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Regulatory Compliance

The IRS has updated Form 8881, Credit for Small Employer Pension Plan Startup Costs, Auto-Enrollment, and Military Spouse Participation, for 2023 filing to reflect provisions in SECURE 2.0 intended to expand coverage and increase retirement savings.  The revisions to Form 8881, under the SECURE 2.... READ MORE
The IRS has issued a reminder that people born before 1951 need to take required minimum distributions (RMDs) from funds held in IRAs and other retirement plans by the end of the year. And in so doing, it provides an opportunity to in turn remind participants as well as clients whose participants... READ MORE
The IRS has just released new guidance in the form of questions and answers addressing several key provisions contained in the SECURE 2.0 Act of 2022. The IRS advises that the notice (Notice 2024-02) is not intended to provide comprehensive guidance as to the specific provisions of the SECURE 2.0... READ MORE
The newest digital edition of ASPPA’s members-only magazine has been posted online! You have a license to thrill—about the 2023 ASPPA Annual and the TPA Growth Summit! In this issue’s cover story, Genelle Brakefield and Melissa Terito discuss the highs and spies of those events. In our feature... READ MORE
The IRS on Dec. 20, 2023, issued the 2023 cumulative list of changes in plan qualification requirements for pre-approved defined contribution plans. The changes are contained in Notice 2024-03. The 2023 Cumulative List is intended to assist providers applying to the IRS for opinion letters for the... READ MORE
The IRS on Dec. 18 issued tables of covered compensation under Internal Revenue Code (IRC) Section 401(l)(5)(E) and the Income Tax Regulations thereunder for the 2024 plan year. The tables are contained in Revenue Ruling (Rev. Rul.) 2024-01.  Rev. Rul. 2024-01 states that for purposes of... READ MORE
The Pension Benefit Guaranty Corporation (PBGC) intends to ask the Office of Management and Budget (OMB) for approval to extend its collection of information contained in the regulation on special financial assistance (SFA).  The OMB’s approval of the collection of information expires May 31, 2024... READ MORE
When participants earn benefits in a defined benefit plan (DB plan), they can also earn the permanent legal right to receive those benefits in the future. This can occur after a participant reaches certain milestones, such as attaining a certain age, or working for a specified number of years. This... READ MORE
We see it happen on a regular basis. Usually as the result of a miscommunication, a retirement plan sponsor makes an erroneous contribution to the plan. This can cause unintended and unwanted consequences, often including nondeductible and/or disallowed amounts. What can be done? Contributions to... READ MORE
Happy mid-December, all. Hope your Holiday Season is full of mirth!  I signed up for the 2024 virtual ASEA Actuarial Insights conference in January. Typically, I prefer in-person conferences and sit in one of the front rows to stop myself from checking work emails. But the agenda included topics I... READ MORE
The Office of the Inspector General (OIG) is concerned about the ability of the Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) to exercise oversight and protect the integrity of benefit plans, particularly concerning audits. The OIG for the U.S. Department of Labor... READ MORE
Electronic filing of the Form 5558, Application for Extension of Time to File Certain Employee Plan Returns, for form year 2023 may not be available starting Jan. 1, 2024 after all.  It appears that the Department of Labor (DOL) has communicated to third-party software developers that the... READ MORE
Proposed guidance implementing the SECURE 2.0 Act’s provision providing an exemption for certain automatic portability transactions has moved one step closer to being publicly released.  The Department of Labor on Dec. 5 submitted to the White House Office of Management and Budget for review a... READ MORE
American Retirement Association (ARA) CEO Brian Graff is scheduled to testify on the first day of a public hearing hosted by the Department of Labor (DOL) titled “Retirement Security Rule: Definition of an Investment Advice Fiduciary.” ​ Graff will follow opening remarks from Assistant Secretary... READ MORE
A key theme that has emerged from Alight’s annual “hot topics” survey is that employers need more guidance on key provisions in the SECURE 2.0 Act before fully embracing them.  In looking at changes employers intend to make to their retirement and financial wellbeing plans in the coming year, the... READ MORE
The Office of Management and Budget (OMB) has released the Fall 2023 Pension Benefit Guaranty Corporation (PBGC) regulatory agenda, an update that enumerates proposed rules as well as those in final form.  Valuation Assumptions Rule A highlight of the fall update is the movement of the rule on... READ MORE
The IRS on Dec. 8 announced that there will be no changes to the Required Amendments (RA) List for individually designed plans qualified under Internal Revenue Code (IRC) Sections 401(a) and 403(b) for 2023. The IRS made the announcement in Notice 2023-79.  The RA List establishes the end of the... READ MORE
If you’re confused—and overwhelmed—about the Department of Labor’s (DOL) latest proposed rule defining who is an investment advice fiduciary for purposes of the Employee Retirement Income Security Act (ERISA), you’re not alone.  The Biden Administration officially unveiled the Retirement Security... READ MORE
If you missed the live broadcast of the ASPPA Webcast, “Update on Long-Term Part-Time Employees - Insights from the Proposed Regulations,” it is still available! You can access it on demand through Dec. 1, 2024.    On Nov. 24, 2023, the Department of Treasury and IRS released a proposed regulation... READ MORE
The IRS has issued 2024 versions of Form 1099-R and 5498, as well as their instructions. These forms are used to report information concerning contributions and distributions, including those involving IRAs.  The IRS issued the forms as drafts—they are informational and not to be used for filing... READ MORE

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