President Trump and the GOP-controlled Congress are officially in power, and have begun work on an aggressive, high-profile agenda covering among other issues spending cuts, taxes, and shrinking the federal government. Many—maybe most—of these issues could directly impact NAIFA members.

Legislation to make permanent the section 199A deduction for qualifying noncorporate business income has been introduced in both the House and Senate. The legislation is partisan—only Republicans cosponsored it in both chambers of Congress—but the number of cosponsors (35 in the Senate, including most of the Senate GOP’s leadership, and 152 in the House) demonstrates the strength of support for the measure.

On January 3, Rep. Vern Buchanan (R-FL), a senior member of the tax-writing Ways & Means Committee, introduced H.R.143, a bill that would make permanent expiring individual tax rates (including section 199A), the standard deduction, the estate tax personal exemption, and other individual tax provisions. The bill also specifically repeals the expiration date of section 199A, the deduction for qualifying noncorporate business income.

In one of his first moves after his January 20 inauguration, President Trump ordered federal agencies to halt rulemaking until the new Administration can review all pending proposed regulations. He also ordered a review of regulations finalized late in the Biden Administration.

In a January 31 executive order (EO), President Trump once again made Treasury tax regulations subject to White House review. Office of Information and Regulatory Affairs (OIRA) review of tax regulations was not required until President Trump’s first term, from 2017 to 2021. But then-President Biden reversed that order, again exempting tax regulations from OIRA review. Now, per this latest Trump EO, IRA will again be reviewing proposed tax regulations.

On January 3, Rep. Andy Biggs (R-AZ) introduced legislation that would repeal the limits on the kinds of businesses that are eligible for the section 199A deduction for qualifying noncorporate business income. The bill would also repeal the estate tax while retaining the step up in basis for assets passing to heirs after the decedent’s death.

Bipartisan legislation to allow 403(b) retirement savings plans to invest in collective investment trusts (CITs) has been introduced in both the House and Senate. The legislation would amend securities laws to allow for 403(b) CIT investments. Retirement law was amended to allow these CIT investments in SECURE 2.0, but efforts to expand the CIT investment authority to include securities laws fell short at the time.

A bipartisan Senate bill, the “Charitable Act,” would reestablish an above-the-line charitable deduction. The deduction would allow taxpayers who do not itemize to deduct their charitable contributions up to an amount equal to up to one third of the standard deduction.

On January 10, the Treasury Department released new guidance on SECURE 2.0 automatic enrollment and catch-up contribution rules. The automatic enrollment guidance is in REG-100669-24. The catch-up contribution proposed regulation is REG 1545-BR11.

On January 22, the Internal Revenue Service (IRS) issued guidance on how employers should deal with the tax requirements of contributions and benefits paid under state paid and family leave programs. The guidance comes in Rev.Rul. 2025-4.

On January 27, the Senate voted to confirm the nomination of Scott Bessent as the 79^th Secretary of the Treasury. The vote was 68 to 29. Sixteen Democrats joined with the Republicans to approve the nomination.

On February 13, President Trump’s nominee to be Secretary of the Department of Health and Human Services (HHS), Robert F. Kennedy Jr., won approval from the Senate following approval by the Senate Finance Committee on a party-line 14 to 13 vote.

The last big-ticket item approved by the 118^th Congress was enactment of a continuing resolution (CR), HR 10545, that keeps the government funded through March 14, 2025. The House and Senate approved the measure by wide margins. The House vote was 366 to 34, with one member voting “present.” The 366 aye votes included 170 Republicans and all Democrats except the one (Rep. Jasmine Crockett of Texas) who voted present. The Senate vote, coming just minutes after midnight December 20 deadline, was 85 to 11. President Biden signed it into law on December 21. Thus, the threatened partial government shutdown was averted, despite a few hours on a Saturday during which funding for the government technically ran out.

On December 23, 2024, President Biden signed into law two pieces of legislation that will ease the burden on employers and insurance carriers that need to submit information to the IRS and employees on health care coverage. The Paperwork Burden Reduction Act (H.R. 3797) and the Employer Reporting Improvement Act (H.R. 3801) were championed by a bipartisan group of legislators eager to provide significant relief from paperwork burdens for small businesses.

