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Regulatory Compliance

The Pension Benefit Guaranty Corporation (PBGC) has issued guarantee limits for single-employer plans for 2020. The guarantee limits for single-employer plans that fail in 2020 will be 3.65% higher than the limits that applied for 2019, due to indexing ERISA requires. The guarantee limits for... READ MORE
Speakers at an Oct. 22 workshop session at the ASPPA Annual Conference provided an early “deep dive” into the final rules issued last month.   Robert M. Richter, Retirement Education Counsel at the American Retirement Association, and Michael F. Smith, Vice President Qualified Plan Consulting at... READ MORE
Is it worth being involved with distributions with all the associated risks? An Oct. 22 session of the ASPPA Annual Conference addressed that question and offered some tips on handling them. The answer, said Kelly Marie Hurd, Director of Plan Consulting, Qualified Retirement Plan Services, is “... READ MORE
The Pension Benefit Guaranty Corporation (PBGC) has waived the requirement, subject to certain conditions, to report member-specific financial information. The action comes in Technical Update 19-1, which provides guidance on compliance with the annual financial and actuarial information reporting... READ MORE
Paper covers rock – but will it be enough to break scissors? A consortium (an alliance of consumer organizations, labor unions, rural advocates, and print communications industry organizations) calling itself the Coalition for Paper Options – has officially called on the Trump Administration to... READ MORE
The IRS has announced a public hearing on… MEPs. That’s right, the IRS has published notice of a public hearing on proposed regulations relating to the tax qualification of plans maintained by more than one employer – plans that, maintained pursuant to section 413(c) of the Internal Revenue Code,... READ MORE
The costs of offering a defined benefit pension plan will increase next year. The nation’s private pension plan insurer has announced the premium rates for 2020 plan years – yes, they’re higher. The Pension Benefit Guaranty Corporation (PBGC) has determined the premium rates applicable for 2020... READ MORE
If your workforce includes recent college graduates – or even not-so-recent college graduates – it’s likely that some of them have debt associated with their college years – and just as likely that it’s hampering their retirement savings.  Any number of studies have chronicled the impact of this... READ MORE
The American Retirement Association in an Oct. 8 letter to IRS Employee Plans Division Director Robert Choi reiterated its concern over aspects of the final hardship distribution regulations. Those regulations were issued in September. Terming it an “urgent matter,” the ARA told Choi that “the... READ MORE
Guidance on student loan payments under qualified retirement and section 403(b) plans has been added to the updated Treasury/IRS Priority Guidance Plan released Oct. 8.  While the plan does not specify what the agencies are considering, the guidance – which could be issued in the first half of... READ MORE
The Securities and Exchange Commission (SEC) has launched an investigation into whether federal securities laws have been violated by companies that administer teachers’ retirement plans. According to The Wall Street Journal, the SEC has sent letters to companies that administer the plans seeking... READ MORE
Morgan Stanley has fended off a participant suit that a federal judge described as “opportunistic Monday-morning quarterbacking on the part of lawyers.” In Patterson v. Stanley (2019 BL 384508, S.D.N.Y., No. 1:16-cv-06568-RJS, 10/7/19), U.S. Circuit Judge Richard J. Sullivan, sitting by... READ MORE
How are individuals leveraging tax-advantaged retirement accounts? What plan design features are helping to drive positive behaviors? And how much progress have savers made? Those questions and more are addressed in an annual study by Ascensus.  Analyzing data across more than 88,000 retirement... READ MORE
Employees come and go — and sometimes come back. But are they eligible to enter the plan upon their rehire date? A recent ASPPA webcast addressed the legal requirements as well as optional plan design provisions that affect the handling of rehired employees. In “Rehires,” a Sept. 25 ASPPA webcast... READ MORE
Sen. Elizabeth Warren (D-MA) has put forward a comprehensive labor proposal that seeks to scale back the broad protections offered by ERISA preemption and resurrect the DOL’s fiduciary rule.  The presidential candidate released a 14-page proposal on Oct. 3, “Empowering American Workers and Raising... READ MORE
The Pension Benefit Guaranty Corporation (PBGC) has issued a proposed rule that would amend its rules for administrative review of agency decisions. The proposed rule would make all agency coverage determinations subject to appeal and clarify the procedures for requesting administrative review.... READ MORE
Plan sponsors have a lot of responsibilities and often rely on others to help them keep their plan operating in accordance with the law. And yet, even with the most attentive plan sponsors, mistakes (still) occur.  Here’s a list of some of the most common missteps:  1. Not using the plan’s... READ MORE
ASPPA has received several reports of incorrect Form 5558 acknowledgments or extension denials being received by plans that had timely filed to extend the filing deadline for their 2018 Form 5500. In some instances, the acknowledgments are reflecting the extension deadline of Oct. 15, 2019 for off-... READ MORE
The Pension Benefit Guaranty Corporation (PBGC) has issued two proposed rules related to its ERISA Section 4022 Benefits Payment Regulation. The first proposal would do the following. Modernize the assumptions the PBGC uses to determine de minimis lump sum benefits in PBGC-trusteed terminated... READ MORE
A small plan participant’s bid to bring suit on behalf of tens of thousands of plans and millions of participants has been rejected by a federal judge. U.S. District Judge Edmund A. Sargus of the U.S. District Court for the Southern District of Ohio denied a bid from plaintiff Theresa Brown to... READ MORE

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