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Regulatory Compliance

The Pension Benefit Guaranty Corporation (PBGC) on Dec. 23 sent the Office of Management and Budget (OMB) a request for its approval of a revision to its collection of information on locating and paying plan participants. OMB’s approval of the current procedures expires on Dec. 31, 2015.The PBGC... READ MORE
The Social Security Administration’s Office of the Chief Actuary has issued updated disability and death probability tables. “Disability and Death Probability Tables for Insured Workers Born in 1995” is based on the intermediate assumptions of the 2015 Trustees Report.The report presents estimates... READ MORE
The IRS Employee Plans office, in the latest issue of Employee Plans News, has issued reminders and links to other information especially useful to plans as the old year ends and a new year begins. It sent Issue 2015-14 on Dec. 21.The latest issue includes: A link to the 2015 Cumulative List of... READ MORE
The court in Tussey v. ABB Inc. No. 2:06-cv-04305 (W.D. Mo. Dec. 9, 2015) has awarded attorney fees roughly equal to the total damages assessed in the excessive fee case — but it won’t come close to covering their costs.According to an analysis by Proskauer Rose LLP, the court awarded class counsel... READ MORE
Education on spousal beneficiary rules on divorced and deceased participants can come through seminars, enrollment meetings and articles in newspapers or pension/IRA periodicals. But they can be found in PPA plan documents as well.In “A Key Beneficiary Provision in PPA Plan Documents,” an article... READ MORE
Often, correction of a plan’s disqualifying defect(s) can be done only with IRS approval. The IRS may have discovered the defect during an audit, requiring that the problem be resolved through an IRS-approved closing agreement. Or the defect may have been submitted to the IRS for resolution under... READ MORE
The departing year was a challenging one for many defined benefit plans, so some suggestions regarding what they can do in the year soon to come likely will be welcome. Mercer is happy to oblige, recently outlining key investment issues they can focus on in 2016.Mercer’s suggestions include the... READ MORE
Roth IRAs have been a popular way to generate future tax-free growth and income since their creation. Yet the decision to contribute or convert to a Roth IRA incurs an immediate tax liability that could become so heavy as to be destructive. So writes Michael Kitces in “Using Systematic Partial Roth... READ MORE
A bipartisan group of lawmakers last week introduced legislation that they say will “ensure retirement advisors serve their clients’ best interests and preserve access to quality financial planning.” It would also require an affirmative vote of Congress before the final fiduciary rule from the... READ MORE
It’s the time of year when Santa — and those who work with executive compensation programs — are making their end-of-year lists — and checking them twice.To that end, the lawyers at Snell & Wilmer have prepared the following end-of-year “to do” list for executive compensation plans:Correct... READ MORE
The Pension Benefit Guaranty Corporation (PBGC) has issued the 2016 comprehensive premium filing instructions. The Office of Management and Budget has approved the instructions, and has posted them on the PBGC website.The PBGC says that it made few changes from the 2015 filing instructions when it... READ MORE
Those who have been concerned about the Labor Department’s recent extension of authority to state governments to run so-called “open” MEPs may now have an opportunity to compete more effectively with that alternative.In November, the Department of Labor (DOL) issued Interpretive Bulletin (IB) 2015-... READ MORE
The IRS on Dec. 14 issued the 2015 Cumulative List of Changes in Plan Qualification Requirements. The list, contained in Notice 2015-84, is to be used by plan sponsors and practitioners submitting determination letter applications for plans during the period beginning Feb. 1, 2016 and ending Jan.... READ MORE
It’s the time of year when Santa — and those who work with defined benefit plans — are making their end-of-year lists — and checking them twice. To that end, the lawyers at Snell & Wilmer have prepared the following end-of-year “to do” list for DB plans.Comply with Items on All Qualified Plans... READ MORE
The House on Dec. 11, and the Senate on Dec. 10, passed a short-term spending bill that will keep the government funded through Dec. 16. Whether budget legislation ultimately will include provisions affecting the Department of Labor’s (DOL) fiduciary rule remains uncertain.The Hill reports that the... READ MORE
Risk transfer events (RTEs) affected more than one million pension plan participants during the period 2009-2013, reports the Pension Benefit Guaranty Corporation (PBGC). In “Risk Transfer Study: Plan Years: 2009-2013,” PBGC actuaries looked at patterns in the data 3,600 large pension plans... READ MORE
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
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
IRA holders and those who provide them services may be interested to know that the IRS has made modifications to the Form 5329, “Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts.” The IRS has issued the version to be used for 2015 reporting.The IRS modified Part... READ MORE

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