In This Issue:
- Rulings, Opinions, Etc.
..Validating Rollover Contributions: New Guidance
..Stock Drop Case Development: The Supreme Court Rejects The Presumption Of Prudence
..Dividend Equivalents Subject To FICA Tax At Time Of Payment
..IRS Publishes 2015 Amounts For Health Savings Accounts
..SSA Ends Letter-Forwarding Program
..ERISA Pension Benefit May Be Assigned To Co-Habitant
..Court Rules “Clickwrap” Post-Employment Restrictive Covenants Enforceable
- Excerpt from Validating Rollover Contributions: New Guidance:
When accepting a rollover contribution, a plan administrator must reasonably conclude the contribution is a valid rollover contribution. While evidence that the distributing plan received a favorable IRS determination letter is useful to the plan administrator of the receiving plan in concluding a rollover contribution is valid, evidence of a favorable determination letter is not absolutely required to reach that conclusion. Relevant regulations do not mandate any particular documentation or procedure the plan administrator of a receiving plan must use to reach a reasonable conclusion of validity. However, if the receiving plan obtains a letter from the plan administrator of the distributing plan representing that the distributing plan is or is intended to be a qualified plan, and that the administrator is unaware of any plan provision or operation that would result in disqualification of the distributing plan, the administrator of the receiving plan, absent facts to the contrary, is permitted under existing guidance to reasonably conclude the distributing plan is qualified and that the rollover contribution is valid.
Please see full Publication below for more information.
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Topics: Clickwrap Agreements, Dividends, Employee Benefits, ERISA, FICA Taxes, FIfth Third Bancorp v Dudenhoeffer, HSA, IRA Rollovers, IRS, Restrictive Covenants, SCOTUS, Stock Drop Litigation
Published In: Civil Procedure Updates, Health Updates, Labor & Employment Updates, Securities Updates, Tax Updates
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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