Tag Archives: Regs and guidance

Regulatory roundup

More retirement-related regulatory news for plan sponsors, including links to detailed information.

Guidance for remedial amendment period for 403(b) plan
The Internal Revenue Service (IRS) issued Revenue Procedure 2017-18 providing the last day of the remedial amendment period for § 403(b) plans, for purposes of section 21 of Rev. Proc. 2013-22, 2013-18 I.R.B. 985.

According to the guidance, the last day of the remedial amendment period described in section 2 of this revenue procedure and in section 21 of Rev. Proc. 2013-22 is March 31, 2020. A plan that does not satisfy the requirements of § 403(b) in form on any day during the remedial amendment period (that is, the period beginning on the later of January 1, 2010, or the plan’s effective date, and ending on March 31, 2020) will be considered to have satisfied those requirements if, on or before March 31, 2020, all provisions of the plan that are necessary to satisfy § 403(b) have been adopted and made effective in form and operation from the beginning of the remedial amendment period.

To read the revenue procedure, click here.

Final Rule to adjust for inflation civil monetary penalties
The Department of Labor (DoL) published a final rule to adjust for inflation the civil monetary penalties assessed or enforced in its regulations, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act).

The Inflation Adjustment Act requires the DoL to annually adjust its civil money penalty levels for inflation no later than January 15 of each year. The Inflation Adjustment Act provides that agencies shall adjust civil monetary penalties notwithstanding Section 553 of the Administrative Procedure Act (APA). Additionally, the Inflation Adjustment Act provides a cost-of-living formula for adjustment of the civil penalties. Accordingly, this final rule sets forth the DoL’s 2017 annual adjustments for inflation to its civil monetary penalties, effective January 13, 2017.

To read the final rule, click here.

Summary and audit indicators: 403(b) Universal Availability Requirement
The IRS has updated its webpage 403(b) Universal Availability Requirement. A common error occurs when employees, working less than full-time, are automatically excluded from making elective deferrals under the 403(b) plan. A plan that wants to apply the statutory exclusion for part-time employment must determine eligibility for the 403(b) elective deferrals based on whether the employee is reasonably expected to normally work less than 20 hours per week and has actually never worked more than 1,000 hours in the applicable 12-month period.

To visit the webpage, click here.

Regulatory roundup

More retirement-related regulatory news for plan sponsors, including links to detailed information.

IRS updates 2017 revenue procedures
In an Internal Revenue Bulletin, the Internal Revenue Service (IRS) published various revenue procedures, revised for 2017, for issuing letters, rulings, determination letters, and technical advice on specific issues related to employee benefits.

To read the bulletin, click here.

PBGC posts 2017 premium filing instructions
The Comprehensive Premium Filing Instructions for 2017 Plan Years has been approved by Office of Management and Budget (OMB) and is now available on the website of the Pension Benefit Guaranty Corporation (PBGC).

To read the filing instructions, click here.

PBGC issues RFI for approving certain alternative methods for computing withdrawal liability
The PBGC is requesting information from the public on issues arising from arrangements between employers and multiemployer plans involving an alternative “two-pool” withdrawal liability method.

PBGC seeks information from the general public and all interested stakeholders, including multiemployer plan participants and beneficiaries, organizations serving or representing retirees and other such individuals, multiemployer plan sponsors and professional advisors, and contributing employers, unions, and other interested parties, about these arrangements, including the various forms they may take, the terms and conditions that apply to new and existing contributing employers who enter into such arrangements, and the benefits and risks these arrangements may present to multiemployer plans and their participants, employers, the multiemployer pension insurance program, and other stakeholders in the multiemployer system.

For more information, click here.

FAQ update on preapproved plan adopting employers
The IRS has updated a series of frequently asked questions (FAQ) providing guidance to employers adopting preapproved retirement plans.

To learn more, click here.


Regulatory roundup

More retirement-related regulatory news for plan sponsors, including links to detailed information.

Proposed rule on mortality tables for determining present value under DB plans
The Internal Revenue Service (IRS) issued proposed regulations prescribing mortality tables to be used by most defined benefit (DB) pension plans. The tables specify the probability of survival year-by-year for an individual based on age, gender, and other factors. This information is used (together with other actuarial assumptions) to calculate the present value of a stream of expected future benefit payments for purposes of determining the minimum funding requirements for the plan.

