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Government Affairs

The IRS has updated the frequently asked questions about the Form 5500 series — and did so in a manner that makes them useful for 2015 reporting.The FAQs are as follows.Q. For the question that asks how the 401(k) plan satisfies the nondiscrimination requirements for employee deferrals and... READ MORE
Some may consider it a bundle of coal, and others a vision of sugarplums, but a bipartisan group of lawmakers now says that their legislative proposal to ensure retirement advisors protect clients’ best interests could be introduced before the holiday break.The members of the bipartisan working... READ MORE
For those thinking the impetus behind the Labor Department’s fiduciary proposal might fade with a change in administrations, think again.Earlier this week, presidential aspirant and likely Democratic nominee Hillary Clinton shared her perspective on the fiduciary proposal in no less a forum than a... READ MORE
The U.S. Supreme Court’s June ruling in Obergefell v. Hodges, 576 U.S. ___, 135 S.Ct. 2584 (2015), the decision that overturned state laws and constitutional amendments that defined marriage as occurring between a man and a woman had many consequences, and retirement plans are among the areas it... READ MORE
The federal budget bill being negotiated on Capitol Hill this week could become the battleship that eventually sinks the Department of Labor’s fiduciary rule.Investment News reported Dec. 6 that, according to Rep. Phil Roe (R-Ill.), it is possible that a measure to deny funding for the enforcement... READ MORE
The team of Portman and Cardin have put their heads, and pens, together in a letter to Labor Secretary Tom Perez about the Department of Labor’s (DOL’s) fiduciary proposal.Of course, then-Representatives Rob Portman (R-Ohio) and Ben Cardin (D-Md.) led the charge in the House for the Economic Growth... READ MORE
Congress has passed the Fixing America’s Surface Transportation (FAST) Act of 2015, which is expected to be signed into law Dec. 4 by President Obama — and which, thanks to ASPPA GAC input, includes a vital change for Form 5500 filers.The bill sets policy and funding levels for transportation... READ MORE
The Department of Labor (DOL), IRS and Pension Benefit Guaranty Corporation (PBGC) on Dec. 3 released advance copies of the Form 5500 Series to be used for 2015 reporting.Filings on 2015 forms can be submitted to EFAST2, the electronic system by which the Form 5500 is submitted, through approved... READ MORE
A congressional subcommittee hearing Dec. 2 gave voice to the conflicting perspectives on the Department of Labor’s (DOL) fiduciary proposal, though it seems unlikely that anyone’s perspective was changed.The hearing, “Principles for Ensuring Retirement Advice Serves the Best Interests of Working... READ MORE
The final version of the 2015 Form 5500 was released on Dec. 3 and, in a victory for ASPPA GAC, the new IRS compliance questions were made optional (at least for the 2015 plan year). As has been reported in prior ASPPA Connect articles as well as ASPPA asaps, the IRS had proposed a number of new... READ MORE
Legislation that would amend the rules for church plans in a variety of ways is now before both chambers of Congress. Rep. Pat Tiberi (R-Ohio) introduced the House version of The Church Plan Clarification Act of 2015, H.R. 4085, and Sen. Ben Cardin (D-Md.) introduced the Senate version, S. 2308.... READ MORE
The Pension Benefit Guaranty Corporation (PBGC) has amended its regulation on allocation of assets in single-employer plans by substituting a new table for determining expected retirement ages for participants in pension plans that are distressed or are being involuntarily terminated and that have... READ MORE
The Pension Benefit Guaranty Corporation (PBGC) has issued its annual report, which shows that in federal fiscal year (FY) 2015 the agency paid millions of dollars to support multiemployer pension plans and billions to people covered by pension plans that failed. The report also shows that the PBGC... READ MORE
Pension plan sponsors have long been concerned about rising Pension Benefit Guaranty Corporation (PBGC) premiums — but now a major ratings agency has raised its concerns as well.Following the recent announcement by the PBGC that its multiemployer pension insurance fund deficit had surged by $10... READ MORE
That “unique representational interest” that the Department of Labor (DOL) feels justifies the sponsorship of an open multiple employer plan (MEP) by a state for its citizens might extend beyond state boundaries.Assistant Secretary of Labor Phyllis Borzi says that some New England states have... READ MORE
The Financial Services Roundtable recently hosted an event on Capitol Hill that amounted to a retirement counseling session for Millennials working in Congress.Headlining the event was the youngest woman ever elected to Congress, Rep. Elise Stefanik (R-N.Y.). A freshman member first elected in 2014... READ MORE
The good news is that the Securities and Exchange Commission (SEC) has established a date for issuance of a notice of proposed rulemaking (NPRM) for the Personalized Investment Advice Standard of Conduct.The bad news? That date, according to the SEC Office of Management and Budget’s fall agenda, is... READ MORE
The Obama Administration recently unveiled its myRA program, a federal effort to encourage retirement savings and provide an easy, low-impact way for those who do not participate in a retirement plan to set something aside. But it’s not the first time the administration has embarked on such an... READ MORE
The Office of Management and Budget (OMB) has issued a comprehensive list of regulatory projects the Pension Benefit Guaranty Corporation (PBGC) is undertaking.Proposed Regulations Missing participants: A proposed rule to implement Section 410 of the Pension Protection Act of 2006, which allows... READ MORE
The Department of Labor has criticized an effort by a bipartisan group of members of the U.S. House of Representatives to address concerns about its proposed fiduciary rule, with a DOL spokesman calling the initiative “puzzling and disappointing.”Reps. Phil Roe (R-Tenn.), Richard Neal (D-Mass.),... READ MORE

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