News & Analysis as of

Plan Documents Benefit Plan Sponsors

Bricker Graydon LLP

Small Change to Cash-Outs Could have Large Financial Effect

Bricker Graydon LLP on

Beginning this year, plan sponsors may increase their qualified plan’s mandatory cash-out limit from $5,000 to $7,000. The increase was enacted by SECURE 2.0, and applies to distributions made after December 31, 2023....more

Bricker Graydon LLP

The Who, the When and the “Oh, No” of 401(k) Plan Notices

Bricker Graydon LLP on

It’s that time of year again when calendar year 401(k) plans must send annual retirement plan notices. As you work with your service providers to make sure all notices are sent, now may be a good time to reacquaint yourself...more

Bricker Graydon LLP

New Optional In-Service Withdrawal Right for Domestic Abuse Victims

Bricker Graydon LLP on

The next installment of our updates on SECURE 2.0 is on another new in-service withdrawal option. SECURE 2.0 allows plan sponsors of defined contribution plans to amend their plans to allow plan participants who are victims...more

Eversheds Sutherland (US) LLP

The IRS CARES: Deadline extension for retirement plan amendments

​​​​​​​The IRS has extended the deadline for plan sponsors of qualified retirement plans and IRAs to make amendments under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and the Taxpayer Certainty and...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Get those participation agreements done

It’s been happening a lot lately: a plan sponsor with several participating employers, not realizing that participation agreements for some of these employers weren’t done. This is just a silly mistake to make....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

So You Missed the IRS’s Preapproved Defined Contribution Retirement Plan Restatement Deadline - Now What?

Every six years, all preapproved defined contribution retirement plans (such as 401(k) plans) must be restated in new plan documents that have fresh approval from the Internal Revenue Service (IRS). The deadline to adopt the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Deadline for ‘Pre-Approved’ Retirement Plan ‘Cycle 3’ Documents: July 31 Is Fast Approaching!

Employers that provide 401(k) and other defined contribution retirement plans to their employees on plan documents that have been “pre-approved” by the Internal Revenue Service (IRS) must sign updated documents by July 31,...more

Foley & Lardner LLP

401(k) Compliance Check #1: Who Makes the Decisions for Your 401(k) Plan?

Foley & Lardner LLP on

For most employers, January kicks off a brand new 401(k) plan year! Now that all of the year-end plan amendments, participant notices, and new deferral elections are behind you, this is a great time to take a step back and...more

Williams Mullen

PODCAST: Williams Mullen's Benefits Companion - Time to Tidy-Up Plan Documents

Williams Mullen on

On this episode of Williams Mullen's Benefits Companion, host Brydon DeWitt reminds us that with priorities focused on taking care of pandemic employees and plan participants, plan administrators may need some extra clean-up...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Get a scanner

Being a plan sponsor is a tough job and the amount of paperwork that goes with it can be overwhelming. The paperwork includes plan documents, summary plan descriptions, amendment, valuations, trusts statements, and payroll....more

Williams Mullen

Plan Sponsors Should Review Restated Pre-Approved Plan Documents with Care

Williams Mullen on

Employers using pre-approved plan documents for their defined contribution retirement plans, such as 401(k) plans, should carefully review restated adoption agreements and basic plan documents that may be issued by their...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

You need to read the plan document

Being an ERISA attorney for a couple of third-party administration (TPA) firms when I first started helps you develop a sense of humor because there are too many people I was associated with who had absolutely zero training...more

Best Best & Krieger LLP

The Differences Between Bundled and Unbundled Retirement Plan Servicing Arrangements

When it comes to retirement plan servicing arrangements for most public agencies, there are basically two flavors: bundled and unbundled. It is important for public plan sponsors and plan fiduciaries to understand the...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The problem with plan investments and audits

Retirement plans with more than 100 participants require a CPA audit for their Form 5500. However, small plans with less than 100 participants may sometimes require an audit. This often happens when more than 5% of the Plan’s...more

Burr & Forman

The Brave New World of Fiduciary Responsibility for Benefit Plans

Burr & Forman on

Most blog entries focus on new developments or recent legislation. This one’s a bit different. Its subject matter, fiduciary responsibility, is as old as ERISA itself. In today’s environment of increased litigation risks for...more

Holland & Hart - The Benefits Dial

I Want to Know, Have You Ever Seen…your plan documents?

Owners and employees of smaller organizations often find themselves stretched in many directions. With all of the demands on one’s time associated with operating a business, it is not uncommon to see attention to the...more

Verrill

SECURE Act: Change to RMD Trigger Age Should Trigger Your Attention Now

Verrill on

As summarized in our January 7 Client Advisory, the SECURE Act includes many changes that affect the design and administration of retirement plans. One of those changes is the increase to the trigger age for required minimum...more

BCLP

New Year’s Resolution for 403(b) Plan Sponsors

BCLP on

Previously we posted on our blog about a deadline looming in the distance for 403(b) plan sponsors to adopt a pre-approved plan document. Now that 2020 has arrived, the deadline is just around the corner and imminent action...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Keep it simple stupid

As they once said in This is Spinal Tap, there is a fine line between stupid and clever. I can assure you that Michael McKeon who played David St. Hubbins in the movie and co-wrote it, was not in plan administration. Based on...more

McDermott Will & Emery

Smarter and Not Harder: The New IRS Hardship Distribution Regulations

McDermott Will & Emery on

The Treasury Department and the IRS recently finalized new hardship distribution rules applicable to defined contribution plans. Plan sponsors should prepare for operational changes to comply with the new regulations,...more

Dickinson Wright

Pay Attention to Requests for ERISA Plan Documents or Risk the Con$equence$

Dickinson Wright on

Every so often an employer sponsoring an ERISA employee benefit plan will receive a written request from a participant or beneficiary (or their legal counsel) to provide plan related documents....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Make sure clients check plan document vs. practice

I’ve spent 21 years as an ERISA attorney and took some classes when I was getting my LLM and I learn something new about retirement plans every day. As a financial advisor, you likely didn’t have the training to be an ERISA...more

Proskauer - Employee Benefits & Executive...

Best Practices in Administering Benefit Claims #2 – Know (and Read) Your SPD

Last week, we kicked off our blog series on the fundamentals of benefit claim administration with an explanation of how important it is to know and read your plan document. The plan document is the legally binding contract...more

Laner Muchin, Ltd.

IRS Finalizes Hardship Distribution Regulations For Qualified Retirement Plans

Laner Muchin, Ltd. on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Final IRS Regulations for Hardship Distributions Incorporate a Decade of Legislative Changes

On September 23, 2019, the U.S. Department of the Treasury and the Internal Revenue Service (IRS) published final regulations that modify the hardship distribution rules for profit sharing, 401(k), 403(b), and eligible...more

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