Correcting Retirement Plan Compliance Issues Under SECURE 2.0

Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
ERISA
- event Date
Tuesday, August 19, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
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

Mr. Covert joined Laner Muchin in 2008 as an associate and has been a partner at the firm since 2014. He concentrates his practice on employee benefit plan compliance and offers practical advice to provide beneficial outcomes for his clients. Mr. Covert represents a number of Taft-Hartley, multi-employer plans, plan fiduciaries, contributing employers and employer associations in various matters including plan design and compliance, audits, fiduciary responsibility and corporate governance. His experience with a myriad of benefit issues equips him to offer his clients practical solutions in this ever-changing, complex area of the law. Mr. Covert also counsels single employers in various industries as to compliance with various federal laws, especially ERISA and the Affordable Care Act. He also regularly guides clients through the correction programs available through the IRS and DOL and has extensive experience working with regulatory agencies during benefit plan audits. In Illinois, Mr. Covert advises governmental clients on various state and municipal pension matters, PSEBA and other benefit matters.
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Mr. Jensen is an associate in the Labor Department and a member of the Employee Benefits & Executive Compensation Group. His practice focuses on the design, compliance, and administration of single employer and multiemployer pension and welfare plans. Mr. Jensen helps plan sponsors navigate plan mergers, spin-offs, and terminations, obtain determination letters and compliance statements from the Internal Revenue Service, and implement trust and custodial agreements and other plan-related contracts.

Ms. Rigterink is a special employee benefits counsel in the Labor Department and a member of the Employee Benefits & Executive Compensation Group. In the employee benefits area, her practice focuses on an array of tax and benefits issues impacting both multiemployer and single-employer benefit plans and plan fiduciaries. Ms. Rigterink assists clients on matters pertaining to plan administration, design and qualification, as well as regulatory, legislative and legal compliance.
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
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