ERISA News

Industry & Regulatory News
IRS Issues Yield Curves and Segment Rates for DB Plan Calculations

The IRS has issued Notice 2022-25, which contains updated guidance on factors used in certain defined benefit (DB) pension plan minimum funding and present value calculations. Updates include the corporate bond monthly yield curve, the corresponding spot segment rates for May used under Internal Revenue Code Section (IRC Sec.) 417(e)(3), and the 24-month average segment rates under IRC Sec. 

May 20 2022
Industry & Regulatory News
Final Form 5500 Revisions Guidance Issued

The Department of Labor’s Employee Benefits Security Administration (EBSA), IRS, and the Pension Benefit Guaranty Corporation (PBGC) have released final forms revisions to the Form 5500 Annual Return/Report of Employee Benefit Plan and Form 5500-SF Short Form Annual Return/Report of Employee Benefit Plan, and related instructions, that apply to plan year reports beginning on or after January 1, 2022. A proposed rule was issued last September.

May 20 2022
Industry & Regulatory News
Mental Health Matters Act Proposed in House

Representative Mark DeSaulnier (D-CA) has introduced H.R. 7780, the “Mental Health Matters Act,” which strengthens behavioral health benefits in schools and also amends provisions of the Employee Retirement Income Security Act (ERISA).

May 20 2022
Industry & Regulatory News
Proposed: Employee and Retiree Access to Justice Act

Representative Mark DeSaulnier (D-CA) has introduced HR 7740 – the Employee and Retiree Access to Justice Act. The bill proposes to amend ERISA to provide that any mandatory predispute or coerced postdispute arbitration clause, class action waiver, representation waiver, or discretionary clause with respect to a plan is unenforceable. The bill would also amend ERISA to prohibit any such clause or waiver from being included in a plan document or other agreement with participants. A Senate companion bill was introduced by Senator Tina Smith (D-MN).

Representative DeSaulnier is the Chair of the House Subcommittee on Health, Employment, Labor and Pensions. Senator Smith is a member of the Senate Health, Education, Labor and Pensions Committee.

May 18 2022
Industry & Regulatory News
IRS Announces Applicable Federal Rates for June 2022

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.”

May 17 2022
IRS
Industry & Regulatory News
IRS Issues Deadline Relief for New Mexico Victims of Wildfires and Straight-Line Winds

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 13 2022
Industry & Regulatory News
IRS Further Extends Temporary Relief from Physical Presence Requirement for Retirement Plan Consents

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.

May 13 2022
Industry & Regulatory News
Small Business Retirement Proposals Introduced in Senate

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 11 2022
Industry & Regulatory News
Financial Freedom Act Proposed in Senate

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 10 2022
Industry & Regulatory News
SEC Extends Comment Period for ESG Reporting Proposal

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 09 2022