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Multiple Employer Plans Under the SECURE Act

Wagner Law Group P.C.

Feb. 27, 2020
Recorded Online

Please join us for the second installment of our webinar series designed to summarize the major provisions of the Setting Every Community Up to for Retirement Enhancement Act of 2019 (the "SECURE Act"), the largest package of retirement tax legislation to be enacted in more than a decade.

This section of the webinar series, featuring Susan Rees, will focus on the SECURE Act provisions that expand access to retirement plans for small and mid-size employers by amending Title I of ERISA and section 413(c) of the Internal Revenue Code to create a new type of multiple employer plan -- unrelated employers may now chose to participate in a single retirement plan administered by a “pooled plan provider.”

Susan will cover the new rules for all MEPs now that the SECURE Act has removed a significant disincentive for participation in retirement MEPs – the existing uncertainty of the MEP’s authority to remove a noncompliant participating employer, the so called “bad apple,” from a MEP. She will also discuss the Act’s provisions calling for significant regulatory coordination between the Department of Labor and the Internal Revenue Service for these new plans and for existing “Association” Retirement MEPs, including allocation of settlor and fiduciary responsibility.

The webinar will offer insight on what to expect from the Agencies in the coming year before the SECURE Act’s effective date of December 31, 2020. It will cover the DOL’s expected rules on the definition of a “pooled provider plan,” and on the administrative and fiduciary responsibilities of both employers and pooled providers, including bonding, annual reporting, and participant disclosures. The anticipated rules on the “pooled plan provider” and on the correction of qualification defects and the spinoff of noncompliant portions of a MEP, as well as the “model” pooled provider plan expected from the IRS will also be covered.

During this webinar, Susan will also review the Agencies’ recent guidance on MEPs, and explore the effect of this existing guidance and the changes made by the SECURE Act on current MEPs. This will include a discussion of the DOL’s final rule defining “Association” Retirement MEPS, and “PEO” Retirement MEPs, and the IRS proposed rule under Code section 413(c), which offers a remedy for MEPS to deal with uncooperative participating employers.

Presenter: Susan Elizabeth Rees, Of Counsel, Wagner Law Group

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