On February 13, 2024, the Employee Benefits Security Administration (EBSA), the DOL agency responsible for enforcement of ERISA, reported monetary recoveries totaling over $1.434 billion in its report on enforcement activities for fiscal year (FY) 2023. EBSA oversees approximately 2.8 million health plans, 619,000 other welfare benefit plans, and 765,000 private pension plans.

On January 24, 2024, the DOL finalized rules to amend the individual application procedure for prohibited transaction exemptions under ERISA and the Code. The final rules (termed the “Final Amendments”) follow the proposed rules published on March 15, 2022, but reflect certain changes in response to public comments received.

On January 17, 2024, the DOL released guidance regarding pension-linked emergency savings accounts (PLESAs) as part of the implementation of the SECURE 2.0 Act. The guidance, which is in the form of 20 frequently asked questions (FAQs), provides general compliance information. The FAQs were developed in consultation with the IRS and follow a recent IRS notice concerning PLESA anti-abuse rules. (Please see our January 17, 2024, Compliance Corner article.)

On January 18, 2024, the DOL released proposed regulations on automatic portability transactions for retirement plans when employees change jobs. This proposed change could make it easier for employees to keep track of existing retirement plan accounts with a benefit valued at $7,000 or less upon job termination. Currently, the rules allow those account balances to automatically roll over into a Safe Harbor IRA if the employee does not take certain actions upon job termination.

On January 12, 2021, the DOL released three documents addressing their policy on missing participants. The first two pieces – “Compliance Assistance Release No. 2021-01” and “Missing Participants – Best Practices for Pension Plans” – identify the steps that defined benefit plan sponsors should take when they are unable to find certain vested participants or beneficiaries. The third piece – “Field Assistance Bulletin No. 2021-01” – outlines the DOL’s temporary enforcement policy regarding the participation of terminated defined contribution plans in the Pension Benefit...

On January 12, 2024, the IRS released Notice 2024-22, which provides preliminary guidance to assist plan sponsors with implementing Pension-Linked Emergency Savings Accounts (PLESAs). Specifically, the notice addresses anti-abuse measures to discourage potential manipulation of the PLESA matching contribution rules.

On December 20, 2023, the IRS released Notice 2024-2, which provides guidance in the form of questions and answers regarding certain mandatory and discretionary SECURE 2.0 Act provisions. The notice is not intended to provide comprehensive guidance but to address specific implementation issues. Notice 2024-2 focuses on twelve SECURE 2.0 Act provisions that either are effective or will be soon. As explained further below, the notice provides clarity with respect to several important SECURE 2.0 provisions (referenced by section number), including mandatory automatic enrollment...

On November 17, 2023, the DOL, IRS and Pension Benefit Guaranty Corporation released the 2023 Form 5500 series, including Form 5500, Form 5500-SF, Form 5500-EZ, Schedules, and Instructions.

On November 21, 2023, the IRS released Revenue Procedure (Rev. Proc.) 2023-37, which combines, conforms, clarifies, and updates rules for qualified pre-approved plans and Section 403(b) pre-approved plans previously set forth in prior revenue procedures.

On November 27, 2023, the IRS issued Long-Term, Part-Time Employee Rules for Cash or Deferred Arrangements Under Section 401(k). As a reminder, the Setting Every Community Up for Retirement Enhancement (SECURE) Act required employers to deem part-time employees eligible for the 401(k) plan once they had completed three consecutive 12-month periods with 500 hours of service or more.