PLANADVISER Weekend Newsdash
Week ending January 11th, 2019

Happy Friday, readers! Regular readers of our newsletters will already know that 2019 is off to a busy start in terms of retirement plan litigation, regulation and legislation. An important decision has been handed down in a 403(b) lawsuit targeting a big-ticket U.S. university; the IRS has published a new revenue procedure; the PBGC has updated its table of penalties and fines; and more. Read the stories below to get caught up on the latest developments in Washington and the federal courts.

Editor's choice
Georgetown University 403(b) Plan Defeats ERISA Challenge
In a colorfully worded opinion, the district court judge chides plaintiffs for failing to acknowledge basic facts about the way annuities work and their well-established role in 403(b) plans. Read more >
‘Other Circumstances’ Added As Allowable Reason for Applying for Determination Letter
A new Revenue Procedure makes a change to Revenue Procedure 2018–4 Section 8.02 to add new section 3, “Other Circumstances,” to provide a new category for which determination letters can be requested. Read more >
PBGC Updates Penalties for Failure to Provide Information
New maximum civil penalties for failure to provide certain notices or other material information and for failure to provide certain multiemployer plan notices have been announced. Read more >
New House Ways & Means Chair Introduces Multiemployer Pension Bill
Representative Richard Neal has introduced a bill with bipartisan backers that would take several steps towards solving the union multiemployer pension funding crisis. Read more >
Puerto Rico Treasury Updates 2019 Contribution/Benefit Limits
The Puerto Rico Internal Revenue Code of 2011 requires that, before the beginning of each taxable year, the PR Treasury provide notice of the applicable limits under Section 401(a) of the U.S. Internal Revenue Code of 1986, which are incorporated by reference into the Puerto Rico Code limits. Read more >
2018 Delivered Key Decisions in ERISA Cases
ERISA lawsuits very often lead to settlements or dismissals, but 2018 brought a series of important and potentially precedent-setting decisions in both district and appellate courts. Read more >
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2023 Retirement Plan Adviser of the Year Finalists

Award recipients will be recognized at the PLANADVISER Industry Leader Awards in New York City.

A Reminder to Avoid Fraudulent Hardship Withdrawals

An individual in Ohio was recently indicted by a grand jury on charges that he fraudulently claimed the assets he withdrew from his retirement account would be used to purchase a primary residence and to pay medical expenses.

Senators Propose Repealing Social Security Cuts to Public Pensioners

The Social Security Fairness Act would repeal two provisions that reduce payments to many retirees collecting public pensions.

Small Businesses and SECURE 2.0: Exemptions and Tax Credits

SECURE 2.0 offers tax credits to create plans, as well as to join existing PEPs and MEPs.

With SECURE 2.0, the Cash Balance DB Plan May Be Back

Experts at a DB Summit discussed the resurgence of cash balance plans and the advantages of variable benefit plans tied to the markets.

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