Category: Employment Law
IRS Expands Self-Correction of Plan Qualification Errors
May 14, 2019 | Barna, Guzy & Steffen, Ltd.In 2018, the IRS modified its program for correction of plan qualification failures to significantly increase the fees for getting approval of corrections under the Voluntary Compliance Program (“VCP”). Since that occurred, the IRS has issued expanded permissible self-correction methods under Revenue Procedure 2019-19. This new Procedure provides many new ways in which a plan sponsor may act independently to fix errors to retain the plan’s tax qualification, without IRS filings, user fees, or other involvement. The new procedure permits plans to self-correct failures in two categories that previously required VCP filings: problems with participant loans and plan amendments. 1. In regards to loan failures, the new procedure permits self-correction of loan failures if the failure relates to • A default on loan payments (if the five-year maximum repayment period has not expired); • Allowing participants to have multiple loans even though not permitted under the plan or loan procedure; • Providing a loan when the plan does not permit (which was allowed under the old procedure, and continues under the new); or • The failure to obtain spousal consent (assuming that the spouse is now willing to provide that consent—if not, VCP is required to repair this failure). A loan failure correction of the above can either result in participant avoiding being…
Read MoreSignificant Changes to Retirement Plans Proposed
April 3, 2019 | Barna, Guzy & Steffen, Ltd.As of April 2, 2019, there are two bills rapidly moving through Congress with bipartisan support. The Setting Every Community Up for Retirement Enhancement Act of 2019 (“SECURE”) passed the House and the Senate has proposed the Retirement Enhancement Security Act of 2019 (“RESA”). The bills are very similar and because there is bipartisan support it is likely that something will be passed soon. Some of the proposed changes are as follows: 1. Encourage employees to participate in automatic contributions in 401(k) plans and require employers to provide estimates of how much an employee’s account would provide employees if it were invested in an annuity. 2. Make it easier for small employers to join other employers in multiple-employer plans. 3. Easing nondiscrimination rules for frozen defined benefit plans. 4. Adding a safe harbor for selecting lifetime income providers in defined contribution plans. 5. Increase the automatic enrollment safe harbor cap from 10{a0c01d20c42349884e67ff80c137866b0a9fe47aaae8f8a86a605a369ae487c3} to 15{a0c01d20c42349884e67ff80c137866b0a9fe47aaae8f8a86a605a369ae487c3}. 6. Require employers to allow long time, part time employees to participate in their 401(k) plans. 7. SECURE would change the required minimum distribution age that distributions must begin from age 70 ½ to 72 years old. RESA does not include this provision.
Read MoreFMLA Boot Camp
March 18, 2019 | Tyler W. EubankThe Basics The Family Medical Leave Act, or FMLA, allows employees to take 12–26 months of unpaid leave for their own or a family member’s medical reasons. The FMLA generally applies to employers who have 50 or more employees. An employee covered by the FMLA must have been employed for at least a year and has worked at least 1,250 hours during preceding 12-month period. Intermittent FMLA and Reduced Leave Schedules Taking FMLA for a medical procedure or illness is one matter, it is another when that illness comes and goes unexpectedly. This is where intermittent FMLA and reduced leave schedules come into play. Intermittent FMLA allows employees to take FMLA in periodic blocks of time. For example, a pregnant mother may take days off in order to attend prenatal doctor appointments. Likewise, a migraine sufferer may use intermittent FMLA for migraine flare-ups. A reduced leave schedule allows an employee to reduce the number of hours the employee works in a day or a week. This is generally allowed for an employee recovering from an illness who is not yet able to work their full schedule. Certification The preceding likely has you begging the questions: What illnesses are covered and how do I know that the illnesses are real? The FMLA only applies…
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