News & Analysis as of

Retirement Plan Penalties

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Cleaning Out the ERISA Attic: DOL Retires Obsolete Interpretive Bulletins

The Department of Labor’s Employee Benefits Security Administration (EBSA) just did what many plan sponsors wish they could do, clear out old, confusing clutter that no longer serves a purpose....more

Kelley Drye & Warren LLP

Simplified Option for Correcting Certain Retirement Plan Failures

Earlier this year, the U.S. Department of Labor (“DOL”) amended its Voluntary Fiduciary Compliance Program (“VFCP”) to provide retirement plan sponsors with a simplified option for correcting certain specified prohibited...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Solo 401(k) Really Means Solo—So Don’t Be Surprised When You’re on Your Own

Let’s be honest: the Solo 401(k) is one of the great marketing wins of the retirement plan industry. It sounds easy. It sounds empowering. It sounds like freedom—no employees, no complex administration, no fuss. But let me...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Late 5500s: The Maddening Decision Not to Use the DFVCP

There are few things more maddening, more viscerally frustrating, than watching a plan sponsor or service provider steer themselves into the abyss out of sheer pride or ignorance—or worse, some toxic blend of both. But in the...more

Bricker Graydon LLP

Don’t Forget About the IRS When Correcting Delinquent Plan Contributions

Bricker Graydon LLP on

Employers that do not timely deposit participant deferrals and loan contributions to their employer sponsored retirement plans can be subject to Department of Labor (DOL) penalties for breaching their fiduciary duties....more

Williams Mullen

PODCAST: Williams Mullen's Benefits Companion - Forfeitures Under Fire

Williams Mullen on

On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt unpacks the growing legal controversy surrounding the use of forfeitures in retirement plans. With numerous lawsuits recently filed, plan sponsors...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Being aggressive on your mistakes could be a bad idea

Many moons ago, I got a call from a bank with a problem. For two decades—yes, twenty years—they had failed to include bonuses as part of plan compensation. The kicker? They were supposed to. This wasn’t a gray area; the plan...more

Bricker Graydon LLP

It’s Time to Restate Your 403(b) Plan: Deadline Looms for Nonprofits and Governmental Employers

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If your organization sponsors a 403(b) retirement plan, there’s a crucial Internal Revenue Service (IRS) deadline you can’t afford to ignore. The IRS has announced a plan restatement deadline for 403(b) plans....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

How 401(k) Plan Sponsors Can Be Pro-Active

As a 401(k) plan sponsor, you need to understand that not only is the plan a great benefit for you and your employees, but it has some negative aspects if you’re not proactive in maintaining it. If you ignore your 401(k)...more

Holland & Knight LLP

2025 Revisions to the VFCP: Key Changes to Correction and Compliance Options

Holland & Knight LLP on

Historically, the IRS' Employee Plans Compliance Resolution System (EPCRS) has provided employers structured options for correcting retirement plan failures. Under this framework, certain operational errors qualified for...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Bill proposed to waive early withdrawal penalty for fraud

Last week, Rep. Haley Stevens (D-MI) introduced legislation aimed at waiving early withdrawal penalties for victims of retirement account fraud....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Tales Of The TPAs: The Good, The Bad, And The Ugly

As I have always said, the most important 401(k) plan provider you can hire is a Third-Party Administrator (TPA). That’s because a TPA does so much work, and their incompetence can lead to you getting penalized or forcing you...more

Proskauer - Employee Benefits & Executive...

New “Self-Correction” Option for Voluntary Fiduciary Correction Starts March 17, 2025

Starting March 17, 2025, the Employee Benefits Security Administration’s Voluntary Fiduciary Correction Program (“VFCP”) will have a “self-correction” option. Although the new option eliminates the need to wait for formal...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

You’ll get hammered if you don’t use the DFVCP

I sound like a broken record, but I won’t stop until 401(k) plan sponsors understand the issue of a late Form 5500 and Internal Revenue Service (IRS) and Department of Labor (DOL) penalties....more

Faegre Drinker Biddle & Reath LLP

New Self-Correction Component under the DOL’s Voluntary Fiduciary Correction Program

The Voluntary Fiduciary Correction Program (VFCP) has long been a source of reprieve to plan sponsors and fiduciaries from enforcement actions by the Department of Labor (DOL), by allowing the voluntary correction of a number...more

Maynard Nexsen

February Compliance Corner: An Overview of Form 5500

Maynard Nexsen on

If your company offers an employee benefit plan under the Employee Retirement Income Security Act (“ERISA”), you are likely required to file Form 5500. Form 5500 is an annual report that contains information about a company’s...more

Morrison & Foerster LLP

Sorry I’m Late: New Guidance on Late Contributions

Twenty (20!) years after it last issued guidance, the DOL’s Employee Benefits Security Administration has finally released an updated Voluntary Fiduciary Correction Program (VFCP). VFCP is a program that permits retirement...more

Cole Schotz

RetireReady NJ: Reminder About The Requirements Under The New Jersey Secure Choice Savings Program Act

Cole Schotz on

Employers with at least 25 employees in New Jersey that do not already offer a qualified retirement plan to employees must take action to facilitate the RetireReady NJ Retirement Savings Program (“RetireReady NJ”)....more

Kohrman Jackson & Krantz LLP

The SECURE Act: Key Changes and Updates

The Setting Every Community Up for Retirement Enhancement Act (SECURE Act) was originally signed into law on December 20, 2019. The Act simplifies the process for businesses to establish “safe harbor” retirement plans, making...more

Bracewell LLP

Comprehensive WARN Act FAQ for Employers in the Energy Sector

Bracewell LLP on

The US energy sector’s ongoing consolidation wave, which saw $250 billion worth of deals in 2023 and continues into the current year, is reshaping the industry landscape. As companies seek to deploy cash reserves and enhance...more

Flaster Greenberg PC

Compliance Alert: RetireReady NJ Program Coming Soon

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The State of New Jersey is making a state-administered retirement savings program available to eligible workers who do not have qualifying retirement savings plans through their employer. This is an innovative approach to...more

Kohrman Jackson & Krantz LLP

IRS Extends Pause on RMD Penalties for Inherited IRAs

Hard-working Americans spend a lifetime trying to obtain financial stability and to then provide a financial legacy for their families. Often, the strategy to achieve such goals involves the funding of individual retirement...more

Proskauer - Employee Benefits & Executive...

IRS Opens Determination Letter Program to Individually Designed 403(b) Plans

On October 21st, the IRS announced changes to its qualified plan determination letter program. Most notably, the program has been expanded to include section 403(b) tax-sheltered annuity plans (“403(b) plans”). Although...more

Proskauer - The Capital Commitment

2022 SEC Enforcement Results – Takeaways for Fund Managers

Yesterday the SEC’s Division of Enforcement announced its Enforcement Results for Fiscal Year 2022, and there are a few key takeaways for fund managers. The Commission brought 760 total enforcement actions in FY 2022,...more

Jones Day

Pension Schemes Act 2021: Implications for the UK's Rescue Culture

Jones Day on

In recent years, the UK Government's approach to insolvency and restructuring has been to promote a stronger rescue culture whereby companies have a better opportunity of being restructured and rescued on a going-concern...more

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