These mortality tables are also relevant to determining the minimum required amount of a lump-sum distribution from such a plan.

To read the entire proposed rule, click here.

Updates to determination letter instructions for DB plans with risk transfer language
The IRS updated its posting regarding determination letter instructions for DB plans with risk transfer language.

To read the updated information, click here.

Regulatory roundup

More retirement-related regulatory news for plan sponsors, including links to detailed information.

IRS issues 2016 required amendments list for qualified retirement plans
The Internal Revenue Service (IRS) released Notice 2016-80, providing the 2016 required amendments (RA) list for qualified retirement plans. The notice provides that December 31, 2018, is the last day of the remedial amendment period “with respect to a disqualifying provision arising as a result of a change in qualification requirements that appears on this 2016 RA List.” It also is the plan amendment deadline for a disqualifying provision arising as a result of a change in qualification requirements that appears on the 2016 RA List.

To read Notice 2016-80, click here.

Regulatory roundup

More retirement-related regulatory news for plan sponsors, including links to detailed information.

BLS article explores defined contribution retirement plans
A new article from the Bureau of Labor Statistics (BLS) takes a look at five types of employer-sponsored defined contribution retirement plans in private industry. The Beyond the Numbers article shows the overall employee participation rates, employee participation rates by type of plan, and overall employer costs and worker participation costs for all types of plans. All defined contribution plans described in this article have some form of employer cost. Plans are categorized by type on the basis of Internal Revenue Code requirements and variations in contribution methods. The data are from the BLS National Compensation Survey (NCS) and are presented by selected worker and establishment characteristics and geographic areas.

To read the entire article, click here.

CBO releases options for reducing the deficit, 2017 to 2026
The Congressional Budget Office (CBO) released “Options for reducing the deficit: 2017 to 2026,” presenting 115 options that would decrease federal spending or increase federal revenues over the next decade. The options included in this volume come from various sources. Some are based on proposed legislation or on the budget proposals of various administrations; others come from Congressional offices or from entities in the federal government or in the private sector. The options cover many areas—ranging from defense to energy, Social Security, and provisions of the tax code.

To download the report, click here.

GASB issues guidance on certain asset retirement obligations
The Governmental Accounting Standards Board (GASB) issued guidance for state and local governments addressing liabilities known as “asset retirement obligations.” An asset retirement obligation (ARO) is a legally enforceable liability associated with the retirement of a tangible capital asset. GASB Statement No. 83, Certain Asset Retirement Obligations, establishes guidance for determining the timing and pattern of recognition for liabilities and corresponding deferred outflows of resources related to AROs.

Existing laws and regulations require state and local governments to take specific actions to retire certain capital assets, such as the decommissioning of nuclear reactors and the dismantling and removal of sewage treatment plants. Other obligations to retire certain capital assets may arise from contracts or court judgments.

To read the entire GASB statement, click here.

Federal court blocks implementation of DoL’s overtime rule

A federal district court has blocked implementation of the Department of Labor (DoL) overtime pay regulation that was set to take effect on December 1, 2016 (Nevada v. U.S. Department of Labor [U.S.D.C., E.D. Tex., No. 4:16-cv-00731, motion granted 11/22/2016]). In granting the nationwide preliminary injunction, the court agreed with the 21 states and a coalition of business groups in the consolidated suit that the DoL exceeded its authority by issuing a rule that increased the salary level for an exemption from the Fair Labor Standards Act’s overtime pay requirements for most white-collar employees. (See Client Action Bulletin 16-2 for a discussion of the DoL’s final rule and its implications for benefit programs.)

The DoL might appeal the decision, but unless the appeal to overturn the injunction is expedited and successful, the agency cannot implement the final rule starting on December 1. In addition, the new Administration and/or the 115th Congress that convenes in January will have an opportunity to modify or nullify the rule.

Employers that have not altered their overtime pay policies and considered the “job duties” test for the final rule’s overtime pay exemption need not do so before December 1, but they should monitor developments as the suit progresses through the courts. Those that have taken action, including employee benefit plan sponsors with programs that have been affected (e.g., a retirement plan that changed its definition of compensation to include overtime pay), should discuss the implications of the court’s ruling—and appropriate courses of action, including those involving communications with affected employees—with their legal counsel and other professional advisors. Employers should also discuss their decisions with their third-party payroll administrators.

For additional information about the court’s decision on the DoL’s rule, please contact your Milliman consultant.