After a series of court decisions and reversal and then a reversal of the reversal, the rule (Beneficial Ownership Information, or BOI rule) requiring most businesses to report to FinCEN (the Financial Crimes Enforcement Network) on their ownership is currently on hold, pending a judicial opinion on whether the law containing the BOI rule is constitutional.

The 119^th Congress convened January 3. The GOP controls the House and the Senate, and Republican President-Elect Trump will be in the White House as of January 20. Republicans are still squabbling a bit about which priority issue to tackle first, but whatever the order, a massive tax bill, Fiscal Year (FY) 2025 government funding, FY 2026 appropriations to fund the government, the statutory debt limit, and nomination confirmations will dominate early in 2025. On the regulatory front, once cabinet secretaries (and other key agency leaders) are confirmed, expect action to roll back Democratic rulemaking in many issue areas.

With only a little bit of drama, on January 3, House Republicans chose Rep. Michael Johnson (R-LA) to be Speaker of the House for the 119^th Congress. Virtually all Speaker votes are purely partisan, and this one was no exception. So, with a 219 to 215 GOP-to-Democrat edge, Rep. Johnson needed 218 votes to become Speaker. The final vote was 218 to 215—one Republican (Kentucky’s Rep. Thomas Massie) voted for someone else.

The hard-right wing of the Republican party in the House has written a letter to Speaker Johnson (R-LA) listing their demands for their support of early legislative initiatives this year. They include legislation to expand health savings accounts (HSAs), and “real” spending cuts “in place” ahead of approving a debt limit increase.

Just as the 118^th Congress ended last month, then Senate Finance Committee chairman and now ranking member Sen. Ron Wyden (D-OR) offered a bill to contain private placement life insurance (PPLI). The bill died when the 118^th Congress adjourned sine die on January 3, but Sen. Wyden is expected to reintroduce his legislation early this year.

Last month the Internal Revenue Service (IRS) announced an extension, to January 1, 2026, for rules to accommodate the SECURE 2.0 required minimum distribution (RMD) rules. The December 18 announcement came in IRA Announcement 2025-2.

The Department of Labor (DOL) has appealed the November Eastern District of Texas district court ruling that overturned the agency’s updated white-collar exemption to the Fair Labor Standards Act’s (FLSA’s) overtime (OT) rules. However, the Trump Administration could reverse the decision to appeal to the Fifth Circuit Court of Appeals.

Both Republicans and Democrats have named the members joining the House Ways & Means and Senate Finance Committees for the 119^th Congress. These lawmakers will have particular influence over what goes in and what stays out of the massive tax bill Congress intends to enact this year.

Republicans in both the House and Senate are talking about expanding health savings accounts (HSAs) and association health plans (AHPs). There is a growing sense that these policies will help grow health coverage and reduce health insurance costs. Interest in HSAs and AHPs appear to be the emerging Republican answer to the Affordable Care Act (ACA).

The Joint Committee on Tax’s (JCT’s) most recent “tax expenditure list” includes trillions in foregone federal revenue as a result of the tax rules governing retirement savings, life insurance death benefits and cash values, and employer provided health insurance.

The outgoing 118^th Congress must fund U.S. discretionary spending by December 20. Issues in play in that effort include extension of authority and funding for the National Flood Insurance Program (NFIP), delay of the Corporate Transparency Act’s (ACT’s) Beneficial Ownership Information (BOI) rule, and possibly technical corrections to SECURE retirement savings law.

In 2025-2026, Republicans will control the White House (Trump/President), the Senate (53 to 47), and the House (220 to 215). But despite winning the trifecta, GOP lawmakers will confront significant challenges next year. They include a spiraling deficit that will make enactment of GOP priorities difficult, and deep divisions between ultra-conservative and more centrist Republicans.

A Texas district court has issued a temporary nationwide injunction blocking enforcement of the Corporate Transparency Act’s (CTA) requirement (the Beneficial Ownership Information, or BOI rule) that forces U.S. businesses to report the names and identifying information of their beneficial owners. Legislation to delay the reporting requirement is pending before Congress.

Federal deficits projected to grow to almost $2 trillion next year have triggered creation, by President-Elect Trump, of a Department of Government Efficiency (DOGE). DOGE’s goal is to cut federal spending by $2 trillion.

