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Regulatory Compliance

As expected, and with the ink barely dry on the new Retirement Security regulation, the first lawsuit challenging that rule has been filed. It seeks to vacate the 2024 Fiduciary Rule and amendment to PTE-84-24 under the Administrative Procedures Act (APA) on the grounds that they are “contrary to... READ MORE
At the upcoming 2024 ASPPA Spring National Conference, I look forward to learning from many top industry experts and ERISA attorneys during the conference, as well as receive updates on SECURE 2.0 and developments in Washington D.C. Highlights. To highlight only a few sessions, TPA plan... READ MORE
A contentious congressional hearing that was billed as “examining the policies and priorities of the Department of Labor” ended with a member of Congress calling for the resignation of Acting Labor Secretary Julie Su.  Appearing May 1 for a hearing before the House Education and the Workforce... READ MORE
The effects of the SECURE 2.0 Act cover the gamut from profound and far-reaching to the more mundane yet still important—and that includes reporting about certain retirement plans and saving arrangements.  In FS-2024-18, a fact sheet issued May 2, the IRS reminds businesses that beginning with tax... READ MORE
Don’t Be Bashful! Sign up for the 2024 ASPPA Spring National Conference.  Why Attend?  Here are some reasons to attend the 2024 ASPPA Spring National Conference.  Learn and earn. On this virtual journey, you will hear from a bevy of industry experts and ERISA attorneys, while earning 10 CE... READ MORE
Disasters can create a sudden need for resources to address the situation at hand.  But some resources are more readily accessible than others—resorting to certain kinds of funds can itself create some hardship.  To help avoid that circumstance and risk having a response to an emergency itself... READ MORE
As we approach the 50th anniversary of ERISA, the SECURE 2.0 Act is continuing to dominate the thoughts of plan sponsors, advisors, and administrators—and is on the agenda of the upcoming 2024 ASPPA Spring National Conference.  The conference is just around the corner and I’m excited to hear from... READ MORE
While sympathizing with the participant-plaintiffs in the case, a federal judge finds no obligation to use “reasonable” life expectancy and interest rates in a pension calculation conversion. Plaintiffs Thomas Reichert, Stuart Buck, and Kenneth Henrich (on behalf of themselves and others similarly... READ MORE
Editor note: This story appeared in the Spring 2024 Plan Consultant magazine issue. When a client informs your firm that they’re adopting a cash balance (CB) plan alongside their existing profit sharing 401(k) (PS/k) plan, it’s crucial to understand the implications and necessary adjustments.... READ MORE
One week after the release of the final retirement security rule, senior officials with the Department of Labor’s Employee Benefits Security Administration (EBSA) defended the rollout of the fiduciary rule while taking a deeper dive to explain some of the key changes.   The DOL on April 23... READ MORE
So nice to get a break from deadlines as the weather heats up. Hope your vacation and concert schedule is full of fun times ahead. Perhaps you will prepare a hundred or so Cycle 3 document restatements during down time? Remember preparing your 2023 PBGC Forms that reflected big asset losses in... READ MORE
The Department of Labor (DOL) released the Retirement Security Rule, informally known as the fiduciary rule, to great fanfare on Tuesday—including a press conference and White House ceremony. Now that it’s released, what changes does the final rule make to the proposed rule? Here are eight... READ MORE
Gordon Hartogensis’ term as Director of the Pension Benefit Guaranty Corporation (PBGC) will end on April 30, 2024. The PBGC made the announcement on April 24.  Hartogensis, the first PBGC Director to complete a full five-year term in that office, was nominated in May 2018 by then-President Trump... READ MORE
The Department of Labor’s (DOL) guidance to permit bankruptcy trustees to use its Abandoned Plans Program has moved off of the OMB dashboard and is back with the department, signaling the review is complete on the long-awaited release. A summary description of the proposal explains that the... READ MORE
On April 23, the Department of Labor (DOL) released its final Retirement Security Rule—also called the Fiduciary Rule—that it said will “protect the millions of workers who are saving for retirement diligently and rely on advice from trusted professionals on how to invest their savings.” This... READ MORE
For the IRS, fiscal year (FY) 2023 “was a transitional year,” largely due to funding provided under the Inflation Reduction Act of 2022 and application of technology, according to Commissioner of Internal Revenue Danny Werfel. His made his remarks in the agency’s most recent data book, an annual... READ MORE
Spring cleaning is well underway. But that need not be limited to closets, kitchens, and garages—it can serve retirement plans and their administrators too. And one such prime function is addressing missing participants.  Missing participants—former employees whose benefits remain in the plan but... READ MORE
Momentum is increasing in Congress to repeal the Windfall Elimination Provision (WEP) and the Government Pension Offset (GPO).  In March, Reps. Garret Graves (R-La.) and Abigail Spanberger (D-Va.) called on the House Ways and Means Committee to hold a markup on their bipartisan bill, H.R. 82, the... READ MORE
The Green Mountain State and the Centennial State are going to partner in establishing VT Saves, the state-run program that will provide retirement plan coverage for private-sector employees in Vermont whose employers do not.  On June 1, 2023, Gov. Phil Scott (R) signed into law a measure creating... READ MORE
The IRS on April 16 issued guidance on certain specified required minimum distributions (RMDs) for 2024. It adds that the final regulations it plans to issue related to RMDs will apply for purposes of determining RMDs for calendar years beginning on or after Jan. 1, 2025.  The guidance is... READ MORE

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