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Robert Richter

Call it the not so Solo 401(k). We’ve received questions from some American Retirement Association (ARA) members regarding the impact of the long-term part-time employee rules (LTPTE rules) on Solo 401(k) plans. Many sponsors of Solo 401(k) plans were given advice, and established plans with the... READ MORE
Many (if not most) defined contribution plan documents provide that the plan administrator may use forfeitures to reduce contributions, pay plan expenses, or allocate to participants as additional benefits.  In fact, the Treasury and IRS recently suggested that plans be drafted this way to avoid... READ MORE
We are all painfully aware of the complexity of the tax and labor laws we work with. It is, therefore, no surprise that Congress makes drafting mistakes when amending these laws—particularly with voluminous and technical laws, such as the SECURE 2.0 Act of 2022. Unfortunately, once enacted, many... READ MORE
You know the story. The dreaded takeover case where the plan has a massive forfeiture suspense account that has been accumulating for years. Is this a problem? If so, how do you fix it?  We now have answers to these questions. On Feb. 27, 2023, the Treasury and IRS issued proposed regulations (... READ MORE
As previously reported, IRS Notice 2022-33 extends the deadline for employers to  adopt plan amendments for the SECURE Act as well as the required minimum distribution (RMD) provisions of the CARES Act.[1] We’ve heard that many  providers are moving forward with amendments for these provisions... READ MORE
Did you receive an email from Scott Albert at DOL for a missed Form 5500 filing?  It’s not spam! That’s right, the Department of Labor (DOL) recently sent out approximately 22,000 emails to Form 5500 contacts for certain “stop-filer” plans.  Specifically, the emails targeted plans where a Form... READ MORE
Editor’s Note: The House Ways and Means Committee recently approved funding provisions for the Build Back Better Act of 2021, including several retirement plan provisions (starting on page 665, and summarized here.)   That part of the bill is aimed at limiting the ability of high-income... READ MORE
Editor’s Note: The House Ways and Means Committee recently approved funding provisions for the Build Back Better Act of 2021, including  several retirement plan provisions (starting on page 665, and summarized here.)   That part of the bill is aimed at limiting the ability of high-income... READ MORE
Editor’s Note: The House Ways and Means Committee recently approved funding provisions for the Build Back Better Act of 2021, including several retirement plan provisions (starting on page 665, and summarized here.)   That part of the bill is aimed at limiting the ability of high-income... READ MORE
The laws are constantly changing—and plan documents have to be updated to keep up. But if you miss a deadline, there’s a new, and easier, way to fix things.   Historically, the Voluntary Compliance Program (VCP) was the only way to handle a missed restatement—but that requires an IRS submission... READ MORE
What could getting to the chocolate center of a hard candy have to do with an expanded loan repayment period? Read on. Some of you (older) readers might remember the Tootsie Roll Pop ad where a scholarly looking owl was asked how many licks it takes to get to the center of a Tootsie Roll Pop. One... READ MORE
A common question regarding the CARES Act distribution, loan and required minimum distribution (RMD) waiver provisions [1] is whether these provisions are optional or mandatory. In most cases, they are optional – but in the retirement world there are very few questions where a short answer will... READ MORE
A common question regarding the CARES Act distribution, loan and required minimum distribution (RMD) waiver provisions[1] is whether these provisions are optional or mandatory. In most cases, they are optional—but in the retirement world there are very few questions where a short answer will... READ MORE
A common question regarding the CARES Act distribution, loan and required minimum distribution (RMD) waiver provisions[1] is whether these provisions are optional or mandatory. In most cases, they are optional—but in the retirement world there are very few questions where a short answer will... READ MORE
In the wake of the Coronavirus outbreak, one of the countless issues facing plan sponsors and practitioners alike is determining a participant’s employment status, more specifically whether there has been a severance of employment.  This determination must be made in order to apply a wide variety... READ MORE
The Treasury and IRS have proposed regulations designed to encourage adoption of multiple employer plans (MEPs)  – though they’re not final yet. Specifically, the proposed regulations would provide an exception to the “one bad apple” rule for certain MEPs. A MEP is a plan adopted by two or more... READ MORE
The benefits and legal communities have lost one of the stalwart champions of the private retirement system — Alvin D. Lurie, who passed away Nov. 17 at age 92. Many younger practitioners never heard Al speak nor read any of the plethora of articles he authored. Al’s unique writing style and... READ MORE
Do you have a question you’d like to ask the IRS? ASPPA’s IRS Q&A subcommittee wants to hear from you. We are currently gathering questions for the Defined Contribution IRS/Treasury Question & Answer general session at this October’s Annual Conference. The question and answer general... READ MORE
While it is true that safe harbor 401(k) plans are free from the testing of deferrals and, in most cases, matching contributions, it is also true that there are potential pitfalls that may jeopardize the plan’s qualification status. Our session on Monday, Oct. 27 at the ASPPA Annual Conference will... READ MORE
Pre-approved plans (that is, prototype and volume submitter plans) have become the primary documents used by practitioners for the establishment of qualified retirement plans. The IRS encourages the use of pre-approved plans and has therefore increased the flexibility of these plans; plan document... READ MORE