Regulatory Enforcement Priorities: IRS/Treasury, DOL, EEOC and PBGC Developments

November 17, 2015 10:50am

What is it about?

IRS

  • The Determination Letter Program: the coming scale-back and its implications
  • Revisions to the Employee Plan Compliance Resolution System
  • The Voluntary Closing Agreement Program (VCAP): Income Tax Relief for Participants

DOL

  • The DOL’s new proposed rules defining fiduciary status, investment advice and the potential implications:
    • The delineation of categories of advice that could be considered fiduciary conduct
    • Carve-outs from the definition of investment advice
    • New and amended prohibited transaction exemptions

EEOC

  • The EEOC’s proposed wellness regulations:
    • The ADA’s exception for voluntary programs that involve disability-related inquiries or medical exams
    • Incentives and rewards under wellness programs
    • Requirements for a wellness program to be considered voluntary

PBGC

  • The PBGC: What’s new for practitioners?
  • 2015 premium rates
  • Benefit restrictions and the present value of the maximum guarantee
  • The effect of HAFTA on Section 4010 filings
  • Information gathering with respect to de-risking activity
  • Standard and Distress Termination Forms and Missing Participants Forms and Instructions