The next item up for bids in our series on the Department of Labor’s new regulations on multiple employer plans is on professional employer organizations, more commonly referred to by their acronym: PEOs. These organizations have an interesting history when it comes to retirement plans.
Topic Archive: News
Just about anyone who has dealt with a 401(k) plan – either as a plan sponsor or a service provider – for any amount of time has had to deal with the issue of participants not timely cashing plan distribution checks. There are all sorts of potential concerns that range from tax implications to fiduciary responsibilities, but neither the IRS nor the DOL have been especially forthcoming with guidance.
Unless you’ve been on vacation somewhere off the grid, you’ve likely heard the news and read the headlines that the Department of Labor recently published new regulations that expand the availability of multiple employer plans. While that is true, what those new rules actually do is to change ERISA’s definition of the term “Employer” so that more types of organizations fit within it, thus allowing them to sponsor MEPs.
When the Department of Labor’s new multiple employer plan regulations take effect later this year, we will have three types of MEPs:
Yesterday morning while we were all sipping our first cup of Monday morning coffee, the Department of Labor published its much-anticipated final regulations expanding the availability of multiple employer plans to associations, PEOs, and self-employed individuals.
One of the drawbacks that is often cited about multiple employer plans is the so-called “one bad apple rule.” It provides that if a single participating employer in a MEP allows its part of the plan to operate in a non-compliant manner, it puts the entire plan and all of the other participating employers at risk. Although there have been numerous proposals in Congress to eliminate the one bad apple rule, none have made it across the finish line.
-A breakdown of breaking news from DWC's Managing Partner, Keith Clark
If you are reading the mainstream press, the SECURE Act being signed into law is just around the corner. While the overwhelming bi-partisan approval in the House of Representatives is an important (and increasingly rare) development, there are still a number of steps that must occur before it becomes law:
The IRS did its part to make Friday, April 19th a really good Friday for those who sponsor qualified retirement plans. After not making many friends when it jacked up the user fees for the Voluntary Correction Program (VCP) a year or so ago, the IRS has responded to industry requests (that DWC representatives helped draft) by now allowing plan sponsors to self-correct a number of more common missteps without the need to submit anything to the IRS at all.
If you followed any news outlets at all on Friday, you probably read or heard headlines like this one from CNN: “Court Blocks Another Trump Attempt to Undermine Obamacare”. While the Washington, D.C. District Court’s decision in State of New York, et. al. v. United States Department of Labor, et. al. does impact health plans, its tentacles reach well into the retirement plan world as well.
All of us here at DWC thrive on the really geeky stuff, and some of the best discussions start with our pontifications about how different topics impact our clients and our industry. We decided to bring the best of those conversations to you, still with a touch of geekiness but also distilled into easily digested, bite-sized pieces.
This is our busiest time of the year as we prepare our Annual ERISA Compliance Reviews for calendar year plans. It is a great time to connect with our clients and their investment advisors to discuss the past year and look forward to what lies ahead. - As originally published in our Q1 2019 newsletter. Didn't get it? Sign up here.