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Search the News Archive

300 Matching News Items

1.  Eversheds Sutherland Link to more items from this source
Sept. 30, 2025
"If a plan sponsor chooses to apply a deemed Roth catch-up election when the participant's combined Roth and pre-tax contributions reach the Code section 402(g) limit, and the participant affirmatively elects pre-tax catch-up ... the plan sponsor will need to develop a process through which the earlier Roth contributions are taken into account in making any correction with respect to the pre-tax catch-up amounts."
2.  Eversheds Sutherland Link to more items from this source
Aug. 12, 2025
"[1] Direct versus indirect investment ... [2] Digital assets ... [3] Lifetime income ... [4] Adoption of safe harbors and other regulations and guidance ... [5] Coordination among regulators ... [6] ERISA litigation." 
3.  Eversheds Sutherland Link to more items from this source
July 13, 2025
"After having been left out of the initial House bill, the Act includes the long-awaited telehealth extension.... Although employees may want to take advantage of the increase in the DCAP contribution limit, employers should continue to run and monitor DCAP nondiscrimination testing ... Employers that want to offer [Trump Account] contributions to their employees will need a formal plan document and will need to comply with certain nondiscrimination testing rules."
4.  Eversheds Sutherland Link to more items from this source
May 15, 2025
"The OBBB will likely continue to evolve as the bill progresses through the legislative process. [This article provides] a brief overview of some of the most impactful employee benefits items."
5.  Eversheds Sutherland Link to more items from this source
Apr. 29, 2025
"[P]laintiffs will likely test the courts, leveraging the advantages this decision has given them and the inherent inconsistency in applying these 'tools.' Plan sponsors should assess their potential risks and consider mitigation efforts, including strategies they would employ in the event of a claim. For example, plan sponsors could consider paying plan expenses from corporate assets rather than plan assets, which would eliminate the possibility of a section 406(a)(1)(C) prohibited transaction." [Cunningham v. Cornell Univ., No. 23-1007 (S.Ct. Apr. 17, 2025)] 
6.  Eversheds Sutherland Link to more items from this source
Mar. 21, 2025
"Considering ordinary notions of property rights, the court concluded that the foreign tax credits were inalienable and owned by John Hancock as the legal and taxable owner of the shares of the mutual fund. The fact that the foreign tax credits were the result of foreign taxes on the Romanos fund did not make them assets of the fund. This was underscored by the fact that the Romano Law Plan was a tax-exempt plan unable to use the credits." [Romano v. John Hancock Life Ins. Co. (USA), No. 22-12366 (11th Cir. Oct. 30, 2024)]
7.  Eversheds Sutherland Link to more items from this source
Feb. 7, 2025
"In assembling compensation data for potential covered employees, companies should take a broad view of their employee population to correctly identify the next five highest compensated employees under the Proposed Regulations (i.e., companies should consider individuals that are employed through foreign entities, PEOs or other third parties). Companies should also be prepared to conduct the analysis on an annual basis to redetermine the group of five additional employees."
8.  Eversheds Sutherland Link to more items from this source
Jan. 23, 2025
"Plan sponsors that choose not to allow the super catch-up contributions may want to review the language in their plan documents related to catch-up contributions. If the plan document broadly allows catch-up eligible participants to defer the maximum permitted under Internal Revenue Code Section 414(v), the plan document may inadvertently allow super catch-up contributions, even if this is not the plan sponsor's intent."
9.  Eversheds Sutherland Link to more items from this source
Nov. 21, 2024
"Qualified retirement plans: [1] Long-term part-time employees ... [2] Catch-up provisions ... [3] Forfeitures ... [4] Expanding automatic enrollment in retirement plans ... [5] Roth catch-up contributions ... [6] Required minimum distributions ... [7] Annual notices ... [8] Qualified plan amendments ... Health and welfare plans: [1] Gag clause prohibition compliance ... [2] End of telehealth extension ... [3] Mental Health Parity and Addiction Equity Act requirements ... [4] HIPAA privacy reproductive health protections ... [5] Health and welfare plans cybersecurity."
10.  Eversheds Sutherland Link to more items from this source
Sept. 30, 2024
"The final rules mark another push by the Departments to implement and enforce mental health parity laws, and impose new requirements on group health plan sponsors to review and analyze any nonquantitative treatment limitations their plans impose on mental health and substance use disorder (MH/SUD) benefits. The new rules are generally effective for plan years beginning on or after January 1, 2025, but certain provisions that require significant plan sponsor effort will not go into effect until plan years beginning on or after January 1, 2026."
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