The February Monthly Minute highlights a new online ACA reporting alternative, the DOL’s temporary policy regarding escheatment of small retirement benefits owed to missing participants, and new guidance clarifying the gag...more
2/25/2025
/ Affordable Care Act ,
Beneficiaries ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Gag Clauses ,
IRS ,
Missing Plan Participants ,
New Guidance ,
Reporting Requirements ,
Required Forms ,
Retirement Plan ,
Unclaimed Property
The January Monthly Minute highlights a recent Texas court decision holding ESG investing violated ERISA and a new development in the J&J prescription drug case that found plaintiff lacked standing to sue, and also digs into...more
1/29/2025
/ Beneficiaries ,
Benefit Plan Sponsors ,
Class Action ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement Actions ,
Environmental Social & Governance (ESG) ,
Fiduciary Duty ,
Investment ,
Lost Earnings ,
Retirement Plan ,
Risk Management ,
Self-Correction Programs
The November Monthly Minute kicks off the season of giving with SECURE 2.0 requirements for 2025 and the latest IRS retirement plan cost-of-living adjustments....more
11/20/2024
/ 401k ,
403(b) Plans ,
Automatic Enrollment ,
Compensation & Benefits ,
Compliance ,
Cost-of-Living Adjustment (COLA) ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Highly Compensated Employees ,
IRS ,
Retirement ,
Retirement Plan ,
Roth IRA ,
SECURE Act ,
Threshold Requirements
The October Monthly Minute highlights two recent retirement plan cases, one in which the court sides with the plan and emphasizes plan administrative review over specific investment results and another where plaintiffs are...more
10/23/2024
/ 401k ,
Benefit Plan Sponsors ,
Breach of Duty ,
Class Action ,
Disclosure ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
ERISA Litigation ,
Fiduciary Duty ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Loper Bright Enterprises v Raimondo ,
Regulatory Agenda ,
Retirement Plan ,
Statutory Authority ,
Statutory Interpretation
The April Monthly Minute looks at a recent court decision highlighting ERISA’s preemptive power in response to a 401(k) garnishment claim and explores the DOL’s latest steps towards creating an online search tool intended to...more
The January Monthly Minute digs deeper into the IRS’ SECURE 2.0 implementation guidance. As promised, in the January Monthly Minute, we are providing additional details of the IRS’ SECURE 2.0 implementation guidance. Noted...more
The IRS just couldn’t wait for Christmas to gift everyone Miscellaneous Changes Under the Secure 2.0 Act of 2022! Notice 2024-2 is meant to provide guidance on discreet issues to assist with SECURE 2.0 implementation...more
The November Monthly Minute digs into the new proposed LTPT regulations, 2024 benefit limits, and the NBA health plan fraud verdict.
Indigestion from Turkey and Stuffing or the IRS’ Proposed LTPT Regulations?...more
11/29/2023
/ Benefit Plan Sponsors ,
Cost-of-Living Adjustment (COLA) ,
Criminal Prosecution ,
Employee Benefits ,
Employer Liability Issues ,
Healthcare Fraud ,
IRS ,
Proposed Rules ,
Regulatory Requirements ,
Retirement Plan ,
SECURE Act
In Notice 2023-62, the IRS walked back the SECURE 2.0 rule that required catch-up contributions to be designated as Roth contributions except in the case of employees with compensation of $145,000 or less (indexed), by...more
The April Monthly Minute examines upcoming Form 5500 changes (which particularly impact small plans) and a recent case highlighting the importance of compliance with plan termination procedures....more
The Senate ushered in the New Year with a bang by passing SECURE 2.0 on December 22, 2022. SECURE 2.0 includes many updates to the sweeping changes brought about under 2019’s original SECURE Act legislation...more
1/31/2023
/ 401k ,
403(b) Plans ,
Employee Retirement Income Security Act (ERISA) ,
EPCRS ,
ESOP ,
IRS ,
New Guidance ,
Non-Discrimination Rules ,
Open Enrollment ,
Part-Time Employees ,
PEP ,
Retirement Plan ,
Roth IRA ,
SECURE Act ,
Student Loans
The September Monthly Minute reports on the IRS’ new amendment extension deadline with respect to coronavirus-related distributions and qualified disaster distributions, a recent $131.8 million settlement stemming from...more
9/28/2022
/ Benefit Plan Sponsors ,
CARES Act ,
Coronavirus/COVID-19 ,
Filing Deadlines ,
Fraud ,
Healthcare ,
Individual Retirement Account (IRA) ,
Investment ,
Investors ,
IRS ,
Relief Measures ,
Retirement Plan ,
SECURE Act ,
Stocks ,
Tax Extensions ,
Tax Litigation
In the August Monthly Minute, we explore the IRS’ recent announcement delaying the deadline to amend retirement plans for SECURE Act and CARES Act changes....more
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
In the March Monthly Minute, we review IRS proposed regulations implementing the SECURE Act, DOL guidance on cryptocurrency investments, and the extended National Emergency “Outbreak Period” guidance.
Crypto-Curious vs....more
3/31/2022
/ 401k ,
Biden Administration ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Defined Contribution Plans ,
Department of Labor (DOL) ,
Digital Assets ,
Employee Benefits ,
Fiduciary Duty ,
Investment Management ,
Investment Opportunities ,
IRS ,
Required Minimum Distributions ,
Retirement Plan
The February Monthly Minute examines the DOL’s recent focus on mental health parity compliance, the Hughes vs. Northwestern University retirement plan fee litigation, and the latest COVID-19 testing coverage guidance....more
2/24/2022
/ Breach of Duty ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Defined Contribution Plans ,
EBSA ,
Employee Benefits ,
Employer Group Health Plans ,
Excessive Fees ,
Fiduciary Duty ,
Health Insurance ,
Hughes v. Northwestern University ,
Infectious Diseases ,
Investment Opportunities ,
Mental Health Parity Rule ,
MHPAEA ,
NQTLs ,
Retirement Plan ,
SCOTUS ,
Virus Testing