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Regulatory Compliance

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
ASPPA is always providing information and insights that will be valuable to its members! Following is a summary of upcoming webcasts and events.Live WebcastsHandling Participant Claims and InquiriesWednesday, Dec. 16, 20152 p.m. - 3:40 p.m. ETSpeakers: Kelsey H. Mayo, Attorney, Employee Benefits,... READ MORE
The Five W’s (or as they are sometimes called, Five W’s and one H) are questions whose answers are considered basic in information gathering in a variety of settings.There are a lot of questions that plan fiduciaries should ask, but here are five W’s and an H that every new plan fiduciary — or... 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
Employee benefit plan audits are not a suggestion — they are a requirement, at least for a plan that has more than 100 participants, which must include such an audit with the Form 5500 it submits. But the peril of failing to comply is not the only danger associated with this obligation. Adam S.... 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
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 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
Plan fiduciaries should be careful when they choose, and retain, auditors. That may seem obvious, but the Department of Labor (DOL) has been pursuing an effort to provide information about plan audits and advising care in the selection of auditors.In “DOL’s Audit Quality Outreach Continues,” Morgan... 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 IRS will be holding a hearing on proposed regulations relating to the administration of a multiemployer plan participant vote on an approved suspension of benefits under the Multiemployer Pension Reform Act of 2014 (MPRA). The hearing will take place on Dec. 18.The proposed rules the hearing... 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
Securities and Exchange Commission Chairman Mary Jo White on Nov. 18 faced some tough questions from members of the House Financial Services Committee from both parties concerning her agency’s work on setting a uniform fiduciary standard of conduct. White was testifying before the committee... READ MORE
Another “excessive fee” lawsuit was settled recently — but what’s more interesting than the settlement amount is the speed with which it was reached and how it’s going to be spread among the parties.The settlement of the class action came in the case of Karolyn Kruger, M.D., et al v. Novant Health... READ MORE

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