The SECURE 2.0 Act of 2022 (SECURE 2.0) significantly changes the legal and administrative compliance landscape for U.S. retirement plans. Foley & Lardner LLP is authoring a series of articles that take a “deep dive” into key...more
To help employers properly administer their 401(k) plans, in 2022, Foley & Lardner LLP is authoring a series of monthly “401(k) Compliance Check” newsletters. This article discusses the IRS limits on 401(k) plan contributions...more
In last month’s 401(k) Compliance Check #2, we discussed the importance of timely depositing participant contributions in your plan’s trust or custodial account after deferral elections have been made and amounts deducted...more
The IRS updated its Nonqualified Deferred Compensation Audit Techniques Guide (the “2021 Guide”) in June 2021. The 2021 Guide replaces a similar guide that was published in June 2015.
The 2021 Guide does not shed new...more
401(k) Plan Mergers and Updated IRS Determination Letters -
As part of an M&A transaction, your company may assume a new 401(k) plan that is sponsored by the acquired business. This article includes some common questions...more
The form of a corporate transaction sets the stage for the employee benefits and executive compensation (EBEC) strategy – in the scope of due diligence and purchase agreement negotiations and post-closing activity. The charts...more
4/22/2021
/ 401k ,
Bonuses ,
COBRA ,
Compensation & Benefits ,
Employee Benefits ,
Employer Group Health Plans ,
Executive Compensation ,
Flexible Spending Accounts ,
Golden Parachutes ,
IRS ,
Pre-Employment Agreements ,
Retirement Plan ,
Vacation Pay
The year-end budget and COVID relief package signed into law on December 27, 2020 (the “Budget Bill”) includes several changes affecting retirement plans. Most of the changes are temporary in nature, but one change affecting...more
Clients often ask if they are required to vest employees when they terminate employment. The answer is usually no. Although employers may vest an employee’s 401(k) account balance on termination, they are generally not...more
Hundreds of articles have been published about the Setting Every Community Up for Retirement Enhancement, or SECURE, Act, which was signed into law on Dec. 20, 2019, as part of the late budget bill referred to as the Further...more
Hundreds of articles have been published over the last two weeks about the SECURE Act (“Act”), which was signed into law in late December as part of the most recent budget bill. As you are certainly aware by now, the Act...more
1/24/2020
/ 401k ,
403(b) Plans ,
Automatic Enrollment ,
Beneficiaries ,
Benefit Plan Sponsors ,
Compensation & Benefits ,
Defined Contribution Plans ,
Early Retirement Distributions ,
Employee Benefits ,
Individual Retirement Account (IRA) ,
Internal Revenue Code (IRC) ,
New Rules ,
Part-Time Employees ,
Required Minimum Distributions ,
Retirement ,
Retirement Plan ,
Safe Harbors ,
SECURE Act ,
Tax Planning
Impact of Tax Reform on Employer-Provided Retirement, Welfare, and Fringe Benefits -
The recently enacted Tax Cuts and Jobs Acts (the “Tax Reform Act”) made significant changes to the Internal Revenue Code. Although there...more
1/8/2018
/ 401k ,
403(b) Plans ,
Affordable Care Act ,
Employee Benefits ,
Fringe Benefits ,
Hardship Distributions ,
Health and Welfare Plans ,
Individual Mandate ,
Individual Retirement Account (IRA) ,
Retirement Plan ,
Roth IRA ,
Tax Cuts and Jobs Act
Many employers offer compensation packages that include a mix of both base compensation (guaranteed wages or salary) and incentive compensation (at-risk variable compensation). While base pay tends to be relatively...more
When Hurricanes Harvey and Irma made landfall in Texas and Florida, they gave rise not only to widespread property damage, but to a humanitarian disaster as well. The massive storms have left scores dead and thousands...more
9/27/2017
/ 401k ,
403(b) Plans ,
457(b) Plans ,
Benefit Plan Sponsors ,
Charitable Donations ,
Employee Retirement Income Security Act (ERISA) ,
FEMA ,
Hardship Distributions ,
Hurricane Harvey ,
Hurricane Irma ,
Hurricane Maria ,
IRS ,
Leave of Absence ,
Legislative Agendas ,
Loans ,
Popular ,
Qualified Disaster Relief Payments