ESOPs are off the national enforcement priority list, and new guidance points toward a more predictable, misconduct-focused approach. Here's what changed, and what hasn't.
If you've ever held back from an ESOP because you'd heard they invite ...
[Read more] about What the DOL’s 2026 Enforcement Shift Means for ESOP Companies
Resources
Coverage Rules for 401(k)’s and Other Qualified Plans – Part 3. Average Benefit Test and the Minimum Participation Rule
This is the third in a series of articles designed to inform you of the significance of the so-called “coverage rules” and the “minimum participation rules” applicable to qualified retirement plans, (here are Part 1 and Part 2 if ...
[Read more] about Coverage Rules for 401(k)’s and Other Qualified Plans – Part 3. Average Benefit Test and the Minimum Participation Rule
Coverage Rules for 401(k)’s and Other Qualified Plans – Part 2. Annual Testing
This is the second in a series of articles designed to inform our readers of the significance of the so-called “coverage rules” and “minimum participation rules” applicable to qualified retirement plans. Here are Part 1 and Part 3. In this ...
[Read more] about Coverage Rules for 401(k)’s and Other Qualified Plans – Part 2. Annual Testing
Coverage Rules for 401(k)’s And Other Qualified Pension Plans – Part 1. Nondiscrimination Rules
This is the first of a series of three articles designed to inform our readers of the significance of the so-called “coverage rules” and “minimum participation rules” applicable to qualified retirement plans. In this article we will explain the basic ...
[Read more] about Coverage Rules for 401(k)’s And Other Qualified Pension Plans – Part 1. Nondiscrimination Rules
The Delinquent Filer Voluntary Compliance Program – Over-the-Counter Relief
In 1995, the Department of Labor (DOL) established its Delinquent Filer Voluntary Compliance (DFVC) Program to enable plan sponsors to file all the appropriate returns and to pay reduced penalties.
If you have an employee benefit plan for which an ...
[Read more] about The Delinquent Filer Voluntary Compliance Program – Over-the-Counter Relief
409(p) Rules for S Corporation ESOPs
As part of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), very complex S corporation ESOP anti-abuse provisions were enacted into the Internal Revenue Code in the form of new Code section 409(p).
The purpose of the ...
[Read more] about 409(p) Rules for S Corporation ESOPs
Confused by the terminology? Check our Glossary of Terms