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Regulatory Compliance

Compliance with reporting requirements is critical, but can be complicated. So a refresher on staying in compliance is always timely—and a May 15 session of the 2024 ASPPA Spring National offered a discussion that focused on the IRS Employee Plans Compliance Resolution System (EPCRS). David... READ MORE
Congressional critics of the Department of Labor’s (DOL) final fiduciary rule, officially called the Retirement Security Rule, announced May 15 that they are moving forward with their attempt to block the rule from taking effect. Several high-profile senators and representatives introduced a... READ MORE
The Department of Labor (DOL) has released interim final rules and an amendment to a prohibited transaction class exemption (PTE) to make it easier for Chapter 7 bankruptcy trustees to distribute assets from bankrupt companies’ retirement plans.  The guidance issued May 16 by the DOL’s Employee... READ MORE
The settlements are lining up in a number of so-called excessive fee suits—including one at the 11th hour—all with plaintiffs represented by Capozzi Adler PC. Mass General Brigham Plaintiffs Mark Norton, Daska Louis, Caroline Mitchell, Nancy Barlett, and Azilda Cordahi and Defendants Mass General... READ MORE
The IRS has updated static mortality tables to be used for defined benefit plans under Internal Revenue Code (IRC) Section 430(h)(3)(A) and Section 303(h)(3)(A) of ERISA. The IRS made the announcement in Notice 2024-42.  These updated tables apply for calculation of the funding target and other... READ MORE
A group of retirement industry groups has asked the United States Supreme Court to hear a case they say if “left undisturbed… has the potential to impact the orderly and efficient operation of every retirement plan in the country.” Filing an amicus (friend of the court) brief in support of the... READ MORE
While not quite the bump received from last year’s record inflation, the health savings account (HSA) limits will still receive an increase for 2025, as determined under Section 223 of the Internal Revenue Code.  The new limits were announced May 9 by the IRS in Revenue Procedure 2024-25. The IRS... READ MORE
Target date funds (TDF) start off strong, only to vary more in investment performance and risk as they approach the specified retirement date, according to the Government Accountability Office (GAO)—which asked the Department of Labor (DOL) to do something about it. The GAO has called on the DOL... READ MORE
Ann Y. Orr has been named to serve as the Acting Director of the Pension Benefit Guaranty Corporation (PBGC).  Orr has been named to fill the office that had been held by Gordon Hartogensis. His five-year term as PBGC Director ended on April 30, 2024.  Orr is not new at the PBGC. She served as... READ MORE
As expected, and with the ink barely dry on the new Retirement Security regulation, the first lawsuit challenging that rule has been filed. It seeks to vacate the 2024 Fiduciary Rule and amendment to PTE-84-24 under the Administrative Procedures Act (APA) on the grounds that they are “contrary to... READ MORE
At the upcoming 2024 ASPPA Spring National Conference, I look forward to learning from many top industry experts and ERISA attorneys during the conference, as well as receive updates on SECURE 2.0 and developments in Washington D.C. Highlights. To highlight only a few sessions, TPA plan... READ MORE
A contentious congressional hearing that was billed as “examining the policies and priorities of the Department of Labor” ended with a member of Congress calling for the resignation of Acting Labor Secretary Julie Su.  Appearing May 1 for a hearing before the House Education and the Workforce... READ MORE
The effects of the SECURE 2.0 Act cover the gamut from profound and far-reaching to the more mundane yet still important—and that includes reporting about certain retirement plans and saving arrangements.  In FS-2024-18, a fact sheet issued May 2, the IRS reminds businesses that beginning with tax... READ MORE
Don’t Be Bashful! Sign up for the 2024 ASPPA Spring National Conference.  Why Attend?  Here are some reasons to attend the 2024 ASPPA Spring National Conference.  Learn and earn. On this virtual journey, you will hear from a bevy of industry experts and ERISA attorneys, while earning 10 CE... READ MORE
Disasters can create a sudden need for resources to address the situation at hand.  But some resources are more readily accessible than others—resorting to certain kinds of funds can itself create some hardship.  To help avoid that circumstance and risk having a response to an emergency itself... READ MORE
As we approach the 50th anniversary of ERISA, the SECURE 2.0 Act is continuing to dominate the thoughts of plan sponsors, advisors, and administrators—and is on the agenda of the upcoming 2024 ASPPA Spring National Conference.  The conference is just around the corner and I’m excited to hear from... READ MORE
While sympathizing with the participant-plaintiffs in the case, a federal judge finds no obligation to use “reasonable” life expectancy and interest rates in a pension calculation conversion. Plaintiffs Thomas Reichert, Stuart Buck, and Kenneth Henrich (on behalf of themselves and others similarly... READ MORE
Editor note: This story appeared in the Spring 2024 Plan Consultant magazine issue. When a client informs your firm that they’re adopting a cash balance (CB) plan alongside their existing profit sharing 401(k) (PS/k) plan, it’s crucial to understand the implications and necessary adjustments.... READ MORE
One week after the release of the final retirement security rule, senior officials with the Department of Labor’s Employee Benefits Security Administration (EBSA) defended the rollout of the fiduciary rule while taking a deeper dive to explain some of the key changes.   The DOL on April 23... READ MORE
So nice to get a break from deadlines as the weather heats up. Hope your vacation and concert schedule is full of fun times ahead. Perhaps you will prepare a hundred or so Cycle 3 document restatements during down time? Remember preparing your 2023 PBGC Forms that reflected big asset losses in... READ MORE

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