The IRS reversed its previous position that prohibited defined benefit plan sponsors from offering lump payments to terminated participants currently receiving annuity payments. The IRS announced in Notice 2019-18 that until further guidance is issued it will not assert that a plan amendment providing for a retiree lump sum window program violates Section 401(a)(9) of the Internal Revenue Code. The Notice also provides that the IRS will evaluate the plan amendment to ensure it satisfies the relevant provisions of the Code.
Based on this latest development, it appears plan sponsors can offer retiree lump sum windows as a de-risking strategy.
KMK Law articles and blog posts are intended to bring attention to developments in the law and are not intended as legal advice for any particular client or any particular situation. The laws/regulations and interpretations thereof are evolving and subject to change. Although we will attempt to update articles/blog posts for material changes, the article/post may not reflect changes in laws/regulations or guidance issued after the date the article/post was published. Please consult with counsel of your choice regarding any specific questions you may have.
ADVERTISING MATERIAL.
© 2024 Keating Muething & Klekamp PLL. All Rights Reserved
- Partner
John Meisenhelder has extensive experience providing counsel to medium and large size companies (tax-exempt and for-profit) with respect to all employee benefits, executive compensation and privacy matters. John ...
- Partner
Lisa Wintersheimer Michel is the leader of the Employee Benefits & Executive Compensation Group. Her practice primarily involves all aspects of qualified retirement plans, including profit sharing plans, 401(k) plans ...
Topics/Tags
Select- Employment Law
- Coronavirus
- Labor Law
- Federal Trade Commission
- Department of Labor
- National Labor Relations Board
- Wage & Hour
- Privacy
- Reasonable Accommodation
- Pregnancy Discrimination
- NLRB
- Workplace Accommodations
- FMLA
- Employee Benefits and Executive Compensation
- Employment Litigation
- Arbitration
- Workplace Violence
- Discrimination
- Religion Discrimination
- Medical Marijuana
- FLSA
- IRS
- Litigation
- Social Media
- Employer Policies
- Americans with Disabilities Act
- Disability Discrimination
- Medical Cannabis Dispensaries
- Retirement
- National Labor Relations Act
- Race Discrimination
- Sexual Orientation Discrimination
- Accommodation
- OSHA
- Whistleblower
- Employer Handbook
- ERISA
- United States Supreme Court
- EEOC
- ADAAA
- ACA
- Affordable Car Act
- Unions
- Title VII
- Employer Rules
- Sexual Harassment
- Technology
- Federal Arbitration Act
- NLRA
- Transgender Issues
- Disability
- 401(k)
- Employment Settlement Agreements
- Sixth Circuit
- Fair Labor Standards Act
- Equal Employment Opportunity Commission
- Paycheck Protection Program
- Benefits
- Class Action Litigation
- Disability Law
- Gender Identity Discrimination
- Posting Requirements
- Securities Law
- E-Discovery
- Evidence
- Health Savings Account
- Preventive Care Benefits
- SECURE Act
- US Department of Labor Employee Benefits Security Administration
- Family and Medical Leave Act
- Environmental Law
- Privacy Laws
- Overtime Pay
- Representative Election Regulations
- Department of Justice
- Healthcare Reform
- Older Workers' Benefit Protection Act (OWBPA)
- Electronically Stored Information
- Telecommuting
- Affirmative Action
- Compensable Time
- Equal Opportunity Clause
- Security Screening
- Supreme Court
- E-Discovery Case Law
- Electronic Data Discovery
- ESI
- Occupational Safety and Health Administration
- Attendance Policy
- Return to Work
- Seniority Rights
- Unemployment Insurance Integrity Act
- American Medical Association
- Classification
- Confidentiality
- Equal Pay
- Fair Minimum Wage
- Federal Minimum Wage
- Genetic Information Discrimination
- Media Policy
- Misclassification
- National Origin Discrimination
- Retaliation
- State Minimum Wage
- Wage Increase
- Disability Leave
- Social Media Content
- Employment Incentives
- HIRE Act
- Social Security Tax
- Taxation
- Antitrust
- Labor & Employment Law
- Non-Compete Agreements
Recent Posts
- NLRB General Counsel Expands Focus on Non-Compete Agreements and Stay-Or-Pay Agreements
- FTC's Non-Compete Rule Struck Down
- District Court Finds in Favor of FTC, Declines to Issue Injunction
- DOL Increases Compensation Threshold for Exemption Eligibility
- Federal Trade Commission Announces New Rule Invalidating Non-Compete Agreements
- EEOC Announces Final Rule Providing Guidelines under the PWFA
- The Practical Employment Law Podcast: Immediate Termination
- The Practical Employment Law Podcast: Labor & Employment Law Update February 2024
- The Practical Employment Law Podcast: Telephone Game
- The Practical Employment Law Podcast: Labor & Employment Law Update January 2024