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Joint Board for the Enrollment of Actuaries Announces Temporary Waiver of ‘Physical Presence’

Practice Management
The Joint Board for the Enrollment of Actuaries on Aug. 10 issued a notice to all qualifying sponsors of continuing professional education (CPE) programs for enrolled actuaries of a temporary waiver of the “physical presence” requirement.
 
Concern for Health
 
The Joint Board “recognizes the professional hardships created by the COVID-19 pandemic, specifically those health concerns involved in travelling to and participating in gatherings in close contact with other individuals,” wrote Joint Board for the Enrollment of Actuaries Executive Director Thomas V. Curtin in a notice from the Joint Board to qualifying sponsors. “The Joint Board is providing this temporary relief during the COVID-19 pandemic so that enrolled actuaries may earn CPE credits necessary to maintain their enrollment without compromising their health or the integrity of the CPE requirements,” he wrote.
 
The IRS said in its announcement that the Joint Board “is committed to protecting the health and welfare of enrolled actuaries and understands the challenges that this health pandemic creates.” It continues, “By waiving the physical location requirement while retaining all other steps to earn credit hours in formal programs, the Joint Board feels these measures serve to protect the well-being of enrolled actuaries by encouraging social distancing and reducing person-to-person contact without compromising the integrity of the CPE requirements.”
 
What the Temporary Waiver Does
 
Curtain said that in light of health concerns, the Joint Board is granting a temporary waiver from the ‘physical presence’ requirement for formal programs under 20 CFR 901.11(f)(2)(ii).” Curtin said that the waiver, granted under 20 CFR 901.11(k), applies to all enrolled actuaries—whether in active or inactive status—who earn CPE credit during the current enrollment cycle, Jan. 1, 2020–Dec. 31, 2022. 
 
Under the waiver, any program conducted from Jan. 1, 2020 through Dec. 31, 2022, qualifies as a formal program if the program meets all requirements for a formal program under the Joint Board regulations with one exception—the provision requiring that participants be in the same physical location. 
 
All other requirements for a formal program continue to apply, including:
 
  • all requirements for a qualifying program under section 20 CFR 901.11(f)(2)(i);
  • attendance of at least three participants engaged in substantive pension service; and
  • an opportunity for participants to interact with the instructor during the program.
This temporary waiver may be taken into account when determining whether programs offered after Aug. 10, 2020 and before Jan. 1, 2023 qualify as a formal program. Curtin asked that qualifying sponsors of CPE consider reissuing certificates of completion or instruction for non-formal programs offered from Jan. 1, 2020, through the date of the notice, Aug. 10, 2020, that now qualify as formal programs under the terms of the temporary waiver. 
 
Participants will not be able to claim credit for a formal program unless the certificates of completion or instruction indicate the program is a formal program, Curtin wrote.
The IRS says that active or inactive enrolled actuaries who did not receive a waiver notice by email should contact the Joint Board at [email protected].