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Missing Retirement Plan Participants? The DOL Says You Should Follow These Best Practices

In response to ongoing pleas for guidance, the Department of Labor (DOL) has published an informal outline expressing its views on how retirement plan administrators should be addressing missing or unresponsive participants....more

How to Provide Employees $26,250 in Nontaxable Student Loan Repayment Assistance

The Taxpayer Certainty and Disaster Tax Relief Act, recently passed as part of the “Consolidated Appropriations Act, 2021,” has significantly extended the tax exclusions for employer-paid student loan repayment assistance...more

Retirement Plan Provisions in the New COVID-19 Relief Acts

The recently enacted COVID-19 Related Tax Relief Act of 2020 and the Taxpayer Certainty and Disaster Tax Relief Act of 2020, both of which are part of the “Consolidated Appropriations Act, 2021,” includes the following...more

New Temporary Special Rules for Flexible Spending Accounts

The president has signed into law the Taxpayer Certainty and Disaster Tax Relief Act of 2020, which includes several temporary special rules aimed at minimizing forfeitures and increasing the utility of health and dependent...more

Rule Providing Relief for Grandfathered Health Plans Finalized

The Departments of Labor (DOL) and Health and Human Services (HHS) and the Treasury have finalized a rule for grandfathered group health plans under the Affordable Care Act (ACA) without making any substantive changes from...more

The “Pecuniary” Rule: A Roadmap for Navigating the DOL’s Final Rule on Financial Factors in Selecting Plan Investments

The Department of Labor (DOL) has issued a final rule to revise its existing rule regarding financial factors in selecting plan investments. We discussed the proposed rule in an earlier article, and this article provides a...more

Leasing Healthcare Employees? Don’t Overlook The Benefits Traps, Part III

As noted in Part I and Part II of this series, benefits compliance concerns typically take a backseat to the many good reasons for healthcare organizations to provide or receive the services of leased employees. However, with...more

Leasing Healthcare Employees? Don’t Overlook the Benefits Traps, Part II

As discussed in Part I of this series, there are clear business reasons for healthcare organizations to enter into employee leasing arrangements, including to receive ongoing services, to bridge transitions in mergers and...more

Leasing Healthcare Employees? Don’t Overlook the Benefits Traps, Part I

Employee leasing arrangements among healthcare organizations are exceedingly common and can be very useful to minimize administrative costs, simplify benefits and payroll administration, and leverage one organization’s...more

President Issues Executive Order to Defer Social Security Taxes

President Trump issued an executive order on August 8, 2020, providing for the deferral of the employee's portion of Social Security taxes for certain employees for the period beginning September 1, 2020, through December...more

New Proposed Relief for Grandfathered Group Health Plans

The Departments of Labor (DOL), Health and Human Services (HHS), and Treasury have issued a proposed rule for grandfathered group health plans under the Affordable Care Act (ACA). The proposed rule provides greater...more

DOL Proposes Exemption for Providing Investment Advice to Participants

The Department of Labor (DOL) has issued a notice of a proposed class exemption from certain prohibited transaction restrictions under the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code (IRC)...more

IRS Answers Questions and Offers Relief for Required Minimum Distribution Changes

The Internal Revenue Service (IRS) has issued Notice 2020-51 to provide defined contribution retirement plans with guidance relating to the waiver of 2020 required minimum distributions (RMDs) permitted under the Coronavirus...more

Tennessee Department of Revenue Provides Additional Details on the $200 Million Tennessee Business Relief Program

The Tennessee Department of Revenue has published additional frequently asked questions regarding the Tennessee Business Relief Program under which $200 million in federal coronavirus relief funds will be distributed to...more

IRS Issues Helpful Guidance for Retirement Plans Under the CARES Act

The Internal Revenue Service (IRS) recently issued Notice 2020-50 to provide retirement plans with guidance under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The extensive guidance provides helpful...more

How to Provide Employees Up to $5,250 in Nontaxable Student Loan Repayment Assistance This Year

Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, employers can now make nontaxable payments of up to $5,250 to employees as student loan repayment assistance, but only if the payments are made by December...more

Tennessee Department of Revenue to Distribute $200 Million in Federal Coronavirus-Relief Funds: Does Your Business Qualify?

On June 2, 2020, Tennessee Gov. Bill Lee directed the Tennessee Department of Revenue to distribute $200 million in federal coronavirus relief funds to businesses impacted by mandatory closures under the “Tennessee Business...more

IRS Increases Flexibility in Elections and Access to Funds for Cafeteria Plans

On May 12, 2020, the Internal Revenue Service (IRS) issued two notices permitting employers to offer new opportunities for employees to change their salary reduction elections under a cafeteria plan and avoid forfeitures of...more

DOL Announces Significant Deadline Extensions and Other Disaster Relief for Employee Benefit Plans

The Department of Labor (DOL), joined and coordinated in part by the Department of Treasury, Internal Revenue Service, and Department of Health and Human Services, has released several documents providing deadline extensions...more

Highlights of Employee Benefits Provisions in the CARES Act

The President recently signed into law the Coronavirus Aid, Relief, and Economic Security Act or “CARES Act.” The CARES Act is primarily a stimulus package that addresses the current coronavirus crisis, and it includes...more

Coronavirus and Health Plans: Changes to Cost Sharing for COVID-19 Testing and Treatment - Employee Benefits Alert

The nation’s lawmakers, government agencies, and insurance carriers are taking measures to remove financial barriers to testing and treatment for the novel coronavirus disease (COVID-19). Employers sponsoring health plans...more

House Passes SECURE Act - Employee Benefits Alert

Earlier this week, the House of Representatives passed a budget bill, HR 1158, and a related bill, HR 1865, to enact the "Setting Every Community Up for Retirement Enhancement Act," referred to as the “SECURE Act.” The SECURE...more

IRS Finalizes Revised Hardship Regulations - Employee Benefits Alert

The Internal Revenue Service (IRS) has finalized revisions to the regulations governing hardship distributions under 401(k) and 403(b) plans. The final regulations make some subtle but important changes to the regulations...more

You Misunderstood the Valuation: Court Rejects ESOP Fiduciary Breach Suit - Employee Benefits Alert

A federal trial court has dismissed a lawsuit brought by a participant in an employee stock ownership plan (ESOP) claiming that fiduciaries of the ESOP caused it to overpay for stock of the company in a leveraged transaction....more

New Fixer Upper Options for Retirement Plans: IRS Expands the EPCRS Self-Correction Program - Employee Benefits Alert

In Revenue Procedure 2019-19, the Internal Revenue Service (IRS) significantly expanded the availability of the Self-Correction Program (SCP) that plan sponsors may use to self-correct failures in their qualified retirement...more

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