INSIGHTS

We share expert insights on executive compensation, retirement plans, fiduciary duties, and more.
Stay updated on the latest legal trends and practical advice for employers and executives.


 
Posts in SECURE 2.0
Getting Ahead of the New Roth Catch-up Requirement-Issues to Consider Now

High earners will be required to make all catch-up contributions on a Roth basis beginning in 2026. Implementing the new requirement will require applying special rules that don’t apply for any other purpose and will require plan sponsors to coordinate with their recordkeepers and payroll providers. This can’t be done at the last minute.

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In Defense of the 401(k) Plan

Critics have called the 401(k) plan a “failed experiment” and maintain that it does not provide retirement security to low and middle income employees. Does the 401(k) plan really deserve a failing grade? Recent developments suggest otherwise.

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Mandatory Auto-Enrollment is Coming for Some Plans-What to Know

Most new plans will be required to have auto-enrollment and auto-escalation beginning in 2025. The “grab bag” guidance in Notice 2024-02 addresses how this requirement will be applied to mergers and spinoffs, but leaves other basic questions unanswered.

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New Guidance Fills in the Blanks for Roth Employer Contributions

Clarification of the rules for electing Roth employer contributions should spur more plan sponsors and vendors to consider allowing them.

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IRS Notice 2023-43 Continues the Expansion of EPCRS

SECURE 2.0 expands the ability of plan sponsors to self-correct inadvertent plan errors without making a formal IRS filing. In Notice 2023-43, the IRS provides guidance to follow until a revised revenue procedure can be issued.

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Special Rules for Special Plans-How SECURE 2.0 Impacts 403(b) Plans, MEPs and ESOPs

SECURE 2.0’s general changes apply to 403(b) plans, MEPs and ESOPs. However, there are also specific provisions targeted at these specialized plans and intended to solve their unique problems.

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