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OIRA review completed: Proposed regulations regarding multiple employer plan (MEP) rules

OIRA review completed: Multiple employer plan rules

OMB’s Office of Information and Regulatory Affairs (OIRA) completed its review of proposed regulations concerning multiple employer plans (MEPs).


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The review of the proposed regulations is reported to have been completed on June 18, 2019. The proposed regulations are identified as:

The proposed regulations are further described on the OIRA website as follows:

These are proposed regulations relating to the tax qualification of plans maintained by more than one employer pursuant to section 413(c) of the Internal Revenue Code, often referred to as multiple employer plans or MEPs. The proposed regulations would provide limited relief to a defined contribution MEP in the event of a failure by one employer maintaining the plan to satisfy an applicable qualification requirement or to provide information needed to ensure compliance with a qualification requirement. The proposed regulations would affect participants in MEPs, MEP sponsors and administrators, and employers maintaining MEPs.

Treasury regulations that are identified as “major” regulations are subject to review by OMB’s OIRA before being issued, pursuant to Executive Order 13771. Treasury and the IRS now will be expected to release these proposed regulations, but the timing of release is uncertain.

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