EBIA Weekly Newsletter

DOL Proposes to Delay Fiduciary Rule and Related Exemptions to June 9; Requests Comments on Delay and Possible Rule Changes

   March 2, 2017

Definition of the Term “Fiduciary”; Conflict of Interest Rule – Retirement Investment Advice; Best Interest Contract Exemption (Prohibited Transaction Exemption 2016-01); and others; 82 Fed. Reg. 12319 (Mar. 2, 2017); DOL News Release 17-0293-NAT (Mar. 1, 2017) Proposed Regulation News Release The DOL has released a proposed regulation that would delay … Read More

IRS Issues 2016–2017 Operational Compliance List for Qualified Retirement Plans

   March 2, 2017

Available at https://www.irs.gov/retirement-plans/operational-compliance-list In Revenue Procedure 2016-37, the IRS set forth new remedial amendment and determination letter submission rules to replace the staggered five-year remedial amendment cycles for individually designed retirement plans, including individually designed 401(k) plans (see our Checkpoint article). The new rules, effective January 1, 2017, … Read More

Is Our Self-Insured Health Plan Subject to the Section 1557 Nondiscrimination Rules?

   March 2, 2017

QUESTION: The claims administrator for our company’s self-insured health plan is also an insurer that sells policies through the Exchanges. Does this make our company or our group health plan subject to the “Section 1557” nondiscrimination in programs and activities rules? ANSWER: As explained below, an employer sponsoring a self-insured health plan is not subject … Read More