Category: Legislation
The 2023 DOL Audit Quality Study: Slight Improvements, but Audit Quality is Still Concerning
March 07, 2024
The Office of the Chief Accountant (OCA) in the Employee Benefit Security Administration (EBSA) of the Department of Labor (DOL) has released a 2023 Audit Quality Study covering the quality of audits being performed by independent qualified public accountants (IQPAs). This is the fourth study to be performed with prior studies being performed in 2015, … Continued
Section 101 of the SECURE Act Adds “PEP” to the Retirement Plan Industry
December 07, 2023
Much like a good cup of coffee in the morning gets me going out the door, ready for retirement plan audits, Congress added some “PEP” to the retirement plan industry. But will the “PEP” end up being decaffeinated? Only time will tell. The SECURE Act For good or bad, changes to the retirement plan industry … Continued
SECURE 2.0 Removes the RMD requirement for Roth 401(k) Accounts
November 28, 2023
The Setting Every Community Up for Retirement Enhancement (SECURE) Act, signed into law in December 2019, brought about significant changes to retirement planning in the United States. Among its many provisions, one notable alteration has positively impacted Roth 401(k) accounts – the elimination of Required Minimum Distributions (RMDs). Understanding Roth 401(k)s Roth 401(k) accounts combine … Continued
What are the Reporting Requirements for a Pooled Employer Plan?
November 14, 2023
In our previous blog post, Pooled Employer Plans (PEPs): The Basics, we outlined the basics of a PEP and will not dig into the details of the financial reporting requirements for these plans. The administrator of a PEP must file an annual Form 5500, Annual Returns/Reports of Employee Benefit Plan, to which the PEP administrator … Continued
Pooled Employer Plans (PEPs): The Basics
October 31, 2023
PEPs were established in section 101 of the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act), which amended ERISA and the IRC, to allow unrelated employers to join a defined contribution retirement plan maintained by a pooled plan provider (PPP) acting as the plan’s administrator and named fiduciary. A PEP, as … Continued
Statement on Auditing Standards (SAS) 136
July 20, 2023
Statement on Auditing Standards (SAS) 136 addresses the auditor’s responsibility to form an opinion on the financial statements of employee benefit plans (EBPs) subject to the Employee Retirement Income Security Act of 1974 (ERISA). It also addresses the form and content of the auditor’s report issued as a result of a full scope or an … Continued
SECURE 2.0 Turned Overpayment Errors into Lucky Mistakes
June 28, 2023
In the past, innocent participants paid the price for their employers’ mistakes In our previous blog Give it BACK!!!”…”No!”…”OK, Keep It!, we described how the previous law required retirement plan fiduciaries to take reasonable action to recover any overpayment of plan benefits, even when the overpayment is generally the employer’s fault. Reasonable action meant an … Continued
Required Minimum Distribution Errors: Did you take too much, too little, or Just Enough?
June 20, 2023
Not Enough RMD Participants must take an Required Minimum Distribution (RMD) from retirement plans and IRAs. 403(b) plans often have more than one account in the name of each participant. While each 401(k) plan must issue its own RMDs, an individual can take one RMD distribution for the entire amount computed using the balances in … Continued
Will the Long-Term Part-Time Rules Eliminate the Permitted Exclusions for 403(b) Plans?
June 06, 2023
In its quest to Set Every Community Up for Retirement Enhancement, SECURE 2.0 enhanced the Long-Term Part-Time (LTPT) rules of Secure 1.0 by making them applicable to 403(b) plans. Since employees are more likely to contribute to an employer-sponsored retirement arrangement than an Individual Retirement Account, and more Americans are working part-time since the pandemic, … Continued
Changes to Hardship Withdrawal Administration from the SECURE 2.0 Act
May 22, 2023
Plan sponsors of retirement plans with hardship withdrawal provisions have come to realize that complying with hardship rules is sometimes a hardship. One of the most common questions we receive from clients involves the administration of the hardship withdrawal provisions. Changes from the SECURE 2.0 Act Luckily, the SECURE 2.0 Act in Section 312 has … Continued