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Regulatory Compliance

Ahead of today’s anticipated rollout of a new fiduciary rule, the Biden Administration has issued a fact sheet previewing its content—including an issue of long concern to the American Retirement Association. The fact sheet focuses on the issue of conflicted advice, specifically calling out what... READ MORE
As anticipated, the Department of Labor (DOL) has released a proposed rule defining who is an investment advice fiduciary for purposes of the Employee Retirement Income Security Act (ERISA). The proposed rule, announced during a White House ceremony attended by President Biden on the afternoon of... READ MORE
After months of anticipation, the Department of Labor (DOL) will release a new version of its proposed fiduciary rule for public comment on Oct. 31.  The announcement will be made during a ceremony at the White House scheduled for 3:30 that afternoon. The President will attend, an indication of... READ MORE
Time is top of mind right now—soon we’ll manipulate the clocks again and “gain” an hour of sleep. But time figures heavily in regulation as well; aspects of time and its passage are relevant to some recent and impending regulations relevant to retirement plans and those who serve them, as well as... READ MORE
The Pension Benefit Guaranty Corporation (PBGC) on Oct. 30 posted the applicable present values for maximum guarantees for 2024 plan years.  The PBGC provides the values in a table that contains the present values of its maximum guarantee for purposes of the Internal Revenue Code (IRC) Section 436... READ MORE
Required minimum distributions (RMDs) are among the many plan features affected by laws enacted and regulations issued in the last few years. An Oct. 24 session of the ASPPA Annual conference held at National Harbor addressed some of the consequences of those changes.  In “Participant Journey: Let... READ MORE
Final regulations updating the existing procedures governing the filing and processing of applications for administrative exemptions from the prohibited transaction provisions of ERISA, the Internal Revenue Code and the Federal Employees’ Retirement System could be released soon. The White House... READ MORE
How did the SECURE Acts affect required minimum distributions (RMDs) and death benefits? An Oct. 23 session of the ASPPA Annual conference held at National Harbor, MD provided a look.    Robert Richter, JD, LLM, Retirement Education Counsel at the American Retirement Association, and Michele... READ MORE
In an Oct. 24 morning session titled “Charting a New Course: Navigating Roth Changes in the Post SECURE 2.0 World” with ‘secret agent’ Shannon Edwards with TriStar Pension Consulting and Michelle Ueding, an employee benefits and executive compensation attorney with Kutak Rock, focused on all one... READ MORE
A new proposed fiduciary rule will be coming “very soon,” according to Assistant Secretary of Labor Lisa Gomez. She was joined by Carol Weiser, Benefits Tax Counsel at the Department of the Treasury, at an Oct. 24 session of the 2023 ASPPA Annual conference at National Harbor, MD.  Issuing... READ MORE
The challenges, opportunities, and complexities surrounding high-profile SECURE 2.0 provisions were tackled in an Oct. 23 morning session at the 2023 ASPPA Annual conference in National Harbor, Maryland. Bob Kaplan, the American Retirement Association's Director of Technical Education, and Robert... READ MORE
A panel at the Oct. 22 opening session of the 2023 ASPPA Annual Conference expressed agreement with the notion of closing the coverage gap but also evinced great concern over the effect legislation that would create a federal retirement savings program could have on the private-sector retirement... READ MORE
Automatic enrollment provisions contained in SECURE 2.0 were the focus of an Oct. 23 presentation at the ASPPA Annual conference in National Harbor, MD. Craig Hoffman, an Attorney/Senior Consultant with Nova 401(k) Associates in Houston, Texas, said that in SECURE 2.0, Congress went much further... READ MORE
The Department of Labor (DOL) has taken the first step in exploring ways to improve the effectiveness of retirement plan disclosures under ERISA, consistent with Section 319 of the SECURE 2.0 Act of 2022.  More specifically, the DOL’s Employee Benefits Security Administration (EBSA) on Oct. 18... READ MORE
The IRS on Oct. 19 issued updated mortality improvement rates and static mortality tables for defined benefit plans for 2024. The update is contained in Notice 2023-73.  Notice 2023-73 provides a mortality table for use in determining minimum present value under Internal Revenue Code Section (IRC... READ MORE
In response to numerous questions posted by House Education and the Workforce Committee members, Acting Labor Secretary Julie Su told the lawmakers that the Labor Department is committed to moving forward on a new rule.  “Our concern consistently has been and continues to be with financial... READ MORE
The nation’s highest court has decided not to decide the applicability of an arbitration clause in fending off an ERISA suit. The case that had been appealed to the United States Supreme Court was decided in favor of the participant-plaintiffs by the United States Court of Appeals for the 10th... READ MORE
The Pension Benefit Guaranty Corporation (PBGC) announced on Oct. 17 that the guarantee limits for single-employer plans that fail in 2024 will be 5.30% higher than the limits that applied for 2023.  The increase in the guarantee limit is almost 3.5 percentage points less than that announced in... READ MORE
The Pension Benefit Guaranty Corporation (PBGC) on Oct. 13 issued the premium rates for 2024.  2024 Premium Rates  The PBGC determined the premium rates applicable for 2024 plan years in accordance with the indexing rules provided in Section 4006 of ERISA, as amended by The SECURE 2.0 Act of 2022... READ MORE
Pension actuaries and professionals working with defined benefit plans face a unique set of challenges when it comes to meeting the Oct. 15 deadline.  This date is pivotal for annual filings and compliance. It’s important to be prepared with strategies to help minimize the stress that can come... READ MORE

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