EBIA Weekly Archives - 401(k)

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Results (854 articles found)


  1. What procedures should our plan follow when it is required to make a distribution and the participant or beneficiary cannot be found?
    From the March 18, 2010 EBIA Weekly
    QUESTION: From time to time, our 401(k) plan has to make minimum distributions under Code Section 401(a)(9) to participants who have no valid address on file. Our plan also experiences problems locating beneficiaries when a participant dies. ...
  2. DOL Issues New Proposed Regulations on Investment Advice, Without Class Exemption
    From the March 04, 2010 EBIA Weekly
    The DOL has proposed regulations intended to implement the statutory prohibited transaction exemption for “eligible investment advice arrangements” added by the Pension Protection Act of 2006 (PPA). Under the statutory exemption, certain transactions associated with providing investment advice ...
    [Investment Advice—Participants and Beneficiaries, Prop. Treas. Reg. Secs. 2550.408g-1 and -2, 75 Fed. Reg. 9360 (Mar. 2, 2010]
  3. DOL Releases Statistics on ERISA Benefit Plan Enforcement, Including COBRA Subsidy Statistics, for Fiscal Year 2009
    From the March 04, 2010 EBIA Weekly
    The DOL’s Employee Benefits Security Administration (EBSA), the agency that enforces Title I of ERISA, has released a Fact Sheet reflecting its fiscal year (FY) 2009 enforcement statistics. According to the Fact Sheet, the DOL’s total ...
    [DOL Fact Sheet (Feb. 25, 2010)]
  4. DOL Posts Six EFAST2 User Guides Providing Assistance for Form 5500 Electronic Filers
    From the February 11, 2010 EBIA Weekly
    DOL has posted on its website six EFAST2 user guides to assist with electronically filing Form 5500 for 2009 and later plan years. Final DOL regulations, originally issued in 2007, require all Form 5500s for plan years beginning on or ...
    [EFAST2 Guide for Filers and Service Providers; EFAST2 Tutorial; EFAST2 IFile User Guide; EFAST2 Filing Search Guide; Most Common EFAST2 Filing Errors; EFAST2 2009 & 2010 Third Party Software Test Plan & Certification Procedures]
  5. What is considered an "appeal" under the DOL claims regulations?
    From the February 04, 2010 EBIA Weekly
    QUESTION: What is considered an “appeal” of a benefit denial under the DOL claims regulations? Does it have to be in a specific format, or will any question about a denied benefit constitute an appeal and trigger the ...
  6. Administrative Law Judge Upholds Assessment of $86,500 in Penalties for Plan's Failure to File Complete Form 5500
    From the January 28, 2010 EBIA Weekly
    This DOL administrative law judge decision involves a 401(k) plan that was assessed an $86,500 penalty after it failed to include an acceptable accountant’s report with its Form 5500 for the 2004 plan year. After repeatedly ...
    [U.S. Dep't of Labor v. Airport Hospitality, Ltd., 2007-RIS-00048 (ALJ 2009)]
  7. IRS Issues Question-and-Answer Guidance Addressing Heart Act Changes
    From the January 21, 2010 EBIA Weekly
    The Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART Act) made a variety of changes to the Code to enhance 401(k) and other benefits for military personnel in qualified military service (see our Checkpoint Newsstand article). The ...
    [IRS Notice 2010-15 (Jan. 20, 2010)]
  8. Can we ask employees to come to the human resources office to pick up their SPDs?
    From the January 21, 2010 EBIA Weekly
    QUESTION: We have employees who become eligible for benefits during the course of their employment. Can we just put a stack of SPDs in the human resources office and ask employees to come pick one up instead of furnishing the ...
  9. DOL to Propose Expansion of Fiduciary Regulation to Cover Pension Consultants and Other Investment-Related Advisors
    From the January 14, 2010 EBIA Weekly
    The DOL has announced its intent to revise the regulation that determines when a plan investment advisor is considered a plan fiduciary and becomes subject to ERISA’s fiduciary duty rules. Currently, advisors who give investment-related advice but ...
    [DOL Fact Sheet "Definition of Fiduciary Regulation (Investment Advice)" (Jan. 2010)]
  10. Updated IRS Procedures for Issuing Letter Rulings, Determination Letters, and Other Employee Plan Guidance
    From the January 14, 2010 EBIA Weekly
    Internal Revenue Bulletin 2010-1 contains the annual update and restatement of eight IRS revenue procedures that govern letter rulings, determination letters, and other IRS guidance, including guidance about employee plans. Each revenue procedure supersedes its 2009 counterpart. Many of ...
    [Rev. Procs. 2010-1 through 2010-8, 2010-1 I.R.B. 1 (Jan. 4, 2010)]

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