News & Analysis as of

Retirement Plan Individual Retirement Account (IRA)

Husch Blackwell LLP

Planning for Retirement Benefits Post-Secure Act

Husch Blackwell LLP on

On July 18, 2024, the Internal Revenue Service (IRS) issued final regulations updating the required minimum distribution (RMD) rules. The final regulations reflect changes made by the Setting Every Community Up for Retirement...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

New Jersey Employers Must Act Soon: Are you Ready for RetireReady NJ?

Most employers with at least 25 employees in New Jersey that do not already offer a qualified retirement plan must soon take action to enroll their employees in the state’s “RetireReady NJ” retirement savings program. This...more

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (48): Recommendations to Transfer IRAs (DOL)

The stay of the effective dates of the amended fiduciary regulation and amended exemptions means that the “old” DOL fiduciary regulation (the 5-part test) and the existing exemptions continue in effect indefinitely....more

Faegre Drinker Biddle & Reath LLP

Rollover Recommendations: PTE 2020-02 Compliance Considerations Following the DOL Fiduciary Rule Stay

The effective date of the DOL’s new expansive fiduciary rule and the amendments to Prohibited Transaction Exemption (PTE) 2020-02 has been stayed pending the outcome of the lawsuits challenging the rule and the amended PTE....more

Morgan Lewis - ML Benefits

DOL QPAM Notification Deadline of September 15 Fast Approaching

The amendments to the QPAM Exemption include a September 15, 2024 notification deadline that will apply to many asset managers. This blog post includes a brief summary of the US Department of Labor’s (DOL’s) recent technical...more

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (47): Recommendations to Transfer IRAs (SEC)

The stay of the effective dates of the amended fiduciary regulation and amended exemptions means that the “old” DOL fiduciary regulation (the 5-part test) and the existing exemptions continue in effect indefinitely. As a...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The way to grow a PEP is through the state mandates

I’m all for states requiring employers to offer a retirement plan or join the state-endorsed IRA program. It increases retirement plan coverage and as a member of the 401(k) industry, it can increase the potential client...more

Lathrop GPM

Fifty Years of ERISA

Lathrop GPM on

On Labor Day fifty years ago, September 2, 1974, President Ford signed the Employee Retirement Income Security Act of 1974 (ERISA) into law. It is a combination of tax and labor law incorporating trust law like fiduciary...more

Vedder Price

Two Federal District Courts Stay DOL Fiduciary Rule

Vedder Price on

On July 25, 2024, the U.S. District Court for the Eastern District of Texas stayed the U.S. Department of Labor’s (DOL) recently-issued final rule, set to take effect September 23, 2024, which would amend the definition of an...more

Hogan Lovells

Court rulings put implementation of Department of Labor Fiduciary Rule on hold

Hogan Lovells on

Two federal district courts in Texas have issued orders staying the implementation of the United States Department of Labor’s (DOL) 2024 Fiduciary Rule (the Final Rule) and related prohibited transaction exemption amendments....more

Amundsen Davis LLC

Illinois Employment Law Update

Amundsen Davis LLC on

Illinois recently passed a number of laws that will significantly impact Illinois employers and require employer policies and employee handbooks to be updated and revised. Effective August 2, 2024- On August 2, 2024,...more

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (45): The Regulation and Exemptions are Stayed (5)—What Remains?

The stay of the effective dates of the amended fiduciary regulation and amended exemptions means that the “old” fiduciary regulation (the 5-part test) and the amended exemptions continue in effect indefinitely. As a result,...more

Seward & Kissel LLP

New Option: Rollover From 529 Account to Roth IRA

Seward & Kissel LLP on

Federal income tax law offers tax advantages to taxpayers that save money in specially designated accounts earmarked for future educational expenses (“529 Accounts”).  In addition, federal income tax law also incentivizes...more

K&L Gates LLP

DOL's Fiduciary Rule: The Latest Developments

K&L Gates LLP on

In July, two Federal District Courts in Texas issued orders staying the effective date of the Department of Labor’s (DOL) fiduciary rule (Fiduciary Rule)....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The mega backdoor Roth is usually not going to work

I have received more inquiries about after-tax voluntary contributions in the past two weeks than in the last 20 years. Why? Well, a lot of people are reading up on these Mega Backdoor Roth articles online....more

Faegre Drinker Biddle & Reath LLP

New DOL Fiduciary Rule Stayed: What Advisors and Insurance Agents Recommending Rollovers Should Do Now

Two recent Texas court decisions stayed the fast-approaching September 23, 2024, effective date of the DOL’s new fiduciary rule (including both the new regulation re-defining “fiduciary” investment advice and the related...more

Lathrop GPM

Retirement Security Fiduciary Rule Stayed

Lathrop GPM on

Under recently finalized federal regulations (commonly referred to as the “Fiduciary Rule”) that were scheduled to become effective on September 23, 2024, the U.S. Department of Labor intended to expand the fiduciary...more

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (42):The Regulation and Exemptions are Stayed (2)—What Remains?

The DOL’s fiduciary regulation was scheduled to become effective this September 23. The exemptions were scheduled to become partially effective this September 23 and fully effective September 23, 2025....more

Faegre Drinker Biddle & Reath LLP

Final Regulations Issued on Required Minimum Distributions Under SECURE Act

The Internal Revenue Service (IRS) has issued final regulations for required minimum distributions (RMDs) from certain retirement plans, including tax-qualified plans, Internal Revenue Code (Code) section 403(b) plans,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Rhode Island is latest state run plan state

Rhode Island is joining the list of states providing a state-run plan that affords private-sector employees retirement plan coverage if their employers do not....more

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (41):The Regulation and Exemptions are Stayed

The DOL’s fiduciary regulation was scheduled to become effective this September 23. The exemptions were scheduled to become partially effective this September 23 and fully effective September 23, 2025....more

Proskauer - Employee Benefits & Executive...

The Never-Ending Fiduciary Rule Story Continues: Effective Date of DOL’s Newest Fiduciary Investment Advice Rule Delayed by...

The Department of Labor (“DOL”) recently issued final rules (the “Final Rules”) which expanded what it means to provide fiduciary “investment advice” under ERISA and Section 4975 of the Code (discussed here). The Final Rules...more

Groom Law Group, Chartered

IRS Finalizes (and Proposes More) Required Minimum Distribution Rules

At long last, the Treasury Department and the Internal Revenue Service (“IRS”) issued final (and new proposed) regulations that address the major changes to Code section 401(a)(9) under the Setting Every Community Up for...more

Fox Rothschild LLP

New Jersey Businesses With More Than 25 Employees Must Soon Offer Retirement Savings Plans

Fox Rothschild LLP on

New Jersey businesses with at least 25 employees will soon need to prove they are providing their employees company-sponsored retirement savings plans or will need to register for a state-administered retirement savings...more

Morgan Lewis - ML Benefits

SECURE 2.0 Simplifies Corporate Transactions with Mid-Year Termination Rules for SIMPLE IRA Plans

In connection with a merger, acquisition, or other corporate (M&A) transaction, buyers often face the dilemma of how to handle the seller’s existing retirement plans covering the continuing employees. Terminating a seller’s...more

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