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Legislation

President Trump on June 5 signed into law a measure that provides additional flexibility for small businesses under the Paycheck Protection Program. The U.S. Senate  had approved the bill by voice vote on June 3, and the U.S. House of Representatives passed it on May 28 by a 417-1 vote.   The... READ MORE
Colorado is poised to join the states with a state-sponsored retirement savings plan for private sector workers—including a mandate for employers (with more than five employees) that do not currently offer a retirement plan.  The state Senate is considering a bill that would create an IRA-based... READ MORE
The House of Representatives has approved stand-alone legislation that seeks to alleviate complications small business owners encountered under the Paycheck Protection Program (PPP).    Introduced by Reps. Dean Phillips (D-MN) and Chip Roy (R-TX), the Paycheck Protection Program Flexibility Act... READ MORE
New legislation would significantly expand the existing credit to cover the wages and benefits—including 401(k) contributions—of employees of businesses affected by COVID-19 until the pandemic subsides, but the bill does come with some strings attached.   Introduced May 21 by Sen. Mark Warner (D-... READ MORE
The House of Representatives plans to vote next week on stand-alone legislation that would ease the rules for businesses taking advantage of the Paycheck Protection Program.  While still encouraging the Senate to take up the massive $3 trillion HEROES Act passed by the House last week, House... READ MORE
We are not quite 60 days past the signing of the CARES Act, legislation that, depending on plan adoption decisions, significantly expanded participant access to their retirement accounts.  Are you seeing an uptick in that activity? Early information from recordkeepers suggests that withdrawal and... READ MORE
It’s not as though we haven’t been through tumultuous times before, but is this time different?   Just four months ago, we were reviewing 2019 401(k) investment performance where the S&P 500 index rose 28+%, the Dow Jones Industrial Average (DJIA) gained 22+% and the NASDAQ was up an even... READ MORE
The $3 trillion bill which passed May 15 includes retirement provisions advocated by the American Retirement Association. While it has already been declared “dead on arrival” in the Senate, that’s not the end of the story.    The House of Representatives approved the “Health and Economic Recovery... READ MORE
New Mexico has joined the list of states that provide a state-run retirement plan safety net. But while the legislation creating the New Mexico Work and Save program has been enacted, the state body that will implement it has some time to get it up and running.   Gov. Michelle Lujan Grisham (D)... READ MORE
A $3 trillion stimulus bill released by House Democrats includes retirement provisions advocated by the American Retirement Association—and a whole lot more—though its passage is anything but certain.   The mammoth 1,800-page bill runs the gamut from providing nearly $1 trillion to state and... READ MORE
A controversial call by the IRS on deductibility of expenses under the Paycheck Protection Program is drawing fire from both parties and both houses of Congress.   No less than the chairmen of the congressional tax-writing committees have expressed concern with the IRS’ interpretation denying... READ MORE
The IRS has provided questions and answers concerning the provisions of the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act and how they apply to and affect retirement plans and IRAs. Specifically, the May 4 Q&As concern Section 2202 of the CARES Act, which provides for special... READ MORE
The recently enacted CARES Act has a variety of effects on retirement plans, and not just 401(k)s. A recent blog entry discusses some of its effects on defined benefit plans—including how it affects distributions.   In “Implementing a Coronavirus Distribution Program in Your DB Plan,” October... READ MORE
Recent guidance clarifies that retirement contributions for unincorporated sole proprietors are excluded from payroll costs in calculating the maximum loan amount under the Paycheck Protection Program (PPP)—and so can’t be forgiven under the terms of that program. Specifically, the Small Business... READ MORE
A senior Republican member in the House has introduced legislation to help those whose retirement savings have been harmed by the economic impact of the COVID-19 pandemic.    Rep. Patrick McHenry (NC), who serves as the ranking Republican on the House Financial Services Committee, introduced the... READ MORE
ASPPA provides extensive coverage concerning a host of aspects of the pandemic and its consequences for plan sponsors, administrators, service providers and participants. This includes how developments resulting from it have affected plans and participants, and how they can be addressed; discussion... READ MORE
Update: President Trump signed the Paycheck Protection Program and Health Care Enhancement Act (H.R. 266) into law on April 24, 2020. The House of Representatives on April 23 approved a $484 billion COVID-19 stimulus bill which includes funding that can be used to help pay retirement benefits. The... READ MORE
The CARES Act has greatly expanded American workers' pre-retirement access to their retirement accounts—so, how might it affect their retirement?   There would seem to be plenty of reason for concern—the definition of person(s) affected by, and thus qualified[1] for, this expanded access through... READ MORE
A common question regarding the CARES Act distribution, loan and required minimum distribution (RMD) waiver provisions[1] is whether these provisions are optional or mandatory. In most cases, they are optional—but in the retirement world there are very few questions where a short answer will... READ MORE
The legislation is still very new, and amidst the scramble for answers and action(s)—well, it’s inevitable that some things will get overlooked, and other important things will be misconstrued.    Here are five things you’ll want to keep straight.   The Coronavirus-related distribution is not a... READ MORE

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