As reported in previous posts, on April 23, 2024, the Federal Trade Commission (FTC) issued a final rule that generally prohibits covenants not to compete (Rule). The rule was set to become effective September 4, 2024. See FTC’s Non-Compete Rule Affecting Executive Compensation Challenged in Courts. The Rule was immediately challenged in courts. On
IRS Announces 2024 Plan Limitations
On November 1, 2023, the IRS announced the inflation adjusted benefit plan limitations effective in 2024 in Notice 2023-75. The good news is the amount that can be electively deferred into a 401(k) or 403(b) plan increases from the current $22,500 to $23,000. However, the age 50 catch-up contribution remains the same as in 2023
The Western Benefits Conference is Back!
I am pleased to announce I will be attending the Western Benefits Conference at the Westin Kierland in Scottsdale, AZ in October. After a few years without having a conference due to the pandemic, the Western Pension & Benefits Council is bringing back the WBC. With its excellent program and top notch speakers this in-person
Inflation Adjusted Plan Limits Reiterate Advantages of Employer Plan Over CalSAVERS; Supremes May Accept Preemption Challenge
The IRS announced the inflation adjusted qualified plan and IRA contribution limits for 2022 in Notice 2021-61 on November 4, 2021. The new numbers include significant increases. However, importantly the limit on contributions to IRAs remain the same at $6,000, with an additional $1,000 if 50 or older. On the other hand, the limit for
Ways & Means Committee Says You Must Save For Retirement, But Not Too Much
My last blog article discussed how the $3.5 trillion budget proposal contains a provision requiring employers with 5 or more employees to offer a payroll deduction IRA program or salary reduction 401(k) plan to employees and automatically deduct 6% of their pay and contribute it to such plan or face penalties, effective January 1, 2023.
Could CalSavers Go National? Federal Mandated Payroll Deduction Plan Proposal Included In 3.5 Trillion Budget Proposal
In May the United States Court of Appeals for the Ninth Circuit ruled that California’s automatic enrollment IRA program known as CalSavers was not preempted by the federal law, ERISA. See, Ninth Circuit Holds CalSavers Is Not Preempted By ERISA. . . 6/30 Deadline Approaching. CalSavers mandates that California employers of a certain size must
It’s Going To Be A PEPPY New Year!
Happy Holidays! You may have a pep in your step with the news that the FDA has approved the Pfizer vaccine to combat COVID-19. This is certainly a reason for optimism. However, 2021 promises to be quite PEPPY for another reason. Pooled Employer Plans (or PEPs) can begin operating in 2021. PEPs are Multiple Employer
CARES Act Signed by President: Permits COVID-19 Withdrawals and Loans From Plans
On March 27, the House of Representatives passed, and within hours President Trump signed, the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a 2 trillion dollar stimulus and relief statute with several measures to help individuals and businesses cope with the economic issues resulting from the COVID-19 Pandemic. The Senate had passed the bill
Supremes: You Can’t Hurry Love Or Constitutionality of ACA
In the 1960’s, the Supremes sang, “You can’t hurry love.” Apparently, the U.S. Supreme Court now feels the same way about the constitutionality of the Affordable Care Act (ACA), also known as Obamacare. On January 21, 2020, the High Court decided not to hurry the decision of whether to hear a case appealing a decision
One More ERISA Supreme Court Case But Also One Less
The United States Supreme Court is busy with potential ERISA cases. Having already accepted three ERISA cases for the current term (See, Supreme Court to Decide 3 Cases on Ability to Sue Under ERISA), on January 10, 2020, the high court agreed to hear a case involving preemption.
Rutledge v. Pharmaceutical Care Management