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IRS Expands Self Correction Program in New EPCRS Procedure
The IRS has yet again updated the Employee Plans Compliance Resolution System (EPCRS), this time expanding the use of the Self ...
Apr 30, 20193 min read
What is a VCP?
A VCP is a submission to the IRS through its Voluntary Correction Program offered under the Employee Plans Compliance Resolution System...
Apr 30, 20192 min read
IRS Opens the Door to Determination Letter Applications for Merged and Cash Balance Individually...
IRS Opens the Door to Determination Letter Applications for Merged and Cash Balance Individually Designed Plans Revenue Procedure ...
Apr 30, 20194 min read
Self Directed IRAs: ERISA Issues Related to Non-Traditional Investments
The Initial Formation of a Self-Directed IRA Structure The landmark case of Swanson v. Commissioner, 106 T.C. 76 (1996) confirmed that an...
Mar 31, 20195 min read
Plan Amendment Deadlines and More
There is an old saying that goes: “Hindsight is 20/20,” but in the case of required plan amendments, that is not the case. Specific...
Mar 31, 20194 min read
Plan Termination Determination Letters: Form 5310 Pros and Cons
As of July 1, 2019, employers applying to the IRS for a favorable determination for a terminating plan will have to pay an ...
Feb 28, 20193 min read


A One-Time Offer from the IRS for 403(b) Plans Nears its Expiration Date
Albert Einstein theorized that because time is relative, a space traveler who leaves earth and travels near the speed of light ...
Feb 28, 20195 min read
Self-Directed IRAs: Your Personal Interests ns. Your IRA's Interests
IRA owners who self-direct their IRA’s investments serve in a fiduciary capacity to their IRA and are subject to a variety of...
Jan 31, 20195 min read
Proposed Rules to Expand HRAs Part 3: The Impact of Individual Coverage HRAs on PTC Eligibility (IRC
Proposed Rules to Expand HRAs Part 3: The Impact of Individual Coverage HRAs on PTC Eligibility (IRC Section 36B) and the Employer Shared...
Dec 31, 20186 min read
Unpacking the Settlor - Fiduciary "Two Hat" Principle
The difference between an employer’s “settlor” and “fiduciary” role with respect to its employee benefit plans, the so-called...
Dec 31, 20185 min read
What is a “Prohibited Transaction” under ERISA?
Section 406(a) of the Employee Retirement Income Security Act of 1974 (“ERISA”) broadly prohibits plan fiduciaries from...
Mar 30, 20182 min read
What is a QSLOB?
In addition to being a favorite acronym under the Internal Revenue Code, and there are plenty to choose from, a QSLOB is...
Nov 29, 20172 min read
What is a MEWA?
“MEWA” stands for “multiple employer welfare arrangement.” A MEWA is formed when a health and welfare plan provides benefits to employees...
Oct 31, 20172 min read
10 Questions to Ask Before Signing That New Service Agreement
“Attached is Our Standard Service Agreement...” Sound familiar? If not, it may shortly – it is widely expected that retirement plan...
Oct 31, 20166 min read


Top Hat Plan Basics
Top Hat plans are deferred compensation plans designed to benefit top management. They are exempt from most of ERISA’s...
Oct 21, 20162 min read
R=(CC or ASG)²: The Risk of Relativity
Although the title of this article may be a bit tongue in cheek, the business risks to a law firm (or its clients) of unknowingly being...
Nov 1, 20156 min read
Handling Pension Plans in M&A Transactions After Sun Capital Partners
Submitted on behalf of the Transactional PAC This term, the United States Supreme Court denied certiorari in the case of Sun Capital...
May 31, 20153 min read
DOL Proposes Guide to Help Plan Fiduciaries with 408(b)(2) Disclosures
On March 25, 2014, the Department of Labor issued a proposal to amend its ERISA Section 408(b)(2) regulations by requiring covered...
May 16, 20141 min read
Supreme Court Issues Decision in US Airways v. McCutcheon
In 2013, the U. S. Supreme Court issued an opinion in US Airways, Inc. v. McCutcheon that resolved a conflict among the federal circuit...
Oct 30, 20133 min read


Health Care Reform: Strategic Planning for Employers
This presentation by Alison Fay discusses play or pay mandates, state-based exchanges and eligibility for subsidized coverage. It also ...
Jun 3, 20135 min read
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