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SECURE ACT 2.0: Wow, What a Difference an Act Makes!

The Consolidated Appropriations Act of 2023 was signed into law on December 29, 2022, and has ushered in one of the most significant pieces of retirement plan legislation in recent memory. SECURE Act 2.0 (SECURE 2.0) contains...more

Department of Labor Proposes New Self-Correction Option for Retirement Plan Prohibited Transactions

The U.S. Department of Labor (the DOL) has proposed an update to its voluntary fiduciary corrections program that, although very limited, will make it easier for fiduciaries to correct some compliance errors in retirement...more

Employment Law Now VI-118 - Overturning Roe v. Wade and the Impact on Employers and Employees  [Audio]

In today's episode, Michael Schmidt offers the takeaways from the Supreme Court's June 2022 Dobbs decision overturning Roe v. Wade, and is joined by his Cozen O'Connor colleagues for a roundtable discussion on the impact of...more

Department of Labor Issues Strong Caution on Use of Cryptocurrencies in 401(k) Plans

The U.S. Department of Labor (the DOL) has issued a compliance release that provides strong caution against ERISA fiduciaries of 401(k) and 403(b) plans including cryptocurrencies as plan investment options. In an unusual...more

DOL Issues Model COBRA Notices For Implementing COVID-Relief Bill’s Subsidized COBRA Requirements

As part of the American Rescue Plan Act of 2021, certain individual who are eligible for and elect continuation of medical coverage under the Consolidated Omnibus Budget and Reconciliation Act of 1985, as amended (COBRA) or...more

Employee Benefits and Executive Compensation Provisions in the American Rescue Plan Act

President Biden has signed into law the American Rescue Plan Act of 2021. The act contains a number of provisions affecting employee benefit plans. A description of some of these changes follows: Beginning April 1, 2021, and...more

IRS Issues Guidance Implementing Coronavirus-Related Retirement Plan Provisions Under the Cares Act

The IRS has issued IRS Notice 2020-50 (the Notice) providing guidance implementing the retirement plan provisions of the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act) that was enacted on March 27, 2020. A...more

IRS Issues Proposed Regulations for Tax on Nonprofit Executive Compensation

The Internal Revenue Service has issued proposed regulations describing the rules regarding the 21 percent excise tax on compensation over $1 million and excess parachute payments paid by tax-exempt organizations to certain...more

ERISA Fiduciaries Get Protection as a result of High Court Ruling

This week’s ruling of the U.S. Supreme Court is potentially positive news and has promising favorable future implications for fiduciaries of ERISA-regulated employee pension plans who might be faced with allegations of...more

IRS Allows Greater Cafeteria Plan Flexibility During COVID-19 Crisis

As a result of the COVID-19 crisis, the IRS has just issued IRS Notice 2020-29 (the notice), which permits (but does not require) employers to provide flexibility to employees to change their elections under cafeteria plans...more

IRS and DOL Release Employee Benefits Guidance for COVID-19-Related Administration

Two recent sets of guidance affecting employers’ operations of employee benefit plans have been issued by the Internal Revenue Service (the IRS) and the Department of Labor (the DOL). ...more

IRS Announces High Deductible Health Plans Can Cover COVID-19 Expenses Without Applying a Deductible

Employers across the country are currently considering what actions to put in place in light of the potential spread of COVID-19 (the coronavirus). Many employers offer their employees high-deductible health plans that can...more

IRS Asserts No Statute of Limitations for ACA Violations; May Require New Record Retention Policies

When it comes to complying with the law, the expiration of a statute of limitations can be a welcome relief for employers trying their best to be legally compliant, but discovering that they were not 100 percent correct with...more

Year-End Spending Bill Includes Significant Employee Benefit Plan Changes

President Trump has signed into law the Further Consolidated Appropriations Act of 2020. The act contains two significant developments for employee benefit plans, (1) the passage of the Setting Every Community Up for...more

IRS Sets March 31, 2020 Deadline for 403(b) Plan Document Compliance

The United States Internal Revenue Service (the “IRS”) has released Revenue Procedure 2019-39, which sets forth a March 31, 2020 deadline by which tax-qualified 403(b) plans must have plan documents that fully comply with the...more

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