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IRS Finalizes Required Minimum Distribution Regulations

The IRS recently published its final regulations addressing changes to Tax Code Section 401(a)(9), relating to required minimum distributions (RMDs), under the Setting Every Community Up for Retirement Enhancement Act of 2019...more

Eleventh Circuit Finds Gender-Affirming Surgery Exclusion in Governmental Employer’s Health Plan Violated Title VII

held that a governmental employer’s health plan violated Title VII by applying an exclusion for services and supplies associated with gender reassignment surgery. The Court relied on the Supreme Court’s decision in Bostock v....more

Lawsuit Against Johnson & Johnson For Mismanagement of Drug Prices Likely a Sign of Things To Come For Many Self-Insured Health...

A novel proposed class action lawsuit was filed against Johnson & Johnson (J&J) earlier this month by a current employee for mismanagement of prescription drug prices. The lawsuit alleges, among other things, that J&J...more

SECURE 2.0 Guidance Provides Retirement Plans Much Needed Clarity

The IRS recently issued Notice 2024-2, which provides Q&A guidance on many provisions of the SECURE 2.0 Act, which had left employers and practitioners asking questions. We previously summarized several of the key changes...more

Operational Retirement Plan Changes for 2024

While amendments for the following changes under the SECURE Act and SECURE 2.0 Act are not yet required, retirement plan sponsors (especially 401(k) and 403(b) plan sponsors) need to be aware of the following operational...more

COVID National Emergency Ends Early Impacting Health Plans

On April 10, 2023, President Biden signed a resolution ending the COVID-19 National Emergency. As we had previously reported, the National Emergency originally was scheduled to end on May 11, 2023 – at the same time as the...more

SECURE 2.0 Makes Several Key Changes for Employer Sponsored Retirement Plans

On December 29, 2022, as part of the Consolidated Appropriations Act of 2023, President Biden signed into law the SECURE 2.0 Act of 2022 (“SECURE 2.0”). SECURE 2.0 makes many significant changes to the employer sponsored...more

Revised and New Retirement Plan Distribution Withholding Forms

Earlier this year, the IRS issued a revised Form W-4P (Withholding Certificate for Pension or Annuity Payments) and a new Form W-4R (Withholding Certificate for Nonperiodic Payments and Eligible Rollover Distributions), both...more

Reminder: Transparency in Health Coverage Machine Readable Files Must be Posted by July 1, 2022

The Transparency in Coverage Final Rules issued in 2020 require most non-grandfathered insurers and group health plan sponsors to make publicly available online three machine-readable data files with health care pricing...more

DOL Warns Against Plan Investments in Cryptocurrency

Given the current market volatility, the U.S. Department of Labor’s (DOL) concerns related to the addition of cryptocurrencies in qualified retirement plans seems prescient. In Compliance Assistance Release No. 2022-01, the...more

DOL Issues Cybersecurity Guidance for Plan Fiduciaries

In April, the U.S. Department of Labor (DOL), for the first time, issued cybersecurity guidance that was focused on retirement plans governed by the Employee Retirement Income Security Act of 1974 (ERISA) but could be...more

New DOL Guidance and Model Notices Assist Employers with Their New COBRA Subsidy Obligations

As we previously reported, the recently enacted American Rescue Plan Act of 2021 (ARPA) includes a six-month COBRA premium subsidy whereby the federal government subsidizes 100% of the COBRA premium during the period of April...more

DOL Publishes Helpful New Electronic Disclosure Rules for Retirement Plans

Embracing 21st century technology, the U.S. Department of Labor (DOL) recently published a final rule that provides a new safe harbor for electronic distribution of disclosures to retirement plan participants and...more

Many New Changes And Offerings Impacting Employee Benefit Plans In 2020

A number of changes and new legislation will be impacting your company’s employee benefit plans in 2020.  Here is a summary of the highlights of what is to come in the new year....more

DOL Proposes New Electronic Disclosure Safe Harbor Rule For Retirement Plans

In October, the Department of Labor issued proposed regulations that would allow retirement plan administrators to make required disclosures to participants accessible on a website; as opposed to requiring plan administrators...more

IRS Finalizes Hardship Distribution Regulations For Qualified Retirement Plans

Earlier this year, we summarized proposed Treasury regulations and the Bipartisan Budget Act of 2018, which made changes to the rules governing hardship distributions from 401(k) and 403(b) plans....more

IRS Finds Uncashed Retirement Plan Distribution Checks To Be Taxable

Retirement plan administrators can run into issues with uncashed distribution checks, most often when those distributions are mandated as required minimum distributions under the Tax Code. Last month, the IRS issued Revenue...more

Washington Working To Expand Multiple Employer Retirement Plan Options

The Department of Labor published final regulations on July 31, 2019, making it easier for multiple employers to band together to sponsor a single retirement plan (i.e., a multiple employer plan or MEP), thereby reducing the...more

IRS Expands Self-Correction Program For Qualified Retirement Plans

In its latest iteration of the Employee Plans Compliance Resolution System (“EPCRS”), in Revenue Procedure 2019-19, the IRS opened the self-correction window a bit wider by allowing qualified retirement plans that meet...more

Reminder: Secure Choice Savings Program Is Being Rolled Out in Illinois

As we previously reported, Illinois is implementing the Illinois Secure Choice Savings Program (Program), under which private sector workers in Illinois who do not have access to an employer-sponsored retirement plan will be...more

Recent Mental Health Parity Guidance Highlights Increased Federal Enforcement Activity

By way of background, the Mental Health Parity and Addiction Equity Act (MHPAEA) prevents group health plans and health insurance issuers that provide mental health or substance use disorder benefits from imposing less...more

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