Sen. John Kennedy (R-LA) on December 3 introduced a bill to increase the amount a Flexible Spending Arrangement (FSA) owner can contribute to his/her FSA for dependent care expenses. While it is unlikely this bill will be enacted this year, its introduction tees up the issue for the incoming 119^th Congress.

On November 15, the federal District Court in the Eastern District of Texas struck down the Department of Labor’s (DOL’s) latest attempt to raise the salary threshold piece of the white-collar exemption to the Fair Labor Standards Act’s (FLSA’s) overtime (OT) pay rules. The court ruled that DOL exceeded its statutory authority in promulgating a rule that addressed only the salary threshold piece of the white-collar exemption from FLSA’s OT rules.

Billionaire hedge fund manager and investor Scott Bessent is President-Elect Trump’s choice to head the Treasury Department. He says tariffs will be his top priority.

President-Elect Trump has announced he will nominate former Rep. Lori Chavez-DeRemer (R-OR) to be Secretary of the Department of Labor (DOL). Rep. Chavez-DeRemer lost her bid for reelection last month. She is viewed as a pro-labor Republican, one of only a handful of GOP House members who cosponsored the labor-friendly PRO Act

Former Securities and Exchange Commissioner (SEC) Paul Atkins will be nominated by President-Elect Trump to chair the SEC. Experienced at the SEC, Atkins served as one of the agency’s commissioners from 2002 to 2008 and worked as an SEC staffer during the 1990s.

Robert F Kennedy Jr. is President-Elect Trump’s choice to be Secretary of the Department of Health and Human Services (HHS). A vaccines skeptic, Kennedy’s nomination is controversial, at least at this stage of the process.

Dr. Mehmet Oz, a tv personality who lost his bid for Pennsylvania’s Senate seat two years ago, is President-Elect Trump’s nominee as the head of the Centers for Medicare and Medicaid Services (CMS).

President-Elect Trump has chosen Kevin Hassett, an economist currently working as a fellow at the Hoover Institute at Stanford University, to head the National Economic Council (NEC). The NEC works closely with the Treasury Department as a hands-on policy-making team.

NAIFA State Government Relations Manager, Bianca Alonso Weiss, attended NCOIL’s Annual Fall Meeting on November 21-23, where she had the opportunity to strengthen NAIFA’s relationships with state legislators and industry trade partners, as well as advocate for key priorities affecting NAIFA members. Several NCOIL sessions discussed topics of interest to NAIFA.

NAIFA’s Policy Director Roger Moore attended NAIC’s Fall National Meeting, November 16-19. During the meeting, NAIC committees and working groups discussed multiple topics of interest to NAIFA members, including long-term care insurance, privacy protections, the use of artificial intelligence in insurance, producer licensing, and annuity standards. Additionally, a slate of new officers was elected for 2025, including Commissioner John Godfried (ND) as President; Commissioner Scott A. White (VA) as President-Elect; Director Elizabeth Dwyer (RI) as Vice President; and Commissioner John Pike (UT) as Secretary-Treasurer. The new officers will assume their duties beginning January 1, 2025.

CMS is proposing actions in the Medicare Advantage (MA) and Medicare Part D prescription drug programs to continue to strengthen protections and access to care for people with Medicare. The proposed rule aims to hold MA and Part D plans more accountable for delivering high-quality coverage so that people with Medicare are connected to the care they need when they need it.

Donald Trump’s victory was declared when, at just about 5:30 a.m. on Wednesday, November 6, the media projected he had won swing state Wisconsin, taking him over the 270-vote electoral college count needed to win the presidency. 

Republicans will control the Senate in the incoming 119th Congress (2025-2026). The GOP’s undisputed win of 53 of the Senate’s 100 seats means Democrats have lost control of the upper chamber in the 119th Congress.

Republicans won the 218 seats needed to control the House; it will give the GOP the “trifecta”—a clean sweep of all three levers of legislative power in Washington.

A number of key issues remain to be addressed by the outgoing 118^th Congress. They include the need to fund the government past the December 20 dates on which current funding authority expires. The government funding issues include extension of National Flood Insurance Program (NFIP) authority and funding.

If, as expected, the GOP controls both the House and Senate next year, the risks and challenges of the 2025 tax bill have become a bit clearer. Here is a run-down.

