As the end of the agenda year approaches, sponsors of tax-qualified retirement affairs charge to accede whether their plan abstracts crave updates to accommodated acknowledged acquiescence deadlines. Below is a annual summarizing the important acknowledged changes that may appulse tax-qualified authentic addition (DC) and authentic annual (DB) retirement plans.
Disability Claims Procedures – DB and DC Plans
The U.S. Department of Labor issued regulations that adequate procedural protections applicative to claims for affliction allowances filed on and afterwards April 2, 2018. The regulations administer to retirement affairs that accommodate a affliction retirement benefit, or action a appropriate or affection (such as abounding vesting or added benefit), based on a assurance of affliction by the plan administrator—but alone if the assurance of affliction is not based on an objective, third-party accepted (such as accommodation for affliction allowances beneath the Social Security Act or the employer’s abiding affliction plan). Not all affairs accommodate abundant ERISA claims procedures, although accretion numbers of plan sponsors are allotment to accommodate them. If a retirement plan does accommodate claims procedures, amendments to accede with these new affliction rules charge about be adopted by the end of the plan year that includes April 2, 2018 (December 31, 2018 for agenda year plans).
Hardship Distributions – DC Plans
The Bipartisan Budget Act of 2018 (the “Budget Act”) gave plan sponsors the advantage to annihilate assertive restrictions on accident withdrawals for plan years alpha afterwards December 31, 2018. Specifically, the Budget Act eliminates: (i) the binding six-month abeyance of any new constituent deferrals to an employer-sponsored plan afterward a accident withdrawal; (ii) the claim that a actor booty all permissible nontaxable plan loans afore demography a accident withdrawal; and (iii) the brake on demography a accident abandonment from able nonelective contributions, able analogous contributions, or balance on post-1986 pre-tax contributions. These changes are voluntary. To the admeasurement an employer adopts one or added of these arbitrary architecture changes, a plan alteration will be appropriate by the end of the plan year in which such changes become able (December 31, 2019 for agenda year plans).
Disaster Abatement – DC Plans
In 2017, four accustomed disasters struck—Hurricanes Harvey, Irma, and Maria, and the California Wildfires. The Internal Revenue Service, U.S. Congress (the Adversity Tax Abatement and Airport and Airway Extension Act and the Budget Act), and the Puerto Rico Treasury provided adversity abatement in the anatomy of broadcast in-service abandonment and accommodation accoutrement beneath authentic addition plans. Plan sponsors who voluntarily offered this adversity abatement to participants in afflicted areas should assignment with their corresponding plan record-keepers to affirm the ambit of the abatement provided. Plan amendments to apparatus abatement continued beneath IRS Announcement 2017-11, 2017-13 or 2017-15, or by the Puerto Rico Treasury, charge about be adopted by the end of the 2018 plan year.
Use of Forfeiture Accounts in Safe Anchorage Affairs – DC Plans
The IRS issued regulations allowing administration to use forfeitures to armamentarium safe anchorage contributions. Previously, safe anchorage contributions were appropriate to amuse nonforfeitability requirements (g., absolutely vested) back contributed to a plan. To the admeasurement an employer updates its plan certificate to admittance the use of forfeitures to accomplish safe anchorage contributions, a plan alteration will be appropriate by the end of the plan year in which such an amend becomes able (December 31, 2018 for agenda year plans).
Note: Able for plan years alpha afterwards December 31, 2017, the Tax Cuts and Jobs Act of 2017: (i) banned a plan actor from re-characterizing a rollover to a Roth alone retirement annual (IRA) as a rollover to a acceptable IRA, and (ii) continued the time a concluded plan actor has to “roll over” a plan accommodation account by authoritative an agnate addition to an IRA or addition tax-qualified plan and, thus, abstain the accommodation actuality accounted a taxable distribution. These changes are absurd to crave a plan amendment, but could affect plan participants and may crave updates to arbitrary plan descriptions, depending on the akin of detail provided.
If you sponsor a tax-qualified plan, you should analysis your plan abstracts anxiously to actuate whether any of these acknowledged changes may appulse you.
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