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IRS Releases 2025 Cost-of-Living Adjusted Limits for Benefit Plans

The Internal Revenue Service recently announced 2025 dollar limits for qualified retirement plans (including 401(k) plans), deferred compensation plans, and health and welfare plans. Adjustments to certain limits are based on...more

IRS Gives Green Light for Employee Choice Between Different Pre-Tax Benefits

Employees increasingly request (and expect) choice in their benefits. The Internal Revenue Service (IRS) recently released Private Letter Ruling 202434006 (PLR), which approved an employer's program allowing employees to...more

San Francisco’s Health Care Security Ordinance – Five Traps for the Unwary

Do you have any San Francisco-based employees? If so, you may be subject to the San Francisco Health Care Security Ordinance ("SFHCSO"), a complex set of rules requiring certain minimum employer contributions toward San...more

How SECURE 2.0 Options Impact Form W-2 and Form 1099-R Reporting

IRS reminds employers that implementing certain optional retirement plan provisions of SECURE 2.0 affect Form W‑2 and Form 1099‑R reporting starting in 2023 - The IRS recently issued Fact Sheet 2024‑18 to highlight how...more

Labor Department Finalizes Investment Advice Fiduciary Rule Under ERISA

For the second time in a decade, the Department of Labor (DOL) attempted to expand the reach (and requirements) of the Employee Retirement Income Security Act of 1974 (ERISA). On April 23, 2024, DOL succeeded and announced...more

New IRS Guidance on Long-Term, Part-Time Employee Retirement Plan Participation

New proposed regulations clarify how employers should implement retirement plan eligibility rules for long-term, part-time ("LTPT") employees. While some questions remain, the proposed regulations provide a number of welcome...more

IRS Releases 2024 Cost-of-Living Adjusted Limits for Benefit Plans

The Internal Revenue Service recently announced 2024 dollar limits for qualified retirement plans (including 401(k) plans), deferred compensation plans, and health and welfare plans. Adjustments to certain limits are based on...more

New Mental Health Parity Guidance Creates More Work, Cost, and Risk for Plan Sponsors

Guidance on the Mental Health Parity and Addiction Equity Act (the "MHPAEA") recently released by the Departments of Health and Human Services, Labor, and Treasury (the "Departments") proposes significant requirements for...more

San Francisco Health Care Security Ordinance – New Expenditure Rates for 2024

The San Francisco Health Care Security Ordinance ("SFHCSO") requires Covered Employers to make certain minimum Health Care Expenditures on a quarterly basis for their Covered Employees. Those employers should take note of the...more

IRS Delays SECURE 2.0 Roth Requirement for Catch-up Contributions Until 2026

On Friday, Aug. 25, 2023, the IRS announced a two-year reprieve for employers on the implementation of SECURE 2.0's requirement that catch-up contributions made by higher-income participants be designated as after-tax Roth...more

Prudent Plan Governance Essential in Defense Against Fiduciary Breach

Although retirement plan excessive fee cases remain an ongoing concern for plan sponsors, the recent jury trial victory for Yale in Vellali, et. al. v. Yale University, et. al. provides hope for plans with strong, prudent...more

San Francisco Health Care Security Ordinance: Form Due May 1

Employers covered by the San Francisco Health Care Security Ordinance ("SFHCSO") must submit their Annual Reporting Form to the San Francisco Office of Labor Standards Enforcement ("OLSE") on or before May 1, 2023. Covered...more

Non-Governmental Section 457(b) Plans Need to be Amended by December 31, 2022

Internal Revenue Code ("Code") Section 457(b) plans are only available to a select group of employers – state and local governments and entities that are exempt from tax pursuant to Code Section 501. Earlier this month, the...more

IRS Releases 2023 Cost-of-Living Adjusted Limits for Benefit Plans

The Internal Revenue Service recently announced 2023 dollar limits for qualified retirement plans (including 401(k) plans), deferred compensation plans, and health, and welfare plans. Adjustments to certain limits are based...more

Post-Dobbs Benefit Options and Considerations

On June 24, 2022, the U.S. Supreme Court issued its decision in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade, thereby holding that the U.S. Constitution does not expressly or implicitly protect...more

Department of Labor Announces Cybersecurity Guidance for ERISA Retirement Plans

The Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor (DOL) recently announced its first cybersecurity guidance for retirement plans subject to the Employee Retirement Income Security Act of...more

Checklist of Employer Considerations for Remote Work Policies

The COVID-19 pandemic and the proliferation of employees working remotely has prompted employers of every size to contend with new questions about laws applicable to their workers in distant locations. Depending on whether...more

Proposed EEOC Regulations Prohibit Offering More Than De Minimis Incentives for Participating in Most Wellness Programs

On January 7, 2021, the Equal Employment Opportunity Commission (EEOC) proposed new rules regarding how employers can provide incentives to employees to participate in wellness programs without violating the law. The key is...more

New COVID-19 Bill Yields Relief for Benefits in 2020 and Beyond

On December 27, 2020, President Trump signed into law an additional COVID-19 relief bill, attached to the Consolidated Appropriations Act of 2021, and intended to provide economic assistance to Americans impacted by COVID-19,...more

IRS Releases 2021 Cost-of-Living Adjusted Limits for Benefit Plans

The Internal Revenue Service has announced 2021 dollar limits that apply to qualified retirement plans, including 401(k) plans, deferred compensation plans, and health and welfare plans. Adjustments to certain limits are...more

Can an Investor Make an Investment in a Startup Through an IRA?

The short answer to this question is yes, but (and there almost always seems to be a "but") doing so could result in taxes and penalties if the investment is deemed a "prohibited transaction."...more

2020 Year-End Consideration: Partial Retirement Plan Terminations Related to Personnel Reductions (Updated)

Update October 14: This blog has been updated to reflect current guidance about fully vested terminated participants. Many employers continue to find themselves in the position of furloughing or terminating significant...more

2020 Year-End Consideration: Partial Retirement Plan Terminations Related to Personnel Reductions

Many employers continue to find themselves in the position of furloughing or terminating significant portions of their workforce due to the ongoing COVID-19 pandemic. As employers make personnel reductions in response to the...more

Recent COBRA Developments Call for Employer Attention

Employers subject to the federal Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) should take action to update their COBRA notices, election forms, and procedures as a result of recent regulatory and litigation...more

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