News & Analysis as of

Retirement Plan Employee Benefits Filing Requirements

McDermott Will & Emery

Special Report: SECURE 2.0 Act and the Future of the Employee Plans Compliance Resolution System

McDermott Will & Emery on

The Internal Revenue Service’s (IRS) Employee Plans Compliance Resolution System (EPCRS) allows employers to correct errors involving the maintenance and operation of tax-qualified retirement plans. Depending on the severity...more

Pullman & Comley - Labor, Employment and...

Secure Act 2.0 Creates Greater Opportunities for Self-Correction of Retirement Plans

Since 1998 the Internal Revenue Services (the “IRS”) has had a comprehensive employees plans correction program with three components: self-correction (SCP), voluntary correction with IRS approval including related user fee...more

Verrill

Casting a Wider Net: SECURE 2.0 Gives “Long-Term Part-Time Employees” Faster Access to 401(k) Plans and 403(b) Plans

Verrill on

The SECURE 2.0 Act of 2022 (“SECURE 2.0”) promotes and expands access to retirement plans for American workers in several ways. Among other things, SECURE 2.0 strengthens and expands the special 401(k) plan eligibility...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Solo 401(k) and Form 5500 trap

I think the Solo 401(k) plan is one of the great treats for sole proprietors. I have been using it for years. The problem is that there is so little help, that sponsors of these plans fall into a trap when they forget that...more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - June 2022

The June Monthly Minute provides updates on machine readable file posting rules, the IRS’ new plan examination pilot program, and the upcoming PCORI fee and filing requirements. ...more

Faegre Drinker Biddle & Reath LLP

IRS Pilots Pre-Examination Compliance Program for Retirement Plans

In its recent June Employee Plans newsletter, the Internal Revenue Service (IRS) announced the launch of a 90-day pre-examination compliance pilot program. Under the program, the IRS will notify a plan sponsor that its...more

McDermott Will & Emery

New IRS Pre-Audit Compliance Program for Retirement Plans

McDermott Will & Emery on

Retirement plan sponsors should be aware of a new Internal Revenue Service (IRS) pilot program, which permits plan sponsors to conduct a pre-examination “check-up” of retirement plan administration before the IRS begins a...more

Lowenstein Sandler LLP

The Form 5500: What All Employers and Plan Administrators Need to Know and How to Avoid Costly Fines

In today’s episode of “Just Compensation,” hosts Megan Monson, Taryn E. Cannataro, and Batool T. Banker of Lowenstein’s Employee Benefits & Executive Compensation practice examine the Form 5500, which must be filed by all...more

McDermott Will & Emery

Inflation and ERISA Penalties: Hand in Hand for 2022

2022 INFLATION-ADJUSTED PENALTIES ANNOUNCED BY THE DEPARTMENT OF LABOR - The Federal Civil Penalties Inflation Adjustment Act of 2015 directs the US Department of Labor (DOL) to make annual inflation adjustments to...more

Pullman & Comley - Labor, Employment and...

A Cautionary Tale for Retirement Plan Sponsors’ Avoidable Late Filing Penalties

Do you remember the scene in the Wizard of Oz when Dorothy, the Scarecrow and Tin Man were walking into the forest chanting “lions and tigers and bears, oh my”?  I could not help but mutter “oh my” under my breath when I...more

Morgan Lewis - ML Benefits

Extended Deadlines Announced for Filing Form 5498

In response to the coronavirus (COVID-19) pandemic, the Internal Revenue Service (IRS) has issued new formal guidance that extends the deadline for providers of individual retirement accounts and individual retirement...more

Faegre Drinker Biddle & Reath LLP

Code Section 139: Little Known Disaster Relief Benefits Now in the Spotlight

As most of the nation continues under lockdown due to the COVID-19 pandemic, we have received inquiries about ways employers can provide additional benefits to employees during this unprecedented time. On March 13, 2020, the...more

Seyfarth Shaw LLP

Coronavirus Update – Impact on Employee Benefit Plan Deadlines

Seyfarth Shaw LLP on

Seyfarth Synopsis: The SARS CoV-2 virus (“coronavirus”) has been declared a global pandemic by the World Health Organization. It’s fair to say that none of us have ever experienced a pandemic, or at least not on this level. ...more

Seyfarth Shaw LLP

Fix a Decade of Document Errors? Yes You Can!

