ARA Asks IRS for More Time on LTPTE Rule

ARA requests immediate administrative relief in the form of of delay of application and enforcement of LTPTE rules... 

https://www.napa-net.org/news-info/daily-news/american-retirement-association-asks-irs-more-time-ltpte-rule

https://www.napa-net.org/sites/napa-net.org/files/ARA letter_relief re LTPTE Rules_112923.pdf

Even if the Internal Revenue Service publishes the nonenforcement guidance American Retirement Association seeks, that would not preclude a participant, including a should-be participant, from enforcing ERISA § 202(c) and ERISA § 203(b)(4).

Reorganization Plan No. 4 of 1978 transfers to the Treasury department powers to interpret ERISA sections 202 and 203.

But that does not undo a participant’s ERISA § 502(a) civil-enforcement opportunities.

Even if the IRS might not pursue failures of conditions for tax-qualified treatment, plans’ administrators and their advisers should continue their interpretations of what ERISA’s title I commands.