By all accounts, 2019 will see a number of fiduciary and best interest investment advice regulations advance at both the federal and state levels. Firms subject to these regulations will face challenges in dealing with rules...more
5/21/2019
/ Best Interest Standard ,
Broker-Dealer ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Fiduciary Rule ,
Financial Services Industry ,
Insurance Industry ,
Investment Adviser ,
Proposed Regulation ,
Securities and Exchange Commission (SEC)
The US Department of Labor (DOL) recently published its Fiscal Year 2018 “Fact Sheet” documenting the criminal and civil enforcement activities of its Employee Benefits Security Administration (EBSA) under the Employee...more
By all accounts, 2019 will see the advancement of a number of fiduciary and best interest investment advice regulations at both the federal and state levels. Firms subject to these regulations will face challenges in dealing...more
4/2/2019
/ Best Interest Standard ,
Broker-Dealer ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Fiduciary Rule ,
Financial Services Industry ,
Insurance Industry ,
Investment Adviser ,
Proposed Regulation ,
Securities and Exchange Commission (SEC)
In broad scope, the guidance issued in 2018 by the Department of Labor (DOL) under the Employee Retirement Income Security Act of 1974, as amended (ERISA), extended a trend established over the preceding five years, with one...more
There is some debate about the intended scope of Regulation Best Interest (Regulation BI) as proposed by the Securities and Exchange Commission (SEC) in the case of retirement investors.
Generally, proposed Regulation BI...more
In Notice 2018-95, released on December 4, 2018, the Internal Revenue Service (IRS) formally announced a “once-in-always-in” interpretation of the section 403(b) participation exclusion for part-time employees and provided...more
In the last three weeks, the Department of Labor (DOL) undertook two initiatives that have the potential to improve the efficiency of the retirement system and the retirement security it provides to US workers.
..The first...more
The principal regulators of US employee benefits have recently published updates to their guidance plans for the coming months.
..On October 18, 2018, the US Department of Labor (DOL) published its Semi-Annual Regulatory...more
The legal standards for broker-dealer firms (BDs) and their representatives, particularly in the retirement market, continue to be in flux. BDs were among those most affected by the promulgation in 2016 of the Department of...more
On September 18, 2018, the Internal Revenue Service (IRS) released Notice 2018-74, which updated the safe harbor guidance that employers may use to comply with the notice requirements under section 402(f) of the Internal...more
In a recent memorandum opinion, the Tax Court ruled that the economic benefit provided to a business principal from life insurance purchased by the business through an Internal Revenue Code section 419A(f)(6)...more
In Notice 2018-67, released on August 21, 2018, the Internal Revenue Service (IRS) sought comments and provided interim guidance on changes in the calculation of unrelated business income tax (UBIT) enacted in the Tax Cuts...more
8/28/2018
/ Corporate Taxes ,
Employee Benefits ,
GILTI tax ,
Individual Retirement Account (IRA) ,
Internal Revenue Code (IRC) ,
IRS ,
NAICS ,
Net Operating Losses ,
Tax Cuts and Jobs Act ,
Tax Exempt Entities ,
UBIT ,
UBTI
As the 2017-2018 term of the US Supreme Court came to a close, a key tool relied on by the Department of Labor (DOL) in enforcement cases under the Employee Retirement Income Security Act of 1974, as amended (ERISA) was...more
The payment of a traditional individual retirement account or annuity (IRA) over to a state unclaimed property fund will now be subject to federal tax withholding and reporting, according to Rev. Rul. 2018-17 released by the...more
Since 2016, the Internal Revenue Service Tax Exempt and Government Entities Division (TE/GE) has followed a practice of posting “issue snapshots” – technical summaries of tax issues provided for reference purposes – from time...more
5/30/2018
/ 401k ,
403(b) Plans ,
457(b) Plans ,
Church Plans ,
Contribution Limits ,
Distribution Rules ,
Employee Benefits ,
Individual Retirement Account (IRA) ,
IRS ,
Loans ,
Qualified Benefit Plans ,
Qualified Retirement Plans ,
Retirement Plan ,
Small Employer Plans (SEPs)
On May 9, 2018, the principal regulators of US employee benefits published updates to their guidance plans for the coming months.
The US Department of Labor (DOL) published its Semi-Annual Regulatory Agenda, stating the...more
A legal dispute involving an Arizona real estate development company has led to a rare court decision considering the “real estate operating company” (REOC) exception under the “plan asset” regulations of the Employee...more
On April 23, 2018, the US Department of Labor (DOL) issued Field Assistance Bulletin (FAB) 2018-01 regarding proxy voting, shareholder engagement and economically targeted investments (ETIs) under the Employee Retirement...more
In Teufel v. Northern Trust Co. (April 11, 2018), the US Court of Appeals for the Seventh Circuit confirmed that a prospective change in the benefit formula for a defined benefit pension plan constituted neither an...more
4/17/2018
/ 401k ,
ADEA ,
Age Discrimination ,
Benefit Plan Sponsors ,
Cost-of-Living Adjustment (COLA) ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
IRS ,
Minimum Salary ,
Pension Plan Amendments ,
Plan Participants
The nationwide vacatur of the Department of Labor “investment advice” fiduciary definition and related exemptions by the US Court of Appeals for the Fifth Circuit on March 15, 2018, does not bring an end to the challenges...more
In a February 2018 memorandum to its Employee Plans examiners, the IRS National Office extended to section 403(b) programs the audit guidelines for required minimum distribution (RMD) failures due to missing participants and...more
In 2017, the principal focus in the administration of the Employee Retirement Income Security Act of 1974, as amended (ERISA), by the Department of Labor (DOL) appropriately remained one of the extraordinary developments...more
2/14/2018
/ Best Interest Contract Exemptions ,
Criminal Investigations ,
Department of Labor (DOL) ,
EBSA ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Fiduciary Rule ,
Investment Adviser ,
IRS ,
MEWAs ,
Political Appointments ,
Prohibited Transactions ,
QPAM ,
Retirement Plan ,
Securities and Exchange Commission (SEC) ,
Trump Administration
By a notice published in the Federal Register on November 29, 2017, the Department of Labor (DOL) extended from January 1, 2018, until July 1, 2019, the date for compliance with the full conditions in its new “investment...more
On November 2, House Republicans released their sweeping tax reform legislation, which contains numerous provisions that will have significant impacts on employee benefits and executive compensation. The bill is expected to...more
The Internal Revenue Service (IRS) has recently published updates to its guidance plans for the coming months.
- On October 20, 2017, the US Department of the Treasury and the IRS released their 2017-2018 Priority Guidance...more