ERISA News

The IRS has issued Revenue Ruling 2022-10, which contains the applicable federal rates (AFR) for June 2022. These rates are used for such purposes as calculating distributions from retirement savings arrangements that meet the requirements for substantially equal periodic payments (a 10 percent early distribution penalty tax exception), also referred to as “72(t) payments.”

The IRS today issued Notice 2022-27, extending guidance released previously under Notice 2020-42 and extended by Notice 2021-03 and Notice 2021-40. The Notice provides additional temporary relief from the physical presence requirements for certain elections that are made by participants and beneficiaries in qualified retirement plans and other tax-favored retirement arrangements.

The IRS has issued a news release announcing the postponement of certain tax-related deadlines for victims of wildfires and straight-line winds in New Mexico. The tax relief postpones various tax filing deadlines that began April 5, 2022.

May 11, 2022 – Senator John Hickenlooper (D-CO) has introduced two retirement bills in the Senate. The Simplifying Small Business Retirement Savings Act, co-sponsored by Senator Susan Collins (R-ME), would require a group of plans filing a single Form 5500 under the SECURE Act to have an individual audit opinion for each plan that would otherwise be subject to an audit requirement. Additionally, the proposal would allow the designation of a fiduciary (other than an employer) to be responsible for collecting contributions to the plan in a pooled employer plan (PEP). The bill also directs the Secretary of Labor to conduct a study on PEPs.

The Incentivizing Small Business Retirement Savings Act would provide a tax credit for employer contributions of up to $1,000 per non-highly compensated employee, with a 2 percent reduction or phaseout of the credit for each employee that exceeds 50 employees. The credit would equal 100 percent in the first tax year and would be reduced by 25 percent each tax year for years 2-4.

May 10, 2022 – Senator Tommy Tuberville (R-AL) has introduced the Financial Freedom Act, legislation aimed at prohibiting the Department of Labor (DOL) from restricting the types of investments that plan participants can choose through participant directed accounts and self-directed brokerage accounts. The bill is in response to regulatory guidance released by the DOL and announced in March.

May 9, 2022 – The SEC has extended the period to comment on its proposed rule regarding climate-related disclosures initially released in March, and published in the federal register on April 11, 2022. The proposal would require publicly traded companies to include certain climate-related disclosures in registration statements and periodic reports such as the annual Form 10-K. Additional details were previously announced in March. The comment deadline was extended from May 20 2022, to June 17, 2022.

May 3, 2022 - The Department of Treasury and Internal Revenue Service have released proposed regulations to update the mortality tables that are used to calculate minimum required contributions for single-employer defined benefit pension plans. The regulations are proposed to be first effective for plan years beginning in 2023.

Comments must be received by June 9, 2022. A public hearing on these proposed regulations has been scheduled for June 28, 2022. The regulations will be reviewed, and additional details provided as warranted.

May 3, 2022 - The IRS has issued Revenue Procedure 2022-24, providing inflation-adjusted amounts for health savings accounts (HSAs) for calendar year 2023. Maximum annual HSA contributions will rise from $3,650 to $3,850 for those with self-only insurance coverage, and from $7,300 to $7,750 for those with family coverage.

Minimum deductible amounts for qualifying high deductible health plans will increase from $1,400 for self-only coverage to $1,500, and from $2,800 to $3,000 for a family plan. Maximum annual out-of-pocket amounts under self-only coverage will rise from $7,050 to $7,500, and from $14,100 to $15,000 for family coverage.

May 3, 2022 - Senators Maggie Hassan (D-NH) and Susan Collins (R-ME) have introduced S. 4103, the Helping Parents Save for College Act. The bill would provide low- and middle-income parents with a tax credit for contributions to 529 education savings accounts by expanding the Saver’s Credit. The credit would be worth up to 50 percent of 529 account contributions, with a maximum credit of $2,000 for low-and-middle income families.

Additionally, the proposal would allow plan beneficiaries to move excess funds from the 529 account to a Roth IRA without penalty, so long as the account was maintained for a 10-year period at the time of the distribution. This would alleviate concerns of adverse tax consequences if funds are not used for college. The amount eligible for rollover to a Roth IRA is limited to the lesser of the annual Roth contribution limit or the aggregate amount contributed to the program before the five-year period ending on the date of the distribution.

Employers of all types have expressed interest in learning more about multiple employer plans (MEPs). But the unified plan rule, sometimes known as the “one bad apple rule,” has discouraged some employers from pursuing MEP participation.