Incoming President-Elect Donald Trump’s Administration is likely to roll back a plethora of regulations of concern to NAIFA members and their clients.

On November 1, the Internal Revenue Service (IRS) announced the inflation-adjusted limits for contributions in 2025 to retirement and other benefit plans. 

Four Democratic Senators have introduced legislation that would subject pass-through (non-corporate) business income to payroll (Social Security/Medicare) taxes. Currently, many pass-through businesses (S corporations, partnerships, sole proprietorships) characterize some of their business income as dividends or other non-wage income and thus avoid having to include it in the payroll tax base.

On October 7, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo sent a memo to staff outlining heightened enforcement against illegal non-compete agreements. The 17-page memo outlines Abruzzo’s intention to assess costs to violators of the non-compete rules. In addition, the memo to staff indicates Abruzzo’s intention to challenge employer policies that require employees to repay training costs or other penalties if they leave within a specified time frame.

On September 26 President Biden signed into law the three-month funding bill that avoided a government shutdown on October 1. The continuing resolution (CR) extended fiscal year (FY) 2024 funding levels until December 20 and made few (none of them controversial) policy changes. So, the tough issues—e.g., FY 2025 funding levels, whether to block certain regulations (including the fiduciary rule)—were left to be resolved during the November-December lame duck session of the 118^th Congress.

On September 12, the Senate Finance Committee held a hearing to lay the groundwork for the 2025 tax bill effort to cut down on “tax avoidance.” The hearing highlighted proposals to improve tax equity in current law. It also focused considerable discussion on section 199A, the deduction for qualifying noncorporate business income.

The premium tax subsidies that allow lower-income individuals to get Affordable Care Act (ACA) health insurance free or at reduced cost are scheduled to expire at the end of 2025. If the current subsidies do expire, millions of low-income individuals will face significant health insurance cost increases. Extension of the subsidies will be a key issue in the 2025 tax bill and/or during the November-December lame-duck session of the 118^th Congress.

The ENABLE Act, a bill that makes permanent three provisions of the ABLE account law, passed the Senate under a unanimous consent agreement on September 19. The bill, the ENABLE Act, was introduced in the Senate by Sen. Bob Casey (D-PA), the author of the original ABLE Act, and Sen. Eric Schmitt (R-MO) and in the House by Rep. Lloyd Smucker (R-PA) and Rep. Don Beyer (D-VA).

Private sector economists, including the respected Committee for a Responsible Federal Budget (CRFB), are sounding the alarm over the cost of both presidential candidates’ tax proposals. This suggests the 2025 tax bill will be as much about revenue as tax policy.

A New York Congressman, Rep. Tom Suozzi (D-NY), is planning a long-term care conference for this spring. He wants wide participation to create and enact legislation to address the long-term care needs of the U.S. population.

On October 5, the Centers for Medicare and Medicaid Services (CMS) released its proposed rules for Affordable Care Act (ACA) health insurance for 2026. The rules cover agent/broker practices.

A September 30 report from the Treasury’s Inspector General for Tax Administration (TIGTA) finds that millions of taxpayers are not paying the ten percent early withdrawal penalty tax or income taxes owed on pre-retirement early withdrawals from their retirement savings plans. This raises the specter of Congressional review of proposals for tougher enforcement.

Last month the U.S. Circuit Court of Appeals for the Fifth Circuit upheld the Department of Labor’s (DOL’s) new overtime (OT) regulation. The court ruled that the regulation does not violate the Fair Labor Standards Act (FLSA).

On October 3, the Internal Revenue Service (IRS) and Treasury issued new guidance, Notice 2024-73, on coverage requirements for long-term part-time employees (LTPTE), beginning in 2025. SECURE 2.0, enacted late in 2022, includes a provision requiring employer-sponsored retirement plans to allow long-term (those with service of two years or more) part-time (those who work at least 500 hours/year) to participate in the employer-sponsored retirement savings plan.

A bipartisan bill to cut off employee retention tax credit (ERTC) claims has been introduced in the Senate. The bill pulls the ERTC provisions from the House-passed HR 7024, a bill that has been long-stalled in the Senate.

On September 26, the Internal Revenue Service (IRS) announced it is opening its employee retention tax credit (ERTC) corrections program to allow tax professionals, payroll companies and other third parties that filed ERTC claims on behalf of a business to make corrections to their clients’ claims under the agency’s voluntary disclosure program.

