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Government Affairs

UPDATED: Find the IRS Announcement HERE On Aug. 25, the IRS contacted the American Retirement Association (ARA) to clarify issues regarding erroneous notices sent regarding supposed late filing of 2022 Form 8955-SSA.  The IRS confirmed that the issue was a programming glitch, which it fixed on... READ MORE
The IRS released guidance on Aug. 25 that addressed Section 603 of the SECURE 2.0 Act with respect to Roth catch-up contributions. The guidance grants a two-year delay in the provision's effective date that mandates that catch-up contributions must be Roth for those earning more than $145,000.... READ MORE
Retirement plans and benefits still are among the matters the IRS plans to address in upcoming guidance. They still are included in the IRS 2022-2023 priority guidance plan; the IRS issued a fourth quarter update to the plan on Aug. 21.  The IRS had released the initial plan on Nov. 4, 2022,... READ MORE
The typically hot inland areas of the Golden State may have been torrid this summer, but one thing at least has been cooling: CalSavers employer registrations and contribution levels.  Registrations had been steadily growing since 2019. But employer registrations dropped from May 31, 2023 to June... READ MORE
The Pension Benefit Guaranty Corporation (PBGC) has been operating appropriately and within the law in actions under the American Rescue Plan of 2021 (ARPA) regarding special financial assistance (SFA) payments, says the GAO in a recent analysis. The GAO performed the analysis in response to a... READ MORE
The Pension Benefit Guaranty Corporation (PBGC) has proposed amendments to its regulation on allocation of assets in single-employer plans. The PBGC seeks to make the changes in order to update the actuarial assumptions—the interest, mortality, and expense assumptions—used to determine: the... READ MORE
The Department of Labor’s Employee Benefits Security Administration (EBSA) has issued a request for information (RFI) on SECURE 2.0 mandates related to ERISA’s reporting and disclosure provisions. Several sections of SECURE 2.0 establish new, or revise existing, ERISA reporting and disclosure... READ MORE
Is it ESG for me but not for thee?  Republicans heavily criticized environmental, social, and governance (ESG) investing policies in recent months, arguing it does little more than serve a woke agenda at the expense of investment returns.  For instance, they say divestment from fossil fuels... READ MORE
The Pension Benefit Guaranty Corporation (PBGC) on Aug. 7 announced that it is granting a one-time waiver of filing requirements under ERISA Section 4010 for certain filers.  The PBGC issued the relief in PBGC Technical Update 23-1. It provides a one-time waiver of the reporting requirement in... READ MORE
The differences between low-income and high-income older workers’ retirement accounts were greater in 2019 than in 2007, according to a new analysis by the Government Accountability Office (GAO).  Known as Congress’ investigative arm, GAO’s analysis of Survey of Consumer Finances (SCF) data on... READ MORE
House and Senate Democrats quietly reintroduced bills on July 27 to require spousal consent for 401(k) distributions. H.R.5060 and S.2627 would “amend the Employee Retirement Income Security Act of 1974 to provide for greater spousal protection under defined contribution plans, and for other... READ MORE
The Pension Benefit Guaranty Corporation (PBGC) expects that both of its pension insurance programs—for single employers and for multiemployer plans—will remain not only solvent but robust for years to come.  The good news is contained in its FY 2022 Projections Report, which it released on Aug.... READ MORE
Building off the SECURE 2.0 Act and taking a page out of the “behavioral finance playbook,” two influential senators introduced bipartisan legislation to establish an automatic reenrollment safe harbor.  SECURE 2.0 soon will require new 401(k) and 403(b) plans to automatically enroll participants... READ MORE
A markup by the House Financial Services Committee that started with numerous delaying tactics and accusations from each party that the other wasn’t acting in good faith ended more than 12 hours later with the approval of several bills—mostly along partisan lines.   “Today, this Committee is... READ MORE
Witnesses at a recent hearing called on the Massachusetts legislature to investigate the effects of the federal Windfall Elimination Provision and Government Pension Offset.  The Joint Committee on Public Service held a hearing on July 25 concerning Resolve S. 1656, which calls for an... READ MORE
Principal Deputy Assistant Secretary for the DOL’s Employee Benefits Security Administration (EBSA) Ali Khawar on July 25 shared with delegates at the 2023 NAPA D.C. Fly-In Forum the key priorities of the department, including new guidance on SECURE 2.0, an update to the fiduciary rule, and... READ MORE
Following an audit by the Office of the Inspector General (OIG), the Pension Benefit Guaranty Corporation (PBGC) has updated documentation required in order to apply for Special Financial Assistance (SFA).  The OIG recently issued “Audit of PBGC’s Review of Initial Special Financial Assistance... READ MORE
July is a good time to take stock of where things stand with respect to the multitude of state laws and programs to address the retirement plan coverage gap in the private sector workforce. By the time July rolls around on the calendar all but a handful of state legislatures have completed their... READ MORE
The IRS will accept certain requests that an application for a private letter ruling (PLR) be put on the fast track. The announcement came in Revenue Procedure (Rev. Proc.) 2023-26, issued on July 26.  The acceptance of requests for accelerated processing is a departure from usual procedure: the... READ MORE
New regulatory guidance that would permit bankruptcy trustees to use the Department of Labor’s (DOL) Abandoned Plan Program has been submitted to the White House’s Office of Management and Budget (OMB) for review. The new guidance, which was submitted to the agency on July 19, apparently will be... READ MORE

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