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How to Avoid the Contract Confusion of Gag Clause Compliance
International Foundation of Employee Benefit Plans [IFEBP] 
[Guidance Overview] Dec. 27, 2023 "The requirements of compliance and attestation, read with the assumption that all service providers began to make compliant agreements after December 27, 2020. However, for plan sponsors that review their contracts and find gag clauses or potential gag clauses within, guidance on next steps is very scarce.... Key challenges ... [1] Variety of responses from service providers ... [2] Plan funding arrangements and assistance ... [3] Visibility and attesting with certainty." |
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