Regulatory Compliance

Regulatory Compliance covers compliance with ethical codes of conduct as well as those promulgated by FINRA and the SEC. 


 

 

Regulatory Compliance

Regulatory Compliance

By Nevin Adams8/28/2014 • 0 Comments

What happens to executive retirement benefits when employers close or freeze their defined benefit pension plans? What if that plan is a hybrid/cash balance? And what does that mean for advisors? Towers Watson recently conducted an analysis of how Fortune 200 companies in 2013 transitioned executives after changing their underlying broad-based retirement programs to find the answers. READ MORE

By John Iekel8/27/2014 • 0 Comments

This summer, for the first time in more than 20 years, Hawaii was hit by a named tropical system. ays later, a second churned offshore. Hurricane Arthur splashed through North Carolina’s Outer Banks just before July 4. And the height of the Atlantic hurricane season is about to arrive. This portends the possibility of significant property losses, business disruption and the need for hardship distributions from 401(k)s. READ MORE

By John Iekel7/28/2014 • 0 Comments

Is the Form 5500 worth filling out and filing in the first place? Not everyone is convinced, reports Benefitspro. But file they must, and the Government Accountability Office (GAO) has come to the rescue, offering suggestions in its recent report, “Private Pensions: Targeted Revisions Could Improve Usefulness of Form 5500 Information” regarding how the form could be made more useful. READ MORE

By John Iekel7/17/2014 • 0 Comments

The PBGC is stopping its enforcement efforts in open cases involving ERISA Section 4062 (e), and will not take on any new ones until after Dec. 31, 2014. In a July 8 press release, the agency said it is doing so to ensure that its efforts are targeted at cases in which pensions genuinely are at risk. The agency also said that it plans to work with the business community, labor and other stakeholders during this period. READ MORE

By John Iekel6/27/2014 • 0 Comments

According to Acting Director of IRS Employee Plans Thomas Petit, the IRS still lists 401(k) plans among its top examination priorities. Petit provided that confirmation to attendees of the ASPPA Regional Conference in Chicago. READ MORE

By John Iekel6/20/2014 • 0 Comments

You were sure your filing with the IRS was accurate, but you double checked and found that you made a mistake. It’s tempting to stand pat and hope that the IRS won’t notice, but you know it could — and that could have negative ramifications. What to do?  READ MORE

By John Iekel6/20/2014 • 0 Comments

Defined benefit plans, DC plans and 403(b) annuity arrangements, take note: July 31 is right around the corner. That’s the day by which most plans must file the dreaded and onerous Form 5500. The clock is ticking on filing the form that reports on 2013.  READ MORE

By John Iekel6/19/2014 • 0 Comments

Generally, federal law requires employee benefit plans with 100 or more participants to have an audit as part of their obligation to file a Form 5500. Note that some pension plans with fewer than 100 participants also may be required to have an audit if they fail to meet certain conditions relating to their plan investments, bonding, and disclosure requirements. READ MORE

By Craig Hoffman6/13/2014 • 0 Comments

Internal Revenue Code (IRC) Section 412(d)(2) was originally enacted as part of ERISA over 40 years ago. It provides that certain plan amendments adopted after the close of the plan year may be given retroactive effect. In an informal answer to a question raised in conjunction with the 2011 Enrolled Actuaries Conference, the IRS seemed to contradict the clear meaning of this wording. 
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By Craig Hoffman6/12/2014 • 0 Comments

ASPPA has suggested ways in which the Department of Labor could improve the proposed amendment to the Section 408(b)(2) fee disclosure regulations. READ MORE

By Fred Barstein6/11/2014 • 0 Comments

Rep. George Miller (D-Calif.) has asked Labor Secretary Tom Perez to look at potential conflicts of interest among pension consultants that recommend their own investments to clients, The Wall Street Journal reports.  READ MORE

By John Iekel5/27/2014 • 0 Comments

More than 90 percent of the plan sponsors that filed their final Form 5500 filings the IRS Employee Plans Compliance Unit (EPCU) examined in its “Final Return With Assets Project” had at least one error, the IRS reports. Final Forms 5500 are required even if a plan has been exempt from filing a Form 5500-EZ (the annual return of a one-participant retirement plan) in previous years. READ MORE

By Ray Harmon5/15/2014 • 0 Comments

On May 15, the IRS issued Notice 2014-37 containing additional post-Windsor guidance for 401(k) or (m) safe harbor plans in response to an informal request by the ASPPA Government Affairs Committee.  READ MORE

By John Iekel5/14/2014 • 0 Comments

The IRS will soon launch a new pilot program that will give relief to certain plan sponsors and administrators from penalties for filing the Form 5500 or Form 5500-EZ late. Only those who are not entitled to automatic relief under Title I of ERISA will be eligible under the pilot program.  READ MORE

By Fred Barstein5/13/2014 • 0 Comments

Concerns about the impact and usefulness of the 408(b)(2) summary guide rule the DOL proposed in March are building and coalescing. Groups representing large plan sponsors and advisors have expressed concern about the proposal. And earlier this year, a coalition of industry groups that includes SPARK, which represents record keepers and DCIOs, was equally apprehensive about the new rules.

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By Fred Barstein5/9/2014 • 0 Comments

Speaking at a Washington legislative update meeting on May 5, Assistant Labor Secretary for the Employee Benefits Security Administration Phyllis Borzi said that while there is no set date for issuing the rule that will redefine fiduciary, she will not wait forever. Most insiders predict that the rule will not be released before the congressional elections in November. READ MORE

By John Iekel5/7/2014 • 0 Comments

The Office of Management and Budget has approved revisions to the Pension Benefit Guaranty Corporation’s standard termination, distress termination and missing participants forms and instructions. The new forms and instructions can be found on the Plan Terminations page of PBGC’s website.  READ MORE

By John Iekel5/6/2014 • 0 Comments

The Pension Benefit Guaranty Corporation has revised two schedules to be used with 2014 Form 5500 filings. The PBGC modified the Schedule MB (multiemployer defined benefit plan actuarial information) and the Schedule SB (single-employer defined benefit plan actuarial information) and related instructions. The PBGC seeks the Office of Management and Budget’s approval of the modifications before it issues the revised schedules for use with 2014 filings. 

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By John Iekel5/5/2014 • 0 Comments

Pension plans have a lot of adjustments to make in order to comply with the PBGC premium payment rules, which the PBGC amended for plan years beginning in 2014 and beyond. And even if a plan does not owe the PBGC a premium, it still must make a premium filing. READ MORE

By John Iekel4/25/2014 • 0 Comments

Defined contribution plans that were rewritten between May 1, 2008 and April 30, 2010 and that the IRS pre-approved need to be restated with the IRS. The six-year restatement period begins May 1, 2014 and ends April 30, 2016. READ MORE

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