EBIA Weekly Archives - 401(k)

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Results (861 articles found)


  1. IRS Permits Governmental Plans One-Time Option to File as Cycle E Filers
    From the November 13, 2008 EBIA Weekly
    The IRS has announced a one-time modification of the staggered remedial amendment program that will permit sponsors of governmental plans to postpone their first determination letter filing until Cycle E. Currently, Revenue Procedure 2007-44 requires governmental plans to ...
    [IRS Newsletter "Employee Plans News" (Special Edition, Nov. 5, 2008)]
  2. When our reservist-employees are called to active duty, can they request distributions from our 401(k) plan?
    From the November 13, 2008 EBIA Weekly
    QUESTION: We understand that there are special rules permitting reservists to request distributions from their 401(k) plans when they are called to active duty. Can you explain these rules and tell us whether our 401(k) plan is required ...
  3. Plan Can Offset Loan Balance Despite Violation of DOL Limit on Use of Plan Benefits to Secure Loans
    From the October 30, 2008 EBIA Weekly
    In this case, a highly compensated employee took loans from both his employer’s pension and profit-sharing plans. One of the loans was secured by 75% of the employee’s benefit in the pension plan despite a ...
    [Reilly v. Charles M. Brewer, Ltd. Profit Sharing Plan and Trust, 2008 WL 4298571 (9th Cir. 2008)]
  4. ERISA Does Not Require Claimants to Exhaust All Issues Before Filing Suit
    From the October 30, 2008 EBIA Weekly
    The health plan in this case refused to pay the medical expenses of a claimant who was legally intoxicated at the time he was injured in a motorcycle accident. Although the claimant submitted a letter stating several “procedural” ...
    [Vaught v. Scottsdale Healthcare Corp. Health Plan, 2008 WL 4380616 (9th Cir. 2008)]
  5. IRS Implements Enrolled Retirement Plan Agent (ERPA) Program
    From the October 30, 2008 EBIA Weekly
    An enrolled retirement plan agent (ERPA) is a new classification of individual recognized to practice before the IRS under Circular 230. Practice as an ERPA is limited to representing taxpayers before the IRS on matters involving (1) the Employee Plans ...
    [IRS Newsletter "Employee Plans News" (Fall 2008)]
  6. DOL Updates Guidance on Economically Targeted Investments, Exercise of Shareholder Rights
    From the October 23, 2008 EBIA Weekly
    The DOL has issued interpretive bulletins that update its guidelines on economically targeted investments and the exercise of shareholder rights. Under the updated guidelines, plan fiduciaries may not consider any factor other than the economic interest of the plan when ...
    [Interpretive Bulletin 08-1 (DOL Reg. Sec. 2509.08-1), 73 Fed. Reg. 61734 (Oct. 17, 2008); Interpretive Bulletin 08-2 (DOL Reg. Sec. 2509.08-2), 73 Fed. Reg. 61731 (Oct. 17, 2008)]
  7. ERISA Section 107 Does Not Require Retention of Old Pension Plan Documents
    From the October 16, 2008 EBIA Weekly
    This case caught our eye because of the ERISA recordkeeping issue it addresses: namely, whether ERISA Section 107 requires a plan to retain copies of old plan documents. The case involved a former employee who had several long-past periods ...
    [Roarty v. AFA Protective Sys., 2008 WL 4455588 (E.D.N.Y. 2008)]
  8. DOL Adds Online Payment Option to DFVC Program Penalty Calculator
    From the October 16, 2008 EBIA Weekly
    The DOL’s Delinquent Filer Voluntary Compliance Program (DFVC Program) provides reduced penalties for plan administrators that have failed to timely file annual reports (Form 5500s) required by ERISA. Under the DFVC Program, plan administrators that comply with the ...
    [Delinquent Filer Voluntary Compliance Program Penalty Calculator and Online Payment]
  9. IRS Announces 2009 Cost-of-Living Increases in Dollar Limits and Thresholds for Retirement Plans
    From the October 16, 2008 EBIA Weekly
    The IRS has announced the 2009 cost-of-living increases applicable to the dollar limits and thresholds for retirement plans. Most of the dollar limits will increase for 2009. Here are the 2009 limits and thresholds most relevant to 401(...
    [IRS News Release IR-2008-118 (Oct. 16, 2008)]
  10. New Veterans' Benefits Law Amends USERRA to Expedite Enforcement and Address Statute of Limitations Issue
    From the October 16, 2008 EBIA Weekly
    On October 10, 2008, President Bush signed into law the Veterans’ Benefits Improvement Act of 2008, which includes provisions to improve compensation and pension, housing, labor and education, and insurance benefits for veterans. Among the Act’s changes, ...
    [Veterans' Benefits Improvement Act of 2008, Pub. L. No. 110-389 (Oct. 10, 2008)]

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