Long-awaited guidance was received from the IRS on Friday related to the SECURE 2.0 requirement that catch-up contributions for high-income participants in 401(k), 403(b), and governmental 457(b) plans be made as Roth contributions. Notice 2023-62 provides for a 2-year administrative
Employee Benefits Blog
The Employee Benefits Blog covers legal and regulatory developments affecting employee benefit plans, including retirement plans, health savings accounts, and flexible spending accounts. It discusses IRS announcements on contribution limits and cost-of-living adjustments, guidance on new distribution types under recent legislation, and updates on fiduciary rules and compliance requirements. The blog also addresses legal challenges impacting benefits regulations and provides practical insights for plan sponsors and administrators on navigating evolving rules and filing obligations. Topics include qualified retirement plans, fiduciary duties, tax implications, and regulatory uncertainty in employee benefits law.
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IRS Proposes Regulations on Using Forfeitures in Qualified Retirement Plans
By Lori Basilico & Aaron Weiss
Introduction
On February 27, 2023, the Department of the Treasury (“Treasury”) and Internal Revenue Service (“IRS”) issued proposed regulations (the “Proposed Regulations”) relating to forfeitures in tax-qualified defined benefit and defined contribution plans. Forfeitures generally arise when a participant terminates…
A Tale of Two Remedies: Preparing Employee Benefits Plans for the Sunset of Covid-19 Relief
On January 30, 2023, the Biden Administration announced that both the COVID-19 National Emergency and the Public Health Emergency (collectively, the “Emergency Declarations”) would end on May 11, 2023, sunsetting nearly three years of extended deadlines and certain mandates related…
Locke Lord QuickStudy: Secure 2.0: Top Changes Affecting Retirement Plans
The Securing a Strong Retirement Act of 2022 (“SECURE 2.0”) was signed into law by President Joseph Biden on December 29, 2022 as part of the Consolidated Appropriations Act of 2023. SECURE 2.0 expands upon the retirement plan provisions contained…
IRS Expands Determination Letter Program to Include Individually-Designed 403(b) Plans
In Revenue Procedure 2022-40, the IRS recently expanded the determination letter program to allow applications by individually-designed 403(b) plans. This expansion will allow 403(b) plan sponsors to request a determination letter that expresses the IRS’ opinion that the plan’s…
SEC Adopts Final Clawback Rules
The SEC adopted long-awaited final rules that require the recovery of erroneously awarded incentive-based compensation of executive officers, as required by the Dodd-Frank Act. Under Rule 10D-1, each exchange must adopt listing standards that will apply to all listed issuers,…
IRS Announces 2023 Retirement Plan Limits – Unprecedented Increases to All Limits
The Internal Revenue Service announced the 2023 cost-of-living adjustments to the dollar limitations for qualified retirement plans and other benefits, and the Social Security Administration announced its own cost-of-living adjustments for 2023. All of the dollar limits, including the elective…
IRS Extends Deadlines for Adopting CARES Act Amendments for Retirement Plans
On September 26, 2022, the Internal Revenue Service issued IRS Notice 2022-45, which extends the deadline for amending retirement plans to reflect certain optional and required changes under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and section…
IRS Notice 2022-23 Extends Retirement Plan Amendment Deadlines
On August 3, 2022, the Internal Revenue Service issued IRS Notice 2022-33, which extends the deadline for amending certain plans with the applicable requirements of the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act), the Bipartisan…
IRS Announces New 90-Day Pre-Examination Compliance Pilot Program for Retirement Plans
In its June 3, 2022 Employee Plans Newsletter, the IRS announced a pilot pre-examination retirement plan compliance program beginning in June 2022. Under the pilot program, the IRS will notify a qualified plan sponsor by letter that its retirement plan…