SAL TRIPODI - TRI Pension Services
Your Employee Retirement Income Security Act Resource

The ERISA Outline Book - Current Developments

On this page we reference significant current developments, organized by chapter, that affect the 2018 Print Edition of the ERISA Outline Book (EOB). The Online Edition of the EOB is updated on a periodic basis. The last update went live in March 2018 and reflected developments through the end of February 2018.

In the entries below, you will find a link to the source material. If you link to that page, you will need to click the "back" button on your browser to return to this page. For a list of current developments that is not referenced to The EOB, click here. For an archive of the Current Developments affecting the 2017 Edition of The EOB, click here.

Subscribers to eRISA Update receive summaries of the new developments cited. See our Newsletters page to sign up for eRISA Update.

Chapter 1A

  • No entries

Chapter 1B

  • Pre-Approved Plan definition, Part C
    Procedures for second RAP cycle modified to permit cash balance plans that use actual return on total plan assets as the interest crediting rate; conforming language adopted for second cycle and third cycle procedures [Citation: Rev. Proc. 2018-21, 2018-14 I.R.B. (April 2, 2018) (advance release on March 16, 2018)]
    Text available at http://bit.ly/2tY67NG
  • Remedial Amendment Period definition, Part D.2.
    Two-year window to restate defined benefit M&P plans and volume submitter plans for second remedial amendment cycle ends April 30, 2020; determination letter program opens May 1, 2018 [Citation: Announcement 2018-5, 2018-13 I.R.B. (March 26, 2018)]
    Text available at http://bit.ly/2p4u14n
  • Remedial Amendment Period definition, Part D.3.a.1.c)
    IRS requesting comments on whether to expand the determination letter program for 2019 [Citation: Notice 2018-24, 2018-17 I.R.B. (April 23, 2018)]
    Text available at http://bit.ly/2Iy9Cws

Chapter 2

  • No entries
    ...

Chapter 3A

  • No entries

Chapter 3B

  • Section X, Part C
    Amending that assumed future compensation increases with respect to protected traditional-formula benefit did not violate anti-cutback rule [Citation: Teufel v. Northern Trust Company, 887 F.3d 799 (7th Cir. April 11, 2018)]
    Text available at http://bit.ly/2HiIy7G
  • Section XI, Part I.4.
    Killer statute determined not to be preempted by ERISA; applicable to person found not guilty by reason of insanity [Citation: Laborers’ Pension Fund v. Miscevic, 880 F.3d 927 (7th Cir. 2018)]
    Text available at http://bit.ly/2BHAB51

Chapter 4

  • No entries
    ...

Chapter 5

  • No entries
    ...

Chapter 6

  • Section VII, Part L
    IRS examiners told not to challenge 403(b) plans that have not made timely RMDs to missing participants if reasonable search steps have been taken [Citation: TEGE-04-0218-0011 (February 23, 2020)]
    Text available at http://bit.ly/2paGvbm

Chapter 7

  • Section II, Part B.1.
    Wire transfer of funds out of plan to participant reasonably interpreted by administrator as paid as of such date, even though funds did not hit transferee account until after participant’s death [Citation: Wengert v. Rajendran, 866 F.3d 725 (8th Cir. April 3, 2018)]
    Text available at http://bit.ly/2GW60nQ

Chapter 8

  • Section X, Part C
    IRS explains its interpretation of how offset arrangements affect benefiting determinations for 401(a)(4) and 401(a)(26) testing [Citation: Application of Sections 401(a)(4) and 401(a)(26) to a Cash Balance Plan That Offsets Benefits With Benefits Under a Defined Contribution Plan, CCA 201810008 (February 7, 2018; released March 9, 2018)]
    Text available at http://bit.ly/2p5boxj

Chapter 9

  • Section XI, Part E.2.
    IRS explains its interpretation of how offset arrangements affect benefiting determinations for 401(a)(4) and 401(a)(26) testing [Citation: Application of Sections 401(a)(4) and 401(a)(26) to a Cash Balance Plan That Offsets Benefits With Benefits Under a Defined Contribution Plan, CCA 201810008 (February 7, 2018; released March 9, 2018)]
    Text available at http://bit.ly/2p5boxj

Chapter 10

  • No entries

Chapter 11

  • No entries

Chapter 12

  • No entries

Chapter 13A

  • Section V, Part F.2.c.2)
    Proposed regulations would incorporate PPA 2006 changes to the phase-in rules for guaranteed benefits for majority owners [Citation: Prop. PBGC Reg. §§4001.2, 4022.24-4022.26, 4022.62-4022.63, 4041.2, 4043.2, 4044.10, 4044.14, 83 F.R. 9716 (March 27, 2018)]
    Text available at http://bit.ly/2oSP0YB

Chapter 13B

  • Section II, Part A.2.
    —Fifth Circuit vacates entire fiduciary regulation and related PT exemptions, while Tenth Circuit rules that limiting PTE 84-24 to fixed rate annuities was not an improper exercise of regulatory action [Citation: Chamber of Commerce v. DOL, 885 F.3d 360 (5th Cir. March 15, 2018); Market Synergy Group, Inc. v. DOL, No. 885 F.3d 676 (10th Cir. March 13, 2018)]
    Text available at http://bit.ly/2pjT04o (Chamber of Commerce case); http://bit.ly/2uFlL0B (Market Synergy case)
    — DOL extends temporary enforcement policy on Fiduciary Rule pending further guidance; acknowleges impact of Fifth Circuit opinion vacating the Fiduciary Rule [Citation: Field Assistance Bulletin (FAB) 2018-02 (May 7, 2018)]
    Text available at http://bit.ly/2JZ0t0H
  • Section II, Part F.2.
    Prudence challenge against stable value fund investment option dismissed for failure to state a claim under ERISA [Citation: Barchock v. CVS Health Corporation, 886 F.3d 43 (1st Cir. March 23, 2018)]
    Text available at http://bit.ly/2DWLd0S

Chapter 14

  • Section II, Part E
    — Fifth Circuit vacates entire fiduciary regulation and related PT exemptions, while Tenth Circuit rules that limiting PTE 84-24 to fixed rate annuities was not an improper exercise of regulatory action [Citation: Chamber of Commerce v. DOL, 885 F.3d 360 (5th Cir. March 15, 2018); Market Synergy Group, Inc. v. DOL, No. 885 F.3d 676 (10th Cir. March 13, 2018)]
    Text available at http://bit.ly/2pjT04o (Chamber of Commerce case); http://bit.ly/2uFlL0B (Market Synergy case)
    — DOL extends temporary enforcement policy on Fiduciary Rule pending further guidance; acknowleges impact of Fifth Circuit opinion vacating the Fiduciary Rule [Citation: Field Assistance Bulletin (FAB) 2018-02 (May 7, 2018)]
    Text available at http://bit.ly/2JZ0t0H

Chapter 15

  • Section III, Part A
    IRS requesting comments on whether to expand the determination letter program for 2019 [Citation: Notice 2018-24, 2018-17 I.R.B. (April 23, 2018)]
    Text available at http://bit.ly/2Iy9Cws

Chapter 16

  • No entries

Chapter 17

  • No entries


ERISA Book Quick Links


TRI Pension Services(303) 470-7964
Sal Tripodi on Linkedin
TRI Pension Services on Twitter