R. Randall Tracht

R. Randall Tracht

Morgan Lewis

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Final and Proposed Regulations on Hybrid Pension Plans

Plan sponsors have been granted limited relief to bring cash balance interest crediting rates into compliance. On September 18, the Internal Revenue Service (IRS) published final and proposed regulations for cash...more

10/6/2014 - Benefit Plan Sponsors Defined Benefit Plans Final Rules IRC IRS Pensions Proposed Regulation

IRS Releases Guidance for Effective Date of Same-Sex Spousal Retirement Rights

Plan sponsors now know how and by when retirement plans must comply with the U.S. Supreme Court’s decision in Windsor. The IRS has released its long-awaited guidance on the effective date by which qualified retirement...more

4/10/2014 - DOMA IRS Retirement Plan Same-Sex Marriage SCOTUS US v Windsor

Supreme Court to Decide Applicability of the “Prudence Presumption” in ERISA Stock Cases: ESOP and 401(k) Plan Sponsors and...

Introduction - In Fifth Third Bancorp v. Dudenhoeffer, the U.S. Supreme Court will decide whether investments in employer stock are entitled to a “prudence presumption” under the Employee Retirement Income Security Act...more

12/23/2013 - 401k Duty of Prudence Employee Stock Purchase Plans ERISA ESOP FIfth Third Bancorp v Dudenhoeffer Rebuttable Presumptions SCOTUS

DOL Extends Participant Disclosure Deadline for 2013

Guidance provides temporary relief from the August deadline for annual disclosures by participant-directed plans. On July 22, the U.S. Department of Labor (DOL) issued Field Assistance Bulletin 2013-02 (the Bulletin),...more

7/26/2013 - Benefit Plan Sponsors Compliance Deadlines Delays Disclosure Requirements DOL Enforcement Fee Disclosure Fees

DOL Clarifies Revenue Sharing Fiduciary Responsibility Issues

Advisory opinion on "plan asset" issue lays out factors for fiduciary consideration. On July 3, the U.S. Department of Labor (DOL) issued Advisory Opinion 2013-03A, which discusses whether a bookkeeping account for...more

7/19/2013 - Advisory Opinions Benefit Plan Sponsors DOL ERISA Fiduciary Duty Insurers Revenue Sharing

IRS Announces Compliance Check Program for Tax-Exempt Employers

Sponsors of 457(b) plans may receive questionnaires aimed at identifying noncompliance issues. On June 3, the Employee Plans Compliance Unit of the Internal Revenue Service (IRS) announced the creation of its Section...more

6/17/2013 - 457(b) Plans Compliance IRS Questionnaires Tax Exemptions

New Opinion and Advisory Program for Pre-Approved 403(b) Plans

The IRS releases new procedures and sample plan language to assist 403(b) plan sponsors in obtaining pre-approval of 403(b) plan documents and to ensure documentary compliance with 403(b) requirements....more

4/18/2013 - 403(b) Plans Advisory Opinions IRS Pre-approval Required Documentation

PBGC Proposes New Regulations Under Reportable Events Rule

New rules signal relief for financially sound plans and plan sponsors and are consistent with PBGC's section 4062(e) enforcement policy for "plant shutdown" liability....more

4/12/2013 - Benefit Plan Sponsors Enforcement Actions ERISA PBGC Proposed Regulation Reporting Requirements Safe Harbors

Expanded Guidance from IRS on 403(b) Plans

IRS amends EPCRS, significantly affecting 403(b) plans, and issues guidance to assist 403(b) plan sponsors in identifying and correcting defects....more

4/2/2013 - 403(b) Plans Compliance EPCRS IRS Retirement Plan

Fiscal Cliff Legislation Expands In-Plan Roth Conversion Opportunities

American Taxpayer Relief Act extends the existing, limited in-plan Roth conversion option to all amounts under plans that allow elective deferrals, including those amounts not yet eligible for distribution. The American...more

1/31/2013 - 401k American Taxpayer Relief Act Benefit Plan Sponsors Fiscal Cliff Roth Conversions

IRS Updates and Expands Qualification Correction Program

New provisions for correcting operational and plan document errors take effect on April 1. On December 31, 2012, the Internal Revenue Service (IRS) updated its Employee Plans Compliance Resolution System (EPCRS) through...more

1/31/2013 - Benefit Plan Sponsors EPCRS ERISA IRS Retirement Plan Voluntary Correction Program

PBGC Changes Enforcement Policy Under ERISA Section 4062(e)

No action will be taken against creditworthy companies or small pension plans; no financial guarantees will be required for approximately 92% of applicable employer-plan sponsors. On November 2, the Pension Benefit...more

11/13/2012 - PBGC

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