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New 403(b) Plan Determination Letter Program

Continuing a recent trend to more closely align 403(b) plans with tax-qualified 401(k) plans, the Internal Revenue Service (“IRS”) recently issued Revenue Procedure 2022-40 (November 7, 2022) to create a limited determination...more

IRS Required Minimum Distribution (“RMD”) Relief for Beneficiaries for 2021 and 2022

The IRS provided welcome relief from Code section 401(a)(9) RMD compliance for 2021 and 2022 for post-death distributions to beneficiaries under IRAs and defined contribution plans. IRS Notice 2022-53 (“Notice”). In short –...more

Deference Declined: Fiduciary Status for Rollovers Not a Given and New Developments in Uses of Plan-Related Data Under ERISA

A September 27, 2022 decision by the Southern District of New York addresses several key theories recently advanced by the plaintiffs’ bar in ERISA-based lawsuits against plan service providers. In Carfora v. TIAA, S.D.N.Y....more

DOL Cybersecurity Investigations: The Trap Door to Endless Document Requests?

Parties involved in a Department of Labor (“DOL”) Employee Benefits Security Administration (“EBSA”) investigation often ask a simple question: how much information am I obligated to provide the DOL in response to an...more

Division of Fiduciary Duties Proves Key to Success in Stock Drop Lawsuit

On August 1, 2022, the United States Court of Appeals for the Seventh Circuit affirmed the lower court’s dismissal of a “stock drop” lawsuit against Boeing. The Seventh Circuit based its conclusion on the fact that an...more

IRS Provides Three-Year Extension for SECURE Act Amendments and Additional Limited Relief

IRS Notice 2022-33 provides extensions to the amendment deadlines for certain provisions of the Setting Every Community Up for Retirement Enhancement Act of 2019 (“SECURE Act”), the Bipartisan American Miners Act of 2019...more

IRS Provides Guidance for Late Pre-Approved Plan Restatements

As employers using a pre-approved plan document are aware, a plan restatement must be adopted by the end of the two-year window following the 6-year remedial amendment period cycle. With the Cycle 3 deadline for defined...more

IRS Updates LRMs for 403(b) Plans

The IRS recently issued an updated Listing of Required Modifications and Information Package (known as the “LRMs”) for 403(b) plans. These LRMs contain quite a few changes, from simple clarifications and explanatory notes,...more

Proposed “One-Bad-Apple” Rules – IRS Takes Another Cut

On March 25, the IRS issued a set of proposed regulations under Internal Revenue (“Code”) section 413(c) and 413(e) addressing multiple employer plans, or “MEPs,” and pooled employer plans, or “PEPs.” 87 Fed. Reg. 17225. We...more

DOL Proposes to Significantly Tighten Prohibited Transaction Exemption Procedures

Over the decades since the enactment of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), many plan sponsors, service providers, and industry groups have applied for, and been granted, prohibited...more

IRS Suspends IRA Opinion Letter Program (Just Temporarily)

The IRS recently announced (in Announcement 2022-6) that effective as of March 14, 2022, and until further notice, the IRS will not accept applications — IRS Forms 5306 and 5306-A — for IRA opinion letters. This includes...more

DOL Threatens to Investigate Fiduciaries Over Cryptocurrency in 401(k)s

One day after President Biden’s Executive Order on Ensuring Responsible Development of Digital Assets, the Department of Labor’s Employee Benefits Security Administration (“DOL”) issued Compliance Assistance Release No....more

IRS Revamps Minimum Required Distribution Rules

At long last, the Internal Revenue Service issued proposed regulations under Code section 401(a)(9) that take into account the major changes made by the Setting Every Community Up for Retirement Enhancement Act of 2019...more

Tolling of Important Health and Welfare and Retirement Plan Deadlines Extended Again Due To COVID-19

On February 18, 2022, President Biden again formally extended the COVID-19 National Emergency, which was set to expire on March 1, 2022. As explained in detail in our previous alerts, this most recent extension means that...more

Individual and Pre-Approved 403(b) Plan Documents – Evaluating What to Do in 2022

Background - Back in 2013, the IRS opened its first 6-year cycle of reviewing and issuing opinion letters on 403(b) pre-approved documents. Most of the approval letters for that first set of plans were issued to the...more

The Supreme Court’s Northwestern Decision – A Win for Plaintiffs but a Possible Turn In the Tide?

On January 24, 2022, in a unanimous decision, the Supreme Court in Hughes v. Northwestern reinstated the long-running case against Northwestern University by sending the case back to the lower courts for further review. ...more

Update on Pending Withholding Forms W-4P and W-4R (UPDATED)

Update (January 4, 2022) The updated 2022 Forms W-4P and W-4R have been released...more

Church Plan Litigation – Out of the ERISA Woods Into the State Law Forest

If you thought that church plan litigation was effectively over after the Supreme Court’s decision upholding the traditional interpretation of the ERISA church plan definition in its 2017 decision in Advocate Health Care...more

DOL Issues Supplemental Guidance on DC Plan Private Equity Investments

On December 21, 2021, the Department of Labor (“DOL”) issued a statement concerning the investment in private equity by ERISA-covered defined contribution plans (the “Statement,” available here). The Statement is intended to...more

Update on Pending Withholding Forms W-4P and W-4R

Earlier this year, the IRS released draft versions of 2022 Forms W-4P and W-4R for pension and IRA withholding on payments, to be used beginning on or after January 1, 2022. In short, the draft forms split the existing W-4P...more

2021 Retirement Plan Year-End Amendments and Operational Compliance

As we approach the end of 2021, it’s again time for sponsors of 401(a) and 403(b) plans to review their plan documents and plan operations to ensure compliance with increasingly complex qualification requirements. While...more

2022 Round Up of Benefit and Contribution Limits

The IRS recently announced (Notice 2021-61, Nov. 4, 2021) that many of the key pension limits will increase next year – some significantly due to higher inflation. The Social Security Administration and PBGC also recently...more

IRS Announces Opening of the Second 403(b) Pre-Approved Plan Cycle

Background on the 403(b) Pre-Approved Plan Program - In 2013, the IRS began accepting prototype and volume submitter 403(b) plans (now referred to collectively as “pre-approved” plans) in the first-ever 403(b) remedial...more

IRS Makes Helpful Changes to EPCRS and Modifies Anonymous Submission Process

On July 16, 2021, IRS issued a new version of the Employee Plans Compliance Resolution System (“EPCRS”), set forth in Revenue Procedure 2021-30. The new EPCRS provides qualified plan sponsors with the opportunity to correct...more

DOL Information Letter Regarding Production of Recording of Call Between Plan Representative and Claimant

The Department of Labor (“DOL”) recently issued an information letter, DOL Information Letter 06-14-2021 (the “Letter”), addressing the question of whether the ERISA claim regulation requires production of an audio recording...more

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