Signed into law on March 27, 2020, the Coronavirus Aid, Relief and Economic Security Act (CARES Act) features one-time stimulus payments to taxpayers, loans and grants to small businesses, and additional funding for health care and unemployment insurance. Two of the largest small business financial relief programs include the Paycheck Protection Program (PPP) and the Economic Injury Disaster Loan (EIDL) Program.  Read More

The COVID-19 outbreak in the U.S. coincided with the timeframe for annual incentive awards for many companies and threw a sizable wrench into the decision-making process on how to structure compensation packages going forward.  As companies navigate ways to incentivize and retain employees in this rapidly changing business environment, below are some key considerations when addressing the impact of COVID-19 on Read More

A unanimous U.S. Supreme Court decision in Intel Corp. Investment Policy Committee v. Sulyma affirmed a Ninth Circuit ruling that a plaintiff must have actual knowledge of a fiduciary breach for ERISA’s three-year limitation period to apply. Under ERISA, claims for breach of fiduciary duty are required to be brought within the shorter of: 6 years after occurrence of the alleged breach; 3 years after a Read More

New proposed regulation by the Centers for Medicare & Medicaid Services (CMS) pose significant financial risk for responsible reporting entities that fail to comply with reporting obligations under Medicare Secondary Payer (MSP) laws.  As proposed, the new rule would impose steep penalties on MSP reporting violations that occur following the new rule’s effective date. Background In general, MSP laws (1) prevent Read More

The SECURE Act became effective on January 1, 2020, and it has dramatically changed the landscape for retirement account estate planning by implementing new rules regarding the inheritance of retirement accounts by a deceased plan participant’s beneficiaries. One of the biggest changes is the elimination of lifetime stretch rules.  Where previously designated beneficiaries were able to calculate the required minimum Read More

In IRS Information Letter 2019-0028, the IRS reiterated that while participants in a Section 125 cafeteria plan may change their pre-tax contribution elections due to the occurrence of certain qualifying events, there is no requirement for plans to make this option available.   Cafeteria plan qualifying events If allowed for in its provisions, a cafeteria plan may permit participants to make a mid-year Read More

The U.S. Tax Court has found that an Iowa corporation’s employee stock ownership plan (ESOP) and employee stock ownership trust (ESOT) do not qualify as retirement plans under federal tax law due to operational and form deficiencies. The case -- Ed Thielking Inc. v. Commissioner of Internal Revenue -- involved an S corporation incorporated on March 10, 2006, with Ed Thielking as sole shareholder.  Ed also served as Read More

The SECURE (Setting Every Community Up for Retirement Enhancement) Act of 2019 provided many incentives for Americans to save for retirement, including greater flexibility in contributions, tax credits for new plans, automatic enrollment capability, and more.  However, these important benefits also come with a potential price to pay: a substantial increase in penalties for failure to file several forms in a timely Read More

Prior to the enactment of the SECURE (Setting Every Community Up for Retirement Enhancement) Act, people invested in qualified retirement plans and IRAs were required to begin taking required minimum distributions (RMDs) from those plans after they turned 70 ½. Under the SECURE Act, the age for beginning RMDs is now 72 for all those who turn 70 ½ after December 31, 2019.  Calculating the amount of those RMDs will Read More

Three provisions in the Setting Every Community Up for Retirement Enhancement Act (the “SECURE Act”) aim to encourage adoption of guaranteed life income products by defined-contribution plans and participants by addressing perceived shortcomings of these products by DC plan sponsors.  These provisions also aspire to increase awareness among participants of the importance of viewing retirement account balances as an Read More