Considerations for Plan Sponsors Who Discover Unauthorized Workers in their Retirement Plans, Part 2: Tax Reporting, Withholding, and Missing Participants

With immigration enforcement in the news, some employers may be wondering what responsibilities they have related to their retirement plans, if an employer discovers that an employee lacks documentation to demonstrate they are authorized to work in the United States legally. In Part 1 of this series, I addressed the consequences under ERISA of undocumented …

Time for Non-Profits to Update Their 403(b) Retirement Plans

Non-profit entities, including schools and universities, that sponsor 403(b) retirement plans should begin the process of restating their plans to comply with current law.  This is the first restatement cycle since the December 31, 2009 deadline for sponsors of 403(b) plans to adopt written plan documents.  A 403(b) plan is similar to a 401(k) plan …

ACA Employer Penalty Tax Update: Responding to Letter 227

Many applicable large employers received an unpleasant surprise earlier this year when they received Letter 226-J, which imposed an employer shared responsibility payment (ESRP) under Section 4980H of the Internal Revenue Code on Forms 1094-C and/or 1095-C filed for the 2015 calendar year.  Employers were required to respond to Letter 226-J within a short 30-day …