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White Papers

Possible Implications on HR of a President Trump and Republican Congress

For the next two years, a President Trump bolstered by majorities in both the House and Senate could be expected to make a large number of legislative and regulatory changes that would impact HR, employers, and employees nationally. Only two days after the election, here are some of the possible changes signaled during the 2016 campaign and in various white papers offered by campaign and Congressional staffers.

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Posted on November 10, 2016 by Gary B. Kushner, SPHR, CBP, President and CEO

2017 IRS Limits Announced

As in past years, the IRS has finalized the limits for retirement plans and health and welfare plans.

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Posted on October 22, 2016 by Gary B. Kushner, SPHR, CBP, President and CEO

Does My Retirement Plan Need an Audit

The end of July is creeping closer for calendar year plans and usually arrives sooner than expected for 401(k) plan sponsors. The IRS Form 5500 filing deadline can surprise employee benefit plan administrators when their TPA contacts them with news that their retirement plan has grown in size and now requires a plan audit. As an employer, it’s important to be familiar with the plan audit requirements before it’s time to file your Form 5500.

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Posted on July 08, 2016 by Terri Norman, QKA

Timely Deposits into a 401(k) Account

Today’s 401(k) plan sponsors are subject to an array of what often seem complex fiduciary responsibilities with respect to carrying out their duties to plan participants and beneficiaries. However, meeting these duties need not be difficult, and for some functions, there are specific rules to help guide the employer.

For example, the Department of Labor, (DOL), has guidance to help clarify regulations regarding the timeliness for depositing participant payroll deductions that represent contributions or loan payments to the plan.

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Posted on October 28, 2015 by Lori Kiess, Account Manager - Retirement Plans

2016 IRS Limits Announced


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Posted on October 22, 2015 by Gary B. Kushner, SPHR, CBP, President and CEO

Does Your Retirement Plan Require a Fidelity Bond?

A fidelity bond protects the plan from risk of loss due to fraud or dishonesty on the part of persons who manage the plan assets. The bond should cover at least 10% of the value of plan assets in the preceding year.

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Posted on November 03, 2014 by Marla Shires, Account Manager, Retirement Plans

401(k) Plan Self Audit

Maintaining a compliant 401(k) plan can be a complicated process, and involve multiple components and service providers. However, as a Plan Sponsor, you are responsible for the compliance of your plan. To help, the IRS has provided a list of questions that you, as a Plan Sponsor, must be able to answer to ensure compliance with IRS regulations. These questions are designed to help you document and evaluate your plan’s policies, procedures and internal controls.

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Posted on September 15, 2014 by Tom Voinaroski, Senior Retirement Plan Advisor for Kushner & Company

Creating Successful Retirement Programs

America has a retirement savings problem: the savings shortage is estimated to be $6 billion. Employers may think that this isn’t their problem, but consider what happens when an employee wants to retire but isn’t able to afford retirement. Unfortunately, the employer pays the price with lowered productivity and morale. There are abundant stories of employees who have “retired in place”—sometimes referred to as RIP employees—those who have retired but remain on the company’s payroll.

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Posted on October 23, 2013 by Tom Voinaroski, Practice Leader, Retirement

Comments to IRS on "Use It or Lose It" Rule

In reviewing the legislative and regulatory history of Internal Revenue Code Section 125, we believe that Treasury has the authority to abolish or amend both the “use it or lose it” and “risk shift” rules, providing plan participants and sponsoring employers with increased flexibility while at the same time protecting both groups from financial gain or loss.

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Posted on August 17, 2012 by GARY B. KUSHNER, SPHR, CBP, PRESIDENT AND CEO

DOL Finalizes Small Plan Contribution Safe Harbor Rules

The Department of Labor has finalized its rules on issues regarding the timing of employee contributions to small employer plans (both retirement and welfare).

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Posted on January 14, 2010 by TOM VOINAROSKI, SENIOR RETIREMENT PLAN ADVISOR FOR KUSHNER & COMPANY

The New World of 403(b) Compliance: What Employers Must Do Now

By Gary Kushner, SPHR, CBP
President and CEO, Kushner & Company

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Posted on December 01, 2008

DOL Proposes New Small Retirement Plan Deposit Timeline

Recognizing widespread noncompliance, DOL has issued a new safe harbor requirement for small employers with100 or fewer participants in 401(k) or 403(b), stating plan deposits of employee contributions must be made “as soon as administratively feasible, but no later than the 7th business day after the date of payroll.”

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Posted on December 01, 2008 by GARY B. KUSHNER, SPHR, CBP, PRESIDENT AND CEO

For Employees, Benefits Need Closer Scrutiny

In these trying times, employees must understand and make smart choices in benefits such as health and disability insurance. Despite a volatile stock market, they should also continue to contribute to a diversified mix of investments in their retirement plans.

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Posted on September 16, 2006 by Andrew Leckey, Chicago Tribune

Key Single Employer Defined Contribution Provisions of HR 4: The Pension Protection Act of 2006 ("PP

By Gary Kushner, SPHR, CBP
President and CEO, Kushner & Company

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Posted on September 01, 2006

A New Way to Save for Retirement: Roth 401(k) and Roth 403(b) Accounts

Beginning in 2006, employers sponsoring 401(k) or 403(b) plans have the opportunity to offer participants Roth after-tax contribution to existing 401(k) and 403(b) plans.

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Posted on July 01, 2006 by GARY B. KUSHNER, SPHR, CBP, PRESIDENT AND CEO

Departure Plans

Educating employees about retirement planning is an area where you need high touch more than high tech.

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Posted on June 30, 2006 by LIN GRENSING-POPHAL, HR MAGAZINE

Employee Benefits - More Choices Ahead

From health care to retirement to work/life issues, employers are increasingly challenged as cost pressures run headlong into a changing workforce with rising expectation. To make sense of where things stand and what HR professional should do, Gary B. Kushner, SPHR, CBP, president of Kushner & Company in Portage, Mich., provided a look at “Current and Future Trends in Employee Benefits” at SHRM’s Annual Conference.

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Posted on May 31, 2006 by Stephen Miller, SHRM HR Week

Default Investment Elections Under the Pension Protection Act of 2006

Designed to assist plans with automatic enrollment and participant investment direction, the Pension Protection Act of 2006 lays out new regulations protecting plan fiduciaries from liability.

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Posted on January 31, 2006 by GARY B. KUSHNER, SPHR, CBP, PRESIDENT AND CEO

401(k) What's Wrong?

After Enron’s implosion, roughly $1 billon evaporate from the company’s 401(k), causing lawmakers and regulators to shine a light on these plans and draft laws to protect them.

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Posted on January 22, 2006

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