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    Industry Tools Manage your fiduciary obligations with these leading industry tools. Zephyr Analysis Access one of the industry's leading performance and risk analysis tools to help ensure you're meeting your fiduciary obligations. Although not limited to small employers, the rule helps them band together to reduce the costs of offering DC plans to their employees.

    What is the SECURE Act, and why does it matter?

    IRS recently proposed some relief from that rule, but the proposal is still in the comment phase. However, DOL has addressed these points over the years in various pieces of regulatory and subregulatory guidance. The rule now also permits unrelated employers in the same state or metropolitan area even if spanning multiple states to join an association MEP. Geography-based MEPs are allowed even if the primary purpose of the group or association is to provide MEP coverage, as long as the group shares another substantial business purpose unrelated to providing benefits.

    Association MEPs must meet several other requirements — for example, a plan must be controlled in both form and substance by participating employers. Participation in the MEP must be limited to current and former employees of the PEO and its participating client-employers and their beneficiaries.

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    In addition, the rule generally prohibits any entity owned or controlled by such organizations and any of their subsidiaries or affiliates from sponsoring a MEP. But participating employers still have ERISA fiduciary duties to prudently select and monitor the arrangement and timely deposit contributions to the MEP. March 28, Under that provision, if one part of the rule is found invalid or unenforceable, the remainder of the rule will stay in force.

    Several of those comments raised concerns that convinced DOL to further consider the concept of open MEPs and gain a deeper understanding of the topic. The RFI asks several broad questions, including whether DOL should allow financial service companies and other commercial entities such as banks, trusts, broker-dealers and pension recordkeepers to establish MEPs, and what kinds of conflicts might arise from such arrangements. We use cookies to improve your experience.

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    Here’s how the SECURE Act could impact your retirement savings

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