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Course Details

This CLE webinar will provide employee benefits counsel, plan sponsors, and administrators an in-depth analysis of the new rules for retirement plan corrections under the SECURE 2.0 Act of 2022 (SECURE 2.0). The panel will also discuss primary areas of focus of IRS and DOL examinations and audits and how to identify and correct critical retirement plan compliance issues.

Faculty

Description

ERISA counsel and advisers must understand IRS and DOL enforcement and audit procedures and identify audit risks and options to remedy noncompliance through available self-correction and other programs.

SECURE 2.0 makes fundamental changes to the IRS correction program for retirement plans, including significantly expanding the self-correction program and imposing new restrictions on the recovery of overpayments. IRS Notice 2023-43 clarifies the scope of the expanded self-correction program of the Employee Plans Compliance Resolution System (EPCRS) under SECURE 2.0.

Listen as our panel of experts discusses current IRS and DOL focus areas, new and expanded IRS self-correction rules, new overpayment correction rules, and critical retirement plan compliance issues and available correction methods.

Outline

I. IRS and DOL key areas of focus

A. Missing participants

B. Late contributions

C. Cybersecurity

II. SECURE 2.0 expansion of IRS self-correction

A. Notice 2023-43

B. Automatic contribution arrangements

III. SECURE 2.0 overpayment recovery rules

A. Revisions to IRS overpayment correction rules

B. Participant protections

IV. Recognizing and self-correcting common plan operational failures

A. Improperly applying the plan's definition of compensation

B. Employee missed deferral opportunities

C. Hardship and loan provision failures

D. Other operational failures

V. Other programs for correcting compliance issues

A. IRS Voluntary Correction Program

B. DOL Voluntary Fiduciary Correction Program

Benefits

The panel will review these and other key issues:

  • Expansion of IRS self-correction programs and Notice 2023-43
  • Overpayment recovery and correction rules under SECURE 2.0
  • Identifying current areas of IRS and DOL focus
  • Recognizing plan qualification features
  • Other programs for correcting noncompliance for retirement plans and plan sponsors