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Regulatory Compliance

The IRS announced on March 11 that high-deductible health plans (HDHPs) can pay for 2019 Novel Coronavirus (COVID-19)-related testing and treatment without jeopardizing their qualified status. This also means that an individual with an HDHP that covers these costs may continue to contribute to a... READ MORE
While it's not specifically spelled out in the SECURE Act, a key official with the Labor Department indicated that the agency anticipates issuing guidance to help implement the lifetime income safe harbor provision.    Preston Rutledge, the Department of Labor’s Assistant Secretary for the... READ MORE
The Pension Benefit Guaranty Corporation (PBGC) has announced that it has updated most of the forms, instructions and modules of its e-filing portal that are affected by the Miscellaneous Corrections, Clarifications, and Improvements Final Rule. The Office of Management and Budget (OMB) has... READ MORE
There are few things more annoying in my daily existence than those ubiquitous pop-up service agreement acknowledgements.   I say annoying because they are inevitably long and “lawyerly”; there’s no way that they can readily be read (much less absorbed) in the medium in which they are presented;... READ MORE
Do deferrals have to stop after a hardship distribution has taken place? A recent blog entry offers an answer based on two different scenarios. In “Do We Still Need to Suspend Deferrals Following a Hardship Distribution?,” a recent entry on its blog, DWC looks at whether such an action needs to be... READ MORE
There may be a whole new focus emerging with regard to excessive fee litigation.   Last week a reader shared with us an “Excessive Fee Questionnaire Regarding Defined Contribution Plans.” This document was reportedly presented to a plan sponsor of a $170 million plan—from its property and... READ MORE
The IRS has issued the 2020 cumulative list of changes in plan qualification requirements for pre-approved defined benefit plans. The changes are contained in Notice 2020-14. The 2020 Cumulative List sets forth specific matters the IRS has identified for review in determining whether a DB plan... READ MORE
The IRS has updated comprehensive resources designed to help anyone making IRA contributions or receiving IRA distributions for tax year 2019 or considering making retirement donations before April 15, 2020. The publications, both of which address the unique features of Roth IRAs and traditional... READ MORE
The IRS has updated the comprehensive information it provides on distributing assets on time and the failure to do so. In “Issue Snapshot – Plan Termination: Failure to Timely Distribute Assets” the IRS discusses the holding in Revenue Ruling (Rev. Rul.) 89-87 about a plan that fails to timely... READ MORE
The details of a shift in process review by the IRS first reported by the American Retirement Association were “the elephant in the room” at a Joint TE/GE Council Employee Plans & Exempt Organizations meeting on Feb. 28. Following the usual outline of accomplishments for the past year, Tammy... READ MORE
In a unanimous ruling, the nation’s highest court says you don’t need more than a dictionary to know the meaning of “actual knowledge” when it comes to participant awareness regarding 401(k) disclosures.   ‘Tell’ Tale   The decision came in a case involving Intel’s 401(k), its decision to... READ MORE
The Pension Benefit Guaranty Corporation (PBGC) has announced that it is launching a new guidance document database. The guidance documents currently in effect will be accessible through the new database. The PBGC took this step in accordance with Executive Order (EO) 13891, “Promoting the Rule of... READ MORE
The IRS and the Department of Labor should strengthen their oversight of executive retirement plans, the Government Accountability Office says in a recently released report.   In “Private Pensions: IRS and DOL Should Strengthen Oversight of Executive Retirement Plans,” the GAO notes that... READ MORE
Driven by an apparent desire to clean up its case backlog, the IRS is planning a shift in procedure that might mean the end of the VCP program and subject a massive number of plans to audit.   Word of the dramatic shift in focus was brought to the attention of the American Retirement Association... READ MORE
Some questions seem so obvious that one wonders why they are even asked. And the answers may be obvious—but in different ways for different people. One such question is raised in a post on DWC’s blog. Some might be surprised by the answer. Suppose an employee passes away at age 73. He had been... READ MORE
The Pension Benefit Guaranty Corporation (PBGC) has issued a final rule amending its administrative review regulation. The rule makes all agency coverage determinations subject to appeal, clarifies and simplifies the procedures for requesting administrative review, and codifies PBGC practices. On... READ MORE
The IRS has issued the draft instructions for the 2020 IRS Forms 1099-R and 5498: Distributions from Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. But these instructions are only drafts, and are not to be used for actual filing. The information to be... READ MORE
Recent reports by the Congressional Research Service (CRS) have outlined its projections regarding how long Social Security will remain solvent and the consequences when that ends. The CRS also offers some ideas concerning what can be done to restore Social Security to better financial health and... READ MORE
The Security and Exchange Commission (SEC) is putting sales of 403(b) plans to teachers under its scrutiny. Where did this come from? And what does it mean?   In June 2019, the SEC announced two new initiatives that it said built on its ongoing efforts to protect retail investors: The Teachers’... READ MORE
Lost participants and required minimum distributions (RMDs) can both create complications for a plan and its administrators and sponsor. But together they create a mix that can exacerbate the stress and urgency they already can engender independent of each other. A recent blog entry suggests how... READ MORE

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