ArticleDOL Issues Lifetime Income Guidance For Default InvestmentsIn welcome news for plan sponsors and other fiduciaries considering lifetime income solutions for their defined contribution ("DC") plans...United StatesEmployment and HRGroom Law Group, Chartered
ArticleDOL Issues SECURE 2.0 Annual Funding Notice Guidance, Including Updated Model NoticesOn April 3, 2025, the Department of Labor ("DOL") issued Field Assistance Bulletin 2025-02 (the "Bulletin"), which provides guidance related to certain modifications made by the SECURE 2.0 Act of 2022 ("SECURE 2.0")...United StatesEmployment and HRGroom Law Group, Chartered
ArticleDOL Proposes To Rescind Annuity Selection Safe Harbor, Insurance Company General Account Transition Policy Relief, And Other "Obsolete" GuidanceToday, the U.S. Department of Labor ("DOL") published a set of three direct final rules ("DFRs") in the Federal Register.United StatesEmployment and HRGroom Law Group, Chartered
ArticleDOL Reopens Comment Period For Voluntary Fiduciary Correction Program ChangesThe Department of Labor ("DOL") recently announced (88 Fed. Reg. 9408, Feb. 14, 2023) that it will reopen the public comment period on proposed amendments to DOL's...United StatesEmployment and HRGroom Law Group, Chartered
ArticleEastern District Of Pennsylvania Rules In Favor Of ERISA Defendants After Rare Bench TrialLawsuits bringing fiduciary claims under ERISA continue to surge, but trials remain a rarity. Against that backdrop, Nunez et al., v. B. Braun Medical Inc. et al. stands apart. United StatesEmployment and HRGroom Law Group, Chartered
ArticleIRS And PBGC Give Sponsors Until January 4, 2021 To Make Contributions Under The CARES ActThe Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") passed earlier this year delayed the due date of quarterly and final contributions otherwise due in calendar year 2020 to January 1, 2021.United StatesEmployment and HRGroom Law Group, Chartered
ArticleIRS Guidance Provides More Detail On Terminating 403(b) PlansThe Setting Every Community Up for Retirement Enhancement Act of 2019 ("SECURE Act"), directed that guidance be issued providing that a section 403(b)(7) custodial account could make...United StatesEmployment and HRGroom Law Group, Chartered
ArticleIRS Revises FAQs On Educational Assistance ProgramsThe IRS has updated its guidance on educational assistance programs under Code section 127, clarifying key timing requirements for expense reimbursements and student loan payments. These changes address long-standing questions about when employers can provide tax-free educational benefits and how the recent One Big Beautiful Bill Act affects annual contribution limits. United StatesEmployment and HRGroom Law Group, Chartered
ArticleIRS Ruling Allows Employees To Choose Between Health, Retirement, And Student Loan BenefitsOn May 20, 2024, the IRS issued private letter ruling ("PLR") 202434006 (the "2024 PLR") that permits employees to allocate an employer contribution among various benefits outside of a cafeteria plan.United StatesEmployment and HRGroom Law Group, Chartered
ArticleThe 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. United StatesEmployment and HRGroom Law Group, Chartered
ArticleTolling Of Important Health And Welfare And Retirement Plan Deadlines Extended Again Due To COVID-19On 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...United StatesEmployment and HRGroom Law Group, Chartered
ArticleUpdate On Pending Withholding Forms W-4P And W-4REarlier 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. United StatesEmployment and HRGroom Law Group, Chartered
ArticleA Surprise Turn Of Events For The No Surprises Act Dispute Resolution ProcessThe ongoing implementation of the No Surprises Act's ("NSA") prohibition on surprise balance billing, and the related independent dispute resolution ("IDR")...United StatesGovernment, Public SectorGroom Law Group, Chartered
ArticleIRS Chief Counsel Advice Says Wellness Indemnity Payments Are Taxable If No Unreimbursed Medical Expenses Related To The PaymentIn the example discussed in the CCA, an employer provided its employees the ability to enroll in a fixed indemnity health insurance policy intended to supplement the employer's group health coverage.United StatesTaxGroom Law Group, Chartered
ArticleIRS Issues FAQs On The Tax Treatment Of Employer-Provided Work-Life Referral ServicesOn April 16, 2024, the IRS issued Fact Sheet 2024-13, which includes FAQs addressing the tax treatment of employer-provided work-life referral services.United StatesTaxGroom Law Group, Chartered
ArticleIRS Required Minimum Distribution ("RMD") Relief For Beneficiaries For 2021 And 2022The 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"). United StatesTaxGroom Law Group, Chartered
ArticleIRS Announces Intention To Issue Guidance On NFTsOn March 21, 2023, the Department of Treasury ("Treasury") and Internal Revenue Service ("IRS") released Notice 2023-27, which announced that Treasury and the...United StatesTechnologyGroom Law Group, Chartered
ArticleCunningham v. Cornell: Supreme Court Lowers Bar For ERISA 406(a) ClaimsOn April 17, 2025, the Supreme Court ruled in Cunningham v. Cornell University that, to state a claim under ERISA section 406(a), plaintiffs need only allege the elements contained in section 406(a).United StatesEmployment and HRGroom Law Group, Chartered
ArticleHappy Mother’s Day From The Departments!The Departments of Treasury, Labor, and Health and Human Services have proposed new regulations establishing fertility benefits as a distinct category of limited excepted benefits, responding to Executive Order...United StatesEmployment and HRGroom Law Group, Chartered
ArticleSEC Clarifies Registration Issues For PEPsThe SEC Staff has issued guidance clarifying how pooled employer plans (PEPs) should be treated under federal securities registration requirements, particularly addressing a significant barrier that has limited PEP investments in collective investment trusts when self-employed individuals participate.United StatesFinance and BankingGroom Law Group, Chartered