Seyfarth Shaw LLP on

Seyfarth Synopsis: In two months (on March 31, 2020), the window closes for 403(b) plan sponsors to take advantage of the unique opportunity to retroactively amend their 403(b) retirement plans to correct document errors...more

Proskauer - Employee Benefits & Executive...

Deadline Approaching for 403(b) Sponsors to Review Plan Documents for Compliance

Section 403(b) plans must be maintained pursuant to a written plan document that meets detailed requirements set forth in IRS regulations. If a plan contains a defect as to form (e.g., a provision does not comply with the...more

Williams Mullen

PODCAST: New Rules for Top Hat Plan Filings

Williams Mullen on

On this episode of Williams Mullen's Benefits Companion, Brydon DeWitt and Nona Massengill discuss the final regulations for top hat plan filings, which went into effect today, August 16. ...more

King & Spalding

Compensation and Benefits Insights – June 2019

King & Spalding on

On April 19, 2019, the Internal Revenue Service (“IRS”) released Revenue Procedure 2019-19 (the “Revenue Procedure”) and a separate IRS Release (the “Release”) updating the Employee Plans Compliance Resolution System...more

Faegre Drinker Biddle & Reath LLP

IRS Announces Limited Expansion of the Determination Letter Program for Individually Designed Plans

Since the end of the IRS’s cyclical determination letter program for individually designed retirement plans in 2017, plan sponsors have been able to request favorable determination letters for individually designed plans only...more

Bradley Arant Boult Cummings LLP

New Fixer Upper Options for Retirement Plans: IRS Expands the EPCRS Self-Correction Program - Employee Benefits Alert

In Revenue Procedure 2019-19, the Internal Revenue Service (IRS) significantly expanded the availability of the Self-Correction Program (SCP) that plan sponsors may use to self-correct failures in their qualified retirement...more

Brownstein Hyatt Farber Schreck

IRS Expands Self-Correction of Retirement Plan Errors

In guidance issued on April 19, 2019, the IRS expands the situations in which retirement plan sponsors can self-correct compliance failures without first having to seek IRS approval or paying a fee. Employers should be aware...more

Eversheds Sutherland (US) LLP

IRS changes direction, issues new collection on plan correction

On April 19, 2019, the Internal Revenue Service (IRS) released Revenue Procedure 2019-19, which updates its Employee Plans Compliance Resolution System (EPCRS). The new EPCRS significantly expands the use of retroactive plan...more

McNees Wallace & Nurick LLC

IRS Expands Self-Correction Program for Retirement Plans

In Revenue Procedure 2019-19 effective April 19, 2019, the IRS expanded a plan sponsor’s ability to Self-Correct certain retirement plan failures. This expansion makes it easier for plan sponsors to fix retirement plan...more

Seyfarth Shaw LLP

IRS Issues Update To Qualified Plan Correction Guidance

Seyfarth Shaw LLP on

In September, the IRS issued Rev. Proc. 2018-52 updating the IRS correction program, i.e., Employee Plans Compliance Resolution System (“EPCRS”). EPCRS allows retirement plan sponsors to correct compliance failures that may...more

Perkins Coie

No Joke: EPCRS Voluntary Correction Program Goes Paperless on April 1, 2019

Perkins Coie on

Starting April Fools’ Day, all Voluntary Correction Program (VCP) submissions and fee payments under the IRS’s Employee Plans Compliance Resolution System (EPCRS) must be made online; the IRS will no longer process paper VCP...more

Snell & Wilmer

IRS Updates Retirement Plan Correction Procedures

Snell & Wilmer on

On September 28, 2018, the IRS released Revenue Procedure 2018-52. The Revenue Procedure makes changes to the IRS Employee Plans Compliance Resolution System (“EPCRS”), which is the IRS’ comprehensive correction program for...more

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