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Government Affairs

Though specific policy details remain elusive on many key issues in the 2016 presidential campaign, the tax reform proposal of a leading candidate could undermine the 401(k).Sen. Marco Rubio (R-Fla.), after his surprisingly strong third place finish (just behind Donald Trump and Ted Cruz) in the... READ MORE
Wrapping up a first week of February with action on legislation designed to block, slow or thwart the Department of Labor’s (DOL) fiduciary rule, the U.S. Senate finally got into the act with two pieces of legislation.Sen. Johnny Isakson (R-Ga), chairman of the Senate Health, Education, Labor and... READ MORE
Do you sometimes feel like you have spent your precious time performing tests that no longer seem relevant or meet an arbitrary deadline? Have you ever come across a nonsensical rule that continually trips up you or your staff and you think to yourself: “it would be so much easier if…”?We all know... READ MORE
The Winter 2016 issue of Plan Consultant magazine is now available on ASPPA Net.The Winter issue, mailed to all ASPPA members in January, marks the start of ASPPA’s 50th anniversary year with a cover story that recaps ASPPA’s first half century and offers insights into the birth and development of... READ MORE
For the second time in a week, an important committee in the U.S. House of Representatives has approved legislation that could undermine the Labor Department’s proposed fiduciary rule.The most recent step was a 26-12 vote by the House Ways and Means Committee on Feb. 3 to pass the Strengthening... READ MORE
The latest issue of Employee Plans News, a periodic IRS newsletter with retirement plan information for retirement plan practitioners, highlights recent developments concerning the IRS Employee Plans Determination Letter Program, as well as links to recent guidance and updated forms and... READ MORE
As the Department of Labor (DOL) moves forward with its new fiduciary standard, lawmakers in the U.S. House of Representatives are working on legislation to address concerns that the final DOL proposal will harm access to retirement savings advice.The House Committee on Education and the Workforce... READ MORE
The Senate Finance Committee held a hearing Jan. 28 on “Helping Americans Prepare for Retirement: Increasing Access, Participation and Coverage in Retirement Savings Plans.” Chairman Orrin Hatch (R-Utah) noted in his opening remarks that the hearing would allow the full committee to hear more... READ MORE
The IRS on Jan. 29 issued guidance on mid-year changes to a safe harbor plan under Internal Revenue Code Sections 401(k) and 401(m). It provides that a mid-year change either to a safe harbor plan or to a plan's safe harbor notice does not violate the safe harbor rules just because it is a mid-year... READ MORE
Not quite two years ago, Sen. Marco Rubio (R-Fla.) said the federal government’s Thrift Savings Plan (TSP) should be opened to private sector workers. Now legislation has been introduced in the U.S. Senate that would take a step in that direction.The American Savings Act, introduced by Sen. Jeff... READ MORE
Neither rain, nor snow, nor dark of night — could keep the Department of Labor (DOL) from getting the updated conflict-of-interest/fiduciary regulation to the Office of Management and Budget (OMB) for review.That’s right, despite the massive snowstorm that hit the Washington, D.C. area last week,... READ MORE
In a Jan. 25 telephone interview with reporters, Labor Secretary Thomas Perez said that the Department of Labor (DOL) hopes that work on the proposed fiduciary rule will be completed “in the coming months.”According to ThinkAdvisor, Perez also said that the DOL is reviewing the high number of... READ MORE
The IRS has issued a proposed rule on the determination of whether the normal retirement age under a governmental pension plan under Internal Revenue Code Section 414(d) satisfies the requirements of Code Section 401(a) and whether the payment of definitely determinable benefits that begin at the... READ MORE
The point has often been made that retirement plan tax “preferences” are a deferral of taxes, not a deduction — and now the Congressional Budget Office (CBO) has estimated that impact on the nation’s Gross Domestic Product (GDP).The CBO’s “The Budget and Economic Outlook: 2016 to 2026” acknowledges... READ MORE
A recent Supreme Court ruling may have implications for retirement plan overpayment recoveries.Now, the payments made in the case of Robert Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan, case number 14-723 (U.S. Supreme Court Jan. 20, 2016) weren’t made from a... READ MORE
Harkening back to a brief reference to benefit portability in the State of the Union address, the Obama Administration has announced its desire to extend Multiple Employer Plan (MEP) access to the private sector.These so-called “open” MEPs are single retirement plans involving two or more unrelated... READ MORE
November was a good month for those who believe that the government should take over the private retirement system.Since far too many Americans continue to lack access to a retirement plan at work, state governments have been legislating retirement policy in recent years to address this significant... READ MORE
Over the past several years, we have heard from our members that the IRS had taken issue with “412(d)(2)” plan amendments in the determination letter application review process — but an internal memorandum from the IRS contains some good news.Some plan sponsors were being told that the amendments... READ MORE
Small businesses in the Garden State will soon be able to use a virtual marketplace to choose a private retirement plan. New Jersey Gov. Chris Christie (R) has signed into law a measure establishing that marketplace.The New Jersey Small Business Retirement Marketplace Act is intended to create a... READ MORE
Ex-presidents will share in the experience of pension caps if the U.S. House of Representatives has its way. The House passed a bill Jan. 11 that would place a limit on pension payments to former presidents, and the Senate now is considering it.Under the 1958 Former Presidents Act, former... READ MORE

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