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Retirement Plan Employee Benefits Employee Stock Ownership Plans

Snell & Wilmer

Cheers to 50 Years of ERISA: A Major Milestone in Employee Protection

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As the Employee Retirement Income Security Act (“ERISA”) celebrates its 50th anniversary, it offers us an opportunity to reflect on its transformative impact on employee benefits and retirement security. Signed into law on...more

Kaufman & Canoles

ESOPs & Employee Benefits Q1 2024 Client Update

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On behalf of the ESOPs & Employee Benefits team, we hope you’re enjoying the first days of Spring, when the longer days allow more time to ponder the ever-changing landscape of employee benefits compliance. Please find below...more

Locke Lord LLP

IRS Announces 2024 Retirement Plan Limits: Modest Increases

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The Internal Revenue Service announced the 2024 cost-of-living adjustments to the dollar limitations for qualified retirement plans and other benefits, and the Social Security Administration announced its own cost-of-living...more

Warner Norcross + Judd

IRS Increases Benefit Plan Limits for 2024

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The IRS has announced increased annual limits for retirement and other benefit plans for 2024. While the increases for 2024 are smaller than we’ve seen in prior years, they still may have a significant impact on plans and...more

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

2024 Will See Modest COLAs for Qualified Retirement Plans

On November 1, 2023, the 2024 calendar year cost-of-living adjustments to the contribution and compensation limits for tax-qualified retirement plans were released by the Internal Revenue Service (IRS) in Notice 2023-75....more

Faegre Drinker Biddle & Reath LLP

Thinking ESOPs: Fourth Circuit Narrows Equitable Relief Under ERISA

In Rose v. PSA Airlines, Inc., 80 F.4th 488 (4th Cir. 2023), the U.S. Court of Appeals for the Fourth Circuit held that ERISA § 502(a)(3), which permits a claim for “other appropriate equitable relief,” does not allow claims...more

Kaufman & Canoles

ESOPs & Employee Benefits Q3 2023 Client Update

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As summer turns to fall, the employee benefits landscape continues to evolve. A few of our thoughts on recent updates are below. Also be on the lookout over the coming weeks for a separate guide to SECURE 2.0 provisions that...more

Morgan Lewis - ML Benefits

IRS Warns of Compliance Actions Related to ESOPs and High-Income Taxpayers

The Internal Revenue Service (IRS) recently issued IR-2023-144 (the Notice), warning stakeholders of compliance issues associated with employee stock ownership plans (ESOPs) related to the tax liability of high-income...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The good guys can say no

I always believe that regardless of whether it’s business or regular day-to-day life, you can’t be everything for everybody. Being honest with that is only half the battle....more

Bricker Graydon LLP

Is Your ESOP Ready for the Spotlight?

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Last week, the IRS announced it was increasing enforcement strategies aimed at Employee Stock Ownership Plans “ESOPs”. The IRS stated this new focus on ESOPs is part of the effort to ensure tax laws are applied fairly and...more

Husch Blackwell LLP

Anatomy of an ESOP

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ESOPs can pay fair market value for the stock: Stock purchased by an ESOP must be appraised by an independent third party expert working with a trustee for the ESOP who must also be independent from the seller. The ESOP is...more

Kilpatrick

IRS Cautions Plan Sponsors of ESOPs

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As part of SECURE 2.0, Congress directed the Department of Labor to develop an employee ownership initiative to encourage and incentivize employee ownership in the companies they work for. Last month, the Department of Labor...more

Groom Law Group, Chartered

Small Business Administration Guidance Streamlines Process for Loans to ESOPs

In August of 2018, the Main Street Employee Ownership Act (“MSEOA”) became law as part of the John S. McCain National Defense Authorization Act. The intent behind the MSEOA was to promote the establishment of employee stock...more

Robinson Bradshaw

Tenth Circuit Prohibits Class-Action Waivers in Benefit Plan Documents

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It is no secret that many businesses minimize risk by requiring arbitration of disputes on an individual basis. The exposure created by a single claim pales next to that presented by a class claim, asserted under Rule 23, on...more

Levenfeld Pearlstein, LLC

How the Secure Act 2.0 Affects ESOPs, 401(k)s, and Other Retirement Plans

The Secure Act 2.0 of 2022, enacted in the closing days of 2022, makes a substantial number of changes to tax-qualified retirement plans, most of which are intended to increase plan coverage and retirement savings. Although...more

Morgan Lewis - ML Benefits

SECURE Act 2.0: Impact on ESOPs

The SECURE 2.0 Act of 2022 (SECURE Act 2.0) makes far-reaching changes to the US retirement plan system. Our initial SECURE Act 2.0 LawFlash provided a general overview of its significant provisions. This blog post—one in our...more

Kaufman & Canoles

ESOPs & Employee Benefits Q4 2022 Client Update

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Happy New Year from the K&C ESOPs & Employee Benefits group! We hope 2023 finds you off to a healthy and productive start.  The last quarter of 2022 saw significant updates in the benefits field—as the year was drawing...more

Levenfeld Pearlstein, LLC

IRS Announces Cost-of-Living Increases to ESOP Thresholds and Other Employer-Sponsored Retirement Plans

On October 21, 2022, the Internal Revenue Service announced the cost-of-living adjustments (COLA) to the limits on various employer-sponsored retirement and welfare plans, including employee stock option plans (ESOPs)....more

Faegre Drinker Biddle & Reath LLP

Thinking ESOPs: Why Aren’t Courts Conducting the 'Context-Specific' Inquiry Into Complaints That the Supreme Court Requires?

Recently, several appellate-level court decisions have affirmed dismissals of ERISA fiduciary-breach claims involving 401(k) plans. These decisions followed the Supreme Court’s decision earlier this year in a 403(b) case, in...more

McDermott Will & Emery

IRS Announces 2023 Employee Benefit Plan Limits

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The Internal Revenue Service (IRS) and the Social Security Administration announced the cost-of-living adjustments to the applicable dollar limits on various employer-sponsored retirement and welfare plans and the Social...more

Kaufman & Canoles

ESOPs & Employee Benefits Q3 2022 Client Update

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Happy Fall from the K&C ESOPs & Employee Benefits practice group. We’ve compiled a short list of employee benefits updates from the third quarter of 2022....more

Kaufman & Canoles

ESOPs & Employee Benefits Client Alert

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Retirement Plan RMD Updates Bring Employers New Challenges - Among the many other tasks retirement plan sponsors must navigate, they need to focus on a few new rules aimed at required minimum distributions (or “RMDs”). While...more

Groom Law Group, Chartered

Summary of Provisions in the Securing a Strong Retirement Act (H.R. 2954)

In June, the Senate committees with jurisdiction over retirement approved their versions of retirement reform legislation. The Senate bills are the Enhancing American Retirement Now Act (unnumbered, the “EARN Act”), which was...more

McDermott Will & Emery

Mature ESOPs: Remodeling the House You Own

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On May 5, 2022, McDermott Partner Allison Wilkerson delivered a presentation during the 2022 TEA National Conference titled “Mature ESOPs: Remodeling the House You Own.” Her presentation focused on the traits of a sustainable...more

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