The Internal Revenue Service released Notice 2020-51 on June 23, 2020, which provides additional Coronavirus related guidance relating to the waiver of 2020 required minimum distributions (RMDs) under certain defined...more
7/11/2020
/ 401k ,
403(b) Plans ,
Benefit Plan Sponsors ,
CARES Act ,
Coronavirus/COVID-19 ,
Highly Compensated Employees ,
Individual Retirement Account (IRA) ,
IRS ,
Popular ,
Required Minimum Distributions ,
Retirement Plan ,
Safe Harbors ,
SECURE Act
A substantial portion of available global investment capital is held under private U.S. pension and other employee benefit plans governed by the Employee Retirement Income Security Act of 1974 (“ERISA”). At the same time, for...more
5/16/2020
/ Corporate Social Responsibility ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
Fiduciary Duty ,
Field Assistance Bulletins ,
Investment Management ,
Political Parties ,
Retirement Plan ,
Trump Administration
Last week, on December 20, 2019, the U.S. Department of the Treasury and Internal Revenue Service (the “IRS”) published a proposed regulation (the “Proposed Regulation”) under Section 162(m) of the Internal Revenue Code of...more
12/30/2019
/ Binding Agreements ,
Contract Modification ,
Covered Employees ,
Executive Compensation ,
Grandfathered Status ,
IRS ,
Performance-Based Compensation ,
Popular ,
Proposed Regulation ,
Publicly-Traded Companies ,
Section 162(m) ,
Securities Exchange Act ,
Tax Cuts and Jobs Act ,
Tax Deductions ,
U.S. Treasury
On December 22, 2017, the tax reform bill, informally known as the Tax Cuts and Jobs Act (the “Act”), was signed by President Trump. As we noted in our prior OnPoint (available here) with respect to earlier versions of the...more
12/27/2017
/ 529 Plans ,
Affordable Care Act ,
Broker Commissions ,
CEOs ,
CFOs ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Executive Compensation ,
Individual Mandate ,
Individual Retirement Account (IRA) ,
IRA Rollovers ,
Moving ,
Pay-for-Performance ,
Publicly-Traded Companies ,
Restricted Stocks ,
Retirement Plan ,
Roth Conversions ,
Sales Commissions ,
Section 162(m) ,
Securities and Exchange Commission (SEC) ,
Student Loans ,
Tax Cuts and Jobs Act ,
Tax Deferral ,
Tax Exempt Entities ,
Tax Reform
The U.S. Department of Labor (the “DOL”) published in the Federal Register on July 6, 2017 a Request for Information (the “RFI”) regarding the final regulation defining who is a “fiduciary” of an employee benefit plan as a...more
7/8/2017
/ Best Interest Contract Exemptions ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Fiduciary Rule ,
Investment Adviser ,
IRS ,
Mutual Funds ,
Presidential Memorandum ,
Prohibited Transactions ,
Public Comment ,
Request For Information ,
Rollbacks ,
Securities and Exchange Commission (SEC) ,
Trump Administration
It has been a long and winding road for the amended fiduciary regulation (the "Regulation") of the U.S. Department of Labor (the "DOL") under the Employee Retirement Income Security Act of 1974 ("ERISA"). The highly...more
5/30/2017
/ Best Interest Contract Exemptions ,
Broker-Dealer ,
Delays ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Enforcement ,
Exemptions ,
Fiduciary Rule ,
Field Assistance Bulletins ,
Final Rules ,
Individual Retirement Account (IRA) ,
Investment Adviser ,
Obama Administration ,
Prohibited Transactions ,
Retirement Plan ,
Secretary of Labor ,
Trump Administration
The U.S. Department of Labor (the “DOL”), on December 29, 2016, issued Interpretive Bulletin 2016-1 (“IB 2016-1”) under the Employee Retirement Income Security Act of 1974 ("ERISA") regarding the duties of fiduciaries under...more
The U.S. Department of Labor (the “DOL”) released its first set of FAQs (the “FAQs”) regarding the DOL’s recently finalized “investment advice” regulation and various related exemptions (collectively, the “Final Rules”) on...more
11/8/2016
/ Best Interest Contract Exemptions ,
Compensation Agreements ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Employee Retirement Income Security Act (ERISA) ,
Exceptions ,
Fiduciary Duty ,
Fiduciary Rule ,
Final Rules ,
Insurance Industry ,
Internal Revenue Code (IRC) ,
Investment Adviser ,
Prohibited Transactions
Item 402(u) of Regulation S-K allows a company to identify its median employee by using annual total compensation or any other compensation measure that is consistently applied (a “CACM”) to all employees included in the...more
11/7/2016
/ C&DIs ,
CEOs ,
Executive Compensation ,
Independent Contractors ,
Median Employee ,
Pay Ratio ,
Rule 144 ,
Rule 701 ,
Sales of Securities ,
Securities ,
Securities and Exchange Commission (SEC)