Can Interns and Other Employment Classes be Excluded From Retirement Plan Participation, Including Eligibility to Receive Safe Harbor Contributions?

Not everyone who participates in the workforce serves an employer on a permanent full-time basis. Most qualified retirement plan documents allow an employer to tailor a plan to meet its specific needs, including defining the eligibility requirements for employees to enter and participate in the plan.  

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Agencies Update Form 5500

Plan sponsors have watched for updates to the process of filing Form 5500 over the past three years as the Department of Labor’s (DOL’s) Employee Benefits Security Administration, the IRS, and the Pension Benefit Guaranty Corporation (“the Agencies”) released changes to the form to comply with provisions in the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE 1.0).

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Voluntary Correction Program (VCP) Considerations

Given the complexity involved in operating a retirement plan, it’s not surprising that from time to time there may be miscues, such as operational, document, or even eligibility failures. Some can be resolved without the direct involvement of the IRS, under the agency’s Self-Correction Program within the broader Employee Plans Compliance Resolution System.  Other failures must—or, if an employer chooses, can—be corrected under the IRS Voluntary Correction Program (VCP).

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SECURE 2.0 Offers New Type of Emergency Savings Account

Effective for 2024 and later plan years, employers may permit participants who are considered non-highly compensated employees to contribute up to $2,500 (indexed), or less if dictated by the plan, to pension-linked emergency savings accounts (PLESAs) as part of their 401(k), 403(b), or governmental 457(b) plan.

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