Retirement Plan Distributions Under SECURE 2.0: New Penalty-Free Options, Hardship Distributions, Documentation

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
ERISA
- event Date
Thursday, September 28, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will provide ERISA counsel, plan administrators, and employers guidance on new rules for retirement plans under SECURE Act 2.0. The panel will discuss key provisions of the SECURE Act 2.0, including new distribution options, along with the Act’s impact on other retirement plan requirements, as well as offer methods to ensure compliance for plan sponsors.
Faculty

Mr. Rothman advises publicly traded companies, closely held businesses and nonprofit organizations on all aspects of qualified and nonqualified employee benefit plans, executive compensation plans, health and welfare plans, employment agreements and other related legal and compliance issues. He advises clients on their tax-qualified plans including plan design and adoption, ERISA compliance, day-to-day plan operation, fiduciary compliance, IRS and DOL plan audits and submissions under the Employee Plans Compliance Resolution System, the Voluntary Fiduciary Correction Program, and the Delinquent Filer Voluntary Compliance Program. In addition, Mr. Rothman advises employers on their welfare benefit plan compliance issues. This includes counseling employers on the Affordable Care Act, COBRA, HIPAA, ERISA, and wellness plan design.

Mr. Blachman is a partner in Ice Miller’s Workplace Solutions Group where he helps companies to minimize their financial and legal risk by developing best practices for employee benefits, executive compensation, corporate governance and compliance policy. He advises clients on corporate benefits issues in mergers and acquisitions, including post-acquisition benefit strategies. Mr. Blachman regularly counsels on the design, implementation, and termination of executive incentive compensation programs, compliance with Code Section 409A Rules, and other equity and cash incentive plans. He negotiates employment and separation agreements for senior C-Suite executives and regularly provides fiduciary compliance training for retirement committee members. Mr. Blachman also advises on Affordable Care Act and HIPAA-related matters, such as health coverage portability, health information privacy, data security and ongoing welfare plan compliance. He has extensive experience with IRS and U.S. Department of Labor audits, negotiating settlements and voluntary correction programs.
Description
SECURE 2.0 contains a number of provisions that significantly change qualified retirement plan design and operations. ERISA attorneys, plan administrators, and plan sponsors assess the impact of SECURE 2.0 on their existing tax-qualified retirement plans and consider whether and how to implement the new distribution options for retirement plans, along with other opportunities and challenges stemming from the new law.
SECURE 2.0 undoubtedly presents administrative and compliance challenges. It expands distribution options, including new penalty-free distributions and new options relating to hardship distributions, delays required minimum distributions to ages 73 and 75, and significantly changes how catch-up contributions are made. Plans must be aware of these mandatory and optional changes, including the necessary documentation and requirements for adopting formal plan amendments.
Listen as our panel discusses the key provisions of SECURE 2.0 and its impact on retirement plans and offers best practices for ERISA compliance for plan sponsors and administrators.
Outline
- Overview of SECURE Act 2.0 changes to retirement plans
- Plan administration and compliance challenges
- Plan distribution options, withdrawals, and loans
- Other key items and best practices for plan design and implementation
Benefits
The panel will discuss these and other key issues:
- What should plan sponsors know about SECURE 2.0?
- What are the key changes and unresolved issues of SECURE 2.0?
- What changes are mandatory, and which are optional?
- What are the considerations for implementing optional provisions?
- What are the key considerations, best practices, and next steps for counsel?
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