News & Analysis as of

SECURE Act Fiduciary Duty

Bricker Graydon LLP

More Discretion, More Documentation: Recovering Overpayments Under Secure 2.0

Bricker Graydon LLP on

Under SECURE 2.0, plan sponsors were granted discretion to determine whether or not the plan would recoup "inadvertent benefit overpayments." However, SECURE 2.0, did not define the term, leaving implementation of the new...more

Bricker Graydon LLP

The DOL Lost and Found Database is Live

Bricker Graydon LLP on

Late last year, the Department of Labor (DOL) launched the public Retirement Savings Lost and Found Database. Created as part of SECURE 2.0, the DOL hopes that the database will serve as a centralized location to help missing...more

Jackson Walker

2025 Regulatory Review: Implications for Retirement Plans and Employer Actions

Jackson Walker on

The first few months of 2025 brought the potential for many changes. On January 20, 2025, one of the Executive Orders pulled back all proposed regulations that had been issued in the last 60 days, including proposed...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

DOL announces VFCP changes

The Department of Labor announced that its Employee Benefits Security Administration has updated its Voluntary Fiduciary Compliance Program, allowing employers more efficient ways to voluntarily correct compliance issues in...more

Morgan Lewis

DOL’s VFCP Final Rule Adds Limited ‘Self-Correction’ Program for Late Contributions, Participant Loan Failures

Morgan Lewis on

The Employee Benefits Security Administration recently released its final rule amending and restating the Voluntary Fiduciary Correction Program, along with corresponding amendments to a related class exemption, Prohibited...more

Miller Canfield

IRS Issues Proposed Regulations on Secure 2.0 Catch-Up Provisions

Miller Canfield on

The IRS issued Proposed Regulations last month which provide helpful clarity for employers on how to implement and comply with two new SECURE 2.0 provisions relating to catch-up contributions....more

Seyfarth Shaw LLP

The DOL May Not Actually Want to Hear From You: New Guidance Streamlining the Voluntary Fiduciary Correction Program

Seyfarth Shaw LLP on

The DOL updated its voluntary fiduciary correction program (“VFCP”) which was introduced over 20 years ago to allow plan sponsors to corrected enumerated fiduciary breaches. The amended VFCP now allows for self-correction of...more

Kilpatrick

DOL Finalizes VFC Program Self-Correction Component for Late Deposits and Loan Failures

Kilpatrick on

On January 14, 2025, the US Department of Labor (“DOL”) released a final regulation revising its Voluntary Fiduciary Correction (“VFC”) Program and related prohibited transaction exemption (“PTE”) 2002-51 to add a...more

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

DOL Releases Final Rule for Self-Correction Under the Voluntary Fiduciary Compliance Program

On January 14, 2025, the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) released its long-awaited final rules regarding changes to the Voluntary Fiduciary Compliance Program (VFCP). The new...more

Faegre Drinker Biddle & Reath LLP

DOL Lost & Found Database for Retirement Savings Goes Live

If you have ever found $10 in the pocket of a coat that you have not worn for some time, you are familiar with the delight of finding lost money that belongs to you. The Department of Labor’s new Retirement Savings Lost &...more

Bricker Graydon LLP

Considering Auto-Portability for your Retirement Plan?

Bricker Graydon LLP on

We have noticed an increasing number of employers reaching out with questions about whether they should have their defined contribution plan join the auto-portability network. ...more

Verrill

Department of Labor Launches Retirement Savings Lost and Found

Verrill on

The SECURE 2.0 Act of 2022 added new Section 523 to the Employee Retirement Income Security Act of 1974 (“ERISA”), requiring the Department of Labor (the “Department”) to establish an online database called the Retirement...more

Williams Mullen

Annual Employee Benefits Compliance Checklists - Corporate Counsel

Williams Mullen on

The following checklist highlights key issues for corporate counsel with respect to employee benefit plans and executive compensation arrangements....more

Keating Muething & Klekamp PLL

Benefits Monthly Minute - June 2024

The June Monthly Minute highlights recent DOL guidance on annuity provider selection for defined benefit plans and IRS Q&As that provide details on SECURE 2.0’s optional emergency and domestic abuse victim distributions for...more

Foley & Lardner LLP

Five Things on the Department of Labor’s Radar for Employee Benefit Plans

Foley & Lardner LLP on

All qualified retirement plans are subject to a myriad of requirements of the Employee Retirement Income Security Act of 1974, as amended (ERISA). The United States Department of Labor (DOL) is charged with enforcing the...more

Bricker Graydon LLP

Knock Knock, Is Anyone Home? Do You Know Where Your “Missing” Retirement Plan Participants Are?

Bricker Graydon LLP on

In the laundry list of retirement plan administrative and operational requirements, plan sponsors may sometimes overlook their obligations with respect to terminated vested employees. Even though these individuals have left...more

Faegre Drinker Biddle & Reath LLP

The SECURE Act 2.0: The Most Impactful Provisions #14 — Automatic Portability for IRA Force-outs

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

Morgan Lewis - ML Benefits

Transitioning to Post-SECURE 2.0 Pension Overpayment Recovery Practices

As we have previously discussed, the SECURE Act 2.0 of 2022 (SECURE 2.0) changed the game for plan sponsors when considering whether and how to recover retirement plan overpayments. The new rules provide welcome relief and...more

Robinson Bradshaw

Fiduciary Fundamentals: The Basics

Robinson Bradshaw on

The Employee Retirement Income Security Act of 1974 (ERISA) is a body of federal laws and regulations that govern the provision and operation of certain employer-sponsored benefit plans. While its structure and requirements...more

Fox Rothschild LLP

Correcting Retirement Plan Overpayments: Relief and Restrictions From SECURE 2.0

Fox Rothschild LLP on

The Consolidated Appropriations Act of 2023, which was signed into law on December 29, 2022, includes numerous provisions impacting retirement savings plans, which are collectively referred to as SECURE 2.0. SECURE 2.0...more

Williams Mullen

[Event] Benefits Forum 2022: Retirement Plans - Risks, Rewards & What's Ahead - September 22nd, Richmond, VA

Williams Mullen on

This hybrid event offers two options for attendance: in-person or webinar. Both options will have an interactive experience and SHRM credit, so choose the method that works best for you. Topics include: > SECURE Act...more

Groom Law Group, Chartered

Guaranteeing a Secure Retirement – A Practical Guide for Selecting DC Plan Lifetime Income Options

When Congress first passed legislation to create “cash or deferred arrangements” – the original term for 401(k) plans – few people could have predicted that, over the course of a single generation, DC plans would come to...more

Foley & Lardner LLP

Hey, Retirement Plan Sponsors: Want a Happy New Year? Use Your 2020 ‘Downtime’ to Do a Retirement Plan ‘Checkup’

Foley & Lardner LLP on

Every year about this time, when the holiday season is just beginning and the new year is around the corner, all good qualified retirement plan sponsors (and plan administrators) ask: “Have we adopted all the IRS-required...more

Holland & Hart LLP

Under the Radar: Employee Benefit Developments in 2020

Holland & Hart LLP on

The story of the year has been the coronavirus. COVID-19 has dominated news headlines, social media, and virtually every aspect of our lives. The virus has likewise dominated legal and tax news. Lawmakers and agencies have...more

Bowditch & Dewey

Are Pooled Employer Plans Right for You?

Bowditch & Dewey on

If you’re a small employer with a 401(k) plan, you might save some money and provide a more professional level of administrative support by joining a Pooled Employer Plan (PEP). Unrelated employers have always been able to...more

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