PSCA finds steady increase in 401k automatic features

Plans with an automatic enrollment feature nearly doubled over the past decade, according to the Plan Sponsor Council of America’s (PSCA) 60th Annual Survey of Profit Sharing and 401(k) Plans. PSCA, part of the American Retirement Association, found 59.7 percent of plans had an automatic enrollment feature in 2016 compared to 35.6 percent in 2007. […]

Here’s the status of DOL’s upcoming regulatory agenda plans

The Office of Information and Regulatory Affairs has the U.S. Department of Labor’s upcoming unified regulatory agenda on the Internet. The agenda demonstrates the Administration’s ongoing commitment to fundamental regulatory reform and a reorientation toward reducing unnecessary regulatory burdens on the American people. Defining and delimiting the exemptions for executive, administrative, professional, outside sales and […]

Pension & Benefits NetNews – May 15, 2018

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Industry groups urge Senate to reject new mental health parity penalties

Seven industry groups, including the American Benefits Council, the H.R. Policy Association, the ERISA Industry Committee, and the U.S. Chamber of Commerce, have written a letter to the members of the Senate Health, Education, Labor and Pensions Committee urging them to reject proposals to create a new civil monetary penalty pursuant to the mental health […]

DOL is submitting EBSA-sponsored information collection request on furnishing plan documents to DOL on request

The Department of Labor is submitting an Employee Benefits Security Administration (EBSA) sponsored information collection request titled “Furnishing Documents to the Secretary of Labor on Request Under Employee Retirement Income Security Act Section 104(a)(6)” to the Office of Management and Budget (OMB) for review and approval for continued use, without change. The OMB will consider […]

IRS issues guidance on amounts exempt from levy

The IRS has issued guidance on figuring the amounts that are exempt from levy. The guidance was issued because the amounts are determined using exemptions rather that dependents due to the Tax Cuts and Jobs Act of 2018 (P.L. 115-97). The notice is reproduced in this Report Letter on pages 10—11. (IRS Notice 1439, Figuring […]

Little Sisters of the Poor had significantly protectable interest, intervention allowed

The Third Circuit U. S. Court of Appeals has ruled that the Little Sisters of the Poor Saints Peter and Paul Home (Little Sisters) demonstrated sufficient interest in federal litigation involving portions of the religious exemption interim final rule (IFR) to warrant their intervention in defense of the IFR. The Commonwealth of Pennsylvania’s civil action […]

PBGC issues revised standard/distress termination and missing participant forms and instructions

The Pension Benefit Guaranty Corporation (PBGC) has posted on its website revised forms and instructions for standard terminations, distress terminations, and missing participants, noting that the Office of Management and Budget (OMB) has approved the minor revisions. The PBGC explains that key changes include a new option for submitting these filings by email and the […]

Kentucky issues new withholding tables

In response to recent legislation (see Payroll Management Guide Report Letter 1517/2553, dated April 24, 2018), Kentucky has issued new wage-bracket and formula withholding tables. Kentucky enacted a new 5% flat tax rate. Due to the change, a flat rate withholding formula has been developed. In the new formula, exemptions are not taken into account, […]

Employee fired for violating terms of optional short-term disability program can proceed with FMLA claims

An employee who was terminated for failing to comply with the requirements of an optional disability program in which he did not want to participate could proceed with his FMLA interference and retaliation claims, a federal district court in Tennessee ruled. The court denied his former employer’s summary judgment motion, finding evidence that it never […]