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Regulatory Compliance

A common question regarding the CARES Act distribution, loan and required minimum distribution (RMD) waiver provisions[1] is whether these provisions are optional or mandatory. In most cases, they are optional—but in the retirement world there are very few questions where a short answer will... READ MORE
Last week the question arose as to whether retirement plan contributions for small businesses were covered under the CARES Act’s Paycheck Protection Program—now we have a definitive answer.   As was noted last week, Section 1102 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act of... READ MORE
Questions regarding the administration of the CARES Act have been pouring in—and we’ve got answers! As part of a series of recent webcasts, we have received a large number of questions from our members regarding key operational and administrative aspects of the Coronavirus Aid, Relief and Economic... READ MORE
An ERISA preemption challenge to the CalSavers Retirement Savings Program is gearing up for another go at it.   The Howard Jarvis Taxpayers Association has filed a notice in Howard Jarvis Taxpayers Ass’n. v. Calif. Secure Choice Ret. Sav. Program, E.D. Cal., No. 2:18-cv-01584, notice of appeal 4/... READ MORE
The legislation is still very new, and amidst the scramble for answers and action(s)—well, it’s inevitable that some things will get overlooked, and other important things will be misconstrued.    Here are five things you’ll want to keep straight.   The Coronavirus-related distribution is not a... READ MORE
It may feel like almost another lifetime since the SECURE Act became law a mere four months ago, but it’s still relatively new and there is plenty of dust still settling. A recent ASPPA webcast addressed matters raised in questions concerning the new law.   In the recent webcast, “Frequently... READ MORE
A common question regarding the CARES Act distribution, loan and required minimum distribution (RMD) waiver provisions[1] is whether these provisions are optional or mandatory. In most cases, they are optional—but in the retirement world there are very few questions where a short answer will... READ MORE
ASPPA is always providing information and insights that will be valuable to its members! Following is a summary of upcoming webcasts.   Live Webcasts ASPPA Webcast: The Fiduciary Rule, Again? Wednesday, April 8, 2020   2:00 - 3:40 p.m. ET   Speaker: Kevin Walsh, Principal, Groom Law Group... READ MORE
A March 25 ASPPA webcast took a close look at the mechanics of IRS and Pension Benefit Guaranty Corporation (PBGC) audits of pension plans, and how to prepare for them. Clint Blankenship, President of McCloud & Associates, Inc.  and Meredith Sesser of Sesser Law offered their insights on IRS... READ MORE
The Oregon Retirement Savings Board (ORSB) has issued an updated proposal for making a temporary extension of two deadlines related to OregonSaves permanent. The ORSB had issued the proposal on March 9. In an April 2 letter to Oregon State Treasury Rules Coordinator Kevin Willingham, Oregon... READ MORE
Are retirement plan contributions for small businesses covered under the CARES Act’s Paycheck Protection Program?    Section 1102 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 creates a Paycheck Protection Program (PPP)[1] to help small businesses affected by the COVID... READ MORE
On March 31, the American Retirement Association (ARA) provided an expert discussion of the key elements in the Coronavirus Aid, Relief and Economic Security (CARES) Act in a special webcast. The ARA’s Retirement Education Counsel Robert Richter, Director of Technical Education Bob Kaplan and... READ MORE
The American Retirement Association (ARA) on March 30 requested relief from the Department of Labor’s Employee Benefits Security Administration (EBSA) on certain ERISA notice and disclosure requirements. The ARA made the request in a March 30 letter to the Honorable Preston Rutledge, DOL Assistant... READ MORE
I have long been enamored of so-called “end of the world” fiction—the kind where society as we know it is confronted by the aftermath of some cataclysmic event. And while “this” doesn’t seem to be that—there’s likely to be some significant changes ahead. Here’s a half dozen to consider… More... READ MORE
In the wake of the Coronavirus outbreak, one of the countless issues facing plan sponsors and practitioners alike is determining a participant’s employment status, more specifically whether there has been a severance of employment.  This determination must be made in order to apply a wide variety... READ MORE
President Trump on March 27 signed into law the sweeping $2.2 trillion stimulus bill that includes retirement relief provisions supported by the American Retirement Association. It wasn’t easy—or at least not as easy as it might have been—but the signing of the Coronavirus, Aid, Relief and... READ MORE
Amidst the ongoing COVID-19 crisis, the American Retirement Association has been working diligently to push for commonsense solutions that provide Americans with the funds necessary to provide for themselves and their families while at the same time protect the private employer-sponsored retirement... READ MORE
The IRS has extended the remedial amendment period for 403(b) plans and pre-approved defined benefit plans. The IRS made the announcement on March 27. The American Retirement Association (ARA) in a March 16 letter to Cathy Jones, Director of the IRS Office of Employee Plans, commented on the 403(b... READ MORE
If you’ve been wondering about the potential impact of the U.S. Supreme Court’s recent “actual knowledge” decision, wonder no more. That Intel ruling, handed down in a unanimous ruling in February, held that you don’t need more than a dictionary to know the meaning of “actual knowledge” when it... READ MORE
The lag between registration in OregonSaves and submission of payroll deductions was longer than originally anticipated, but the rollout is accelerating, says a new study. OregonSaves is the state-run retirement plan for employees whose employers do not offer a retirement plan. In “Auto-IRA... READ MORE

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