As explained in my last post, Things I Worry About (7), the DOL’s EBSA has a number of programs that can restore benefits to plans and participants. Those include:
- Civil investigations.
- Criminal investigations.
-...more
2/4/2025
/ 401k ,
Benefit Plan Sponsors ,
Department of Labor (DOL) ,
Disclosure Requirements ,
EBSA ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Fiduciary Duty ,
Investigations ,
Missing Plan Participants ,
Retirement Plan
The DOL’s EBSA has a number of programs that can restore benefits to plans and participants. Those include:
- Civil investigations.
- Criminal investigations.
- Informal compliant resolutions.
- Correction...more
1/29/2025
/ 401k ,
Benefit Plan Sponsors ,
Compliance ,
Cybersecurity ,
Department of Labor (DOL) ,
EBSA ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement Actions ,
Fiduciary Duty ,
Investigations ,
Investment Adviser ,
Retirement Plan
SECURE 2.0 was enacted on December 29, 2022. Among its provisions is a requirement that “new” 401(k) plans and private sector 403(b) plans must automatically enroll their eligible employees, but not until the first plan year...more
1/16/2025
/ 401k ,
403(b) Plans ,
Automatic Enrollment ,
Compliance ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Internal Revenue Code (IRC) ,
IRS ,
PEP ,
Proposed Regulation ,
Retirement Plan ,
SECURE Act
The SECURE Act (“SECURE 1.0”) included a provision that required sponsors of 401(k) plans to include their long-term, part-time, or LTPT, employees in their plans for purposes of deferring part of their compensation into the...more
The SEC’s Division of Examinations issued its 2025 Exam Priorities a few months ago. 2025-exam-priorities.pdf Many articles have been written about those priorities, but none—at least that I have seen—have addressed the focus...more
SECURE 2.0 was enacted on December 29, 2022. Among its provisions is a requirement that “new” 401(k) plans and private sector 403(b) plans must automatically enroll their eligible employees, but not until the first plan year...more
SECURE 2.0 was enacted on December 29, 2022. Among its provisions is a requirement that “new” 401(k) plans and private sector 403(b) plans must automatically enroll their eligible employees, but not until the first plan year...more
SECURE Act 2.0 was enacted on December 29, 2022. Among its provisions is a requirement that “new” 401(k) plans and private sector 403(b) plans must automatically enroll their eligible employees, but not until the first plan...more
This starts a new series of blog posts…Things I Worry About. I will number these, but they will be more episodic than sequential.
SECURE Act 2.0 was enacted on December 29, 2022. Among its provisions is a requirement that...more
10/28/2024
/ 401k ,
403(b) Plans ,
Automatic Enrollment ,
Benefit Plan Sponsors ,
Disqualification ,
Eligibility ,
Employees ,
Employer Liability Issues ,
Investment Adviser ,
Retirement Plan ,
SECURE Act
As I explained in my last post, Fiduciary Rule 51, I have been asked whether the Supreme Court’s decision in Loper Bright Enterprises et al. v. Raimondo, Secretary of Commerce et al. could affect the outcome of the litigation...more
10/18/2024
/ 401k ,
Annuities ,
Chevron Deference ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Exemptions ,
Fiduciary Duty ,
Fiduciary Rule ,
Individual Retirement Account (IRA) ,
Loper Bright Enterprises v Raimondo ,
PTE 84-24 ,
PTEs ,
Regulation BI ,
SCOTUS ,
Statutory Authority
Most employees who work for large and mid-sized employers have the opportunity to defer money from their paychecks into a savings-based retirement plan. That is not the case with many small employers, though, where large...more
The President signed the Consolidated Appropriations Act, which included SECURE Act 2.0, on December 29, 2022.
SECURE Act 2.0 has over 90 provisions, some major and some minor; some mandatory and some optional; some...more
The President signed the Consolidated Appropriations Act, which included SECURE Act 2.0, on December 29, 2022.
SECURE Act 2.0 has over 90 provisions, some major and some minor; some mandatory and some optional; some...more
5/8/2023
/ 401k ,
Biden Administration ,
Compensation & Benefits ,
Consolidated Appropriations Act (CAA) ,
Employee Benefits ,
Employer Contributions ,
Inflation Reduction Act (IRA) ,
Investment Adviser ,
IRS ,
Retirement Plan ,
SECURE Act ,
Tax Credits
Starting with tax years beginning after December 31, 2022, a small employer can take advantage of significant tax credits under SECURE Act 2.0 (the “Act”) for establishing a new retirement plan. Under the Act, the tax...more
The President signed the Consolidated Appropriations Act, which included SECURE Act 2.0, on December 29, 2022.
SECURE Act 2.0 has over 90 provisions, some major and some minor; some mandatory and some optional; some...more
Prior to the SECURE Act 2.0 the only financial incentive for a participant to make a deferral was a matching contribution.
However, the new law permits “de minimus” non-cash incentives for beginning participation or...more
The President signed the Consolidated Appropriations Act, which included SECURE Act 2.0, on December 29, 2022—the “enactment date”.
SECURE Act 2.0 has over 90 provisions, some major and some minor. One of the most...more
The Department of Labor considers a rollover recommendation to be a recommendation to liquidate the investments in a participant’s 401(k) account or to transfer (and change) securities.
In addition, as explained in...more
The Department of Labor’s Prohibited Transaction Exemption and Its Impact on Recommendations to Plans, Participants and IRAs (Part 6) -
On February 16, 2021, the DOL’s prohibited transaction exemption (PTE) 2020-02 became...more
3/17/2021
/ 401k ,
Best Interest Standard ,
Broker-Dealer ,
Department of Labor (DOL) ,
Fiduciary Duty ,
Individual Retirement Account (IRA) ,
Investment Adviser ,
Prohibited Transactions ,
Regulation Best Interest ,
Retirement Plan ,
Securities and Exchange Commission (SEC)
Late last year, House Ways and Means Committee Chairman Richard E. Neal (D-MA) and Ranking Member Kevin Brady (R-TX) introduced the Securing a Strong Retirement Act of 2020 (SECURE 2.0), a bipartisan legislative proposal that...more
The CARES Act includes a provision that can help participants who are affected by the coronavirus (qualified individuals*) by permitting them to take a special coronavirus-related distribution (CRD) this year. As a financial...more
On June 15, SEC Chairman Clayton issued a statement partially entitled: “Need for Increased Care when Recommending 401(k)/IRA Rollovers and Withdrawals . . .”. As that title suggests, the Chairman’s statement covers areas...more
6/18/2020
/ 401k ,
Best Interest Standard ,
Broker-Dealer ,
CARES Act ,
Coronavirus/COVID-19 ,
Individual Retirement Account (IRA) ,
Investment Adviser ,
IRA Rollovers ,
Regulation BI ,
Securities and Exchange Commission (SEC) ,
Withdrawal
This post outlines CARES Act provisions that affect your plan sponsor clients, plan participants and IRA clients, so you can help them navigate the new rules. This post addresses the rules on required minimum distributions...more
Waiver of Required Minimum Distributions -
This is the third in our series of articles on special CARES Act provisions designed to help your 401(k) participants. In our prior articles, we discussed the temporary loan...more
Our first article discussed CARES Act provisions designed to help your 401(k) participants with temporary loan enhancements. Here we discuss a second provision of the Act that can help participants who are affected by the...more