At a September 12 hearing, the Senate Finance Committee explored tax avoidance strategies used by the very wealthy. Strategies identified included lack of current tax liability on unrealized asset gains, step-up in basis, trust rules, and private placement life insurance (PPLI). This is a prelude to the looming 2025 tax bill debate.

Two federal district courts in Texas stayed (blocked) the new fiduciary rule’s September 23 effective date. Those stays remain in effect, pending the outcome of the courts’ decisions on the cases’ merits or whether the Department of Labor (DOL) decides to appeal the stays and is successful.

Congress ended its summer break on September 9, returning to Washington to deal with the need to fund the U.S. government by midnight September 30. None of the 12 regular-order appropriations bills, which together fund the U.S. government’s discretionary activities for each fiscal year, have been enacted into law. None have passed the Senate, and only five have passed the House. Hence, there is no visible way Congress can enact many (if any) of these 12 bills before Fiscal Year (FY) 2024 ends on September 30.

The debt limit (the statutory limit on the amount the federal government can borrow) is currently suspended until January 2. That means unless Congress acts to raise the borrowing limit or further suspend the statutory cap on borrowing by January 2, the U.S. risks being unable to make timely payments on all of its obligations. Economists widely believe this would trigger worldwide economic catastrophe.

Both former President Trump and Vice President Harris announced economic and tax policy agendas earlier this month. Key implementing details are missing from both candidates’ plans, but the general outlines suggest a legislative battle over tax rules regardless of who wins the presidency. Both candidates’ plans have triggered predictions of big (as in trillions of dollars) revenue losses, although both candidates have also suggested ways that those losses would be contained if not offset. So, both pose risks for NAIFA tax issues.

Historically, the performance of the presidential candidates has a measurable impact on the fates of candidates down-ballot (Senate, House, and state races, too). Some presidential candidates have longer, stronger coattails than others (or act as a bigger drag on down-ballot races). A favorite discussion point among Washington insiders these days is the potential influence of candidates Trump and Harris on House, Senate, and state races. Here is what we know as of now.

NAIFA CEO Kevin Mayeux announced that NAIFA will fight decisions to terminate existing marketing service agreements and end new and renewal commissions for Medicare prescription drug (Part D) plans. NAIFA will work with the Centers for Medicare and Medicaid Services (CMS) to make sure the agency (and insurers) knows that these decisions “will curtail personal service.” NAIFA will also “offer solutions to protect” Medicare D beneficiaries., Mayeux said.

The U.S. District Court for the Northern District of Texas has blocked enforcement of the Federal Trade Commission’s (FTC’s) rule banning virtually all noncompete agreements. The stoppage of the FTC rule applies nationwide. The rule was scheduled to take effect as of September 4 but is now on hold as a result of the August 28 federal district court ruling.

On September 5, the Internal Revenue Service (IRS) and the Treasury Department issued a Request for Information (RFI) on how to implement the new SAVER’s Match rules enacted in last year’s SECURE 2.0, The RFI, issued in Notice 2024-65, requests comments on “all aspects of SAVER’s Match contributions” and includes specific questions on an array of SAVER’s Match issues.

On August 19, the Internal Revenue Service (IRS) released new guidance, Notice 2024-63, that explains how employers can treat their employees’ student loan payments as retirement plan deferrals, and match them under the employer match terms of their retirement plans. The guidance implements the provision in SECURE 2.0 which Congress enacted into law last year.

On August 15, the Internal Revenue Service officially reopened its Employee Retention Tax Credit (ERTC) Voluntary Disclosure Program. The program allows employers to repay ERTC payments they have already received, without liability for penalties, if upon further review the employers believe their initial ERTC claims were made in error. The Voluntary Disclosure Program will remain open until November 22, 2024.

NAIFA’s Policy Director Roger Moore attended NAIC’s Summer National Meeting on August 12-15, where he had the opportunity to strengthen NAIFA’s relationships with state regulators and industry trade partners as well as advocate for key priorities affecting NAIFA’s members. The NAIC Committees discussed multiple topics of interest to NAIFA, including long-term care insurance, access to life insurance and annuities in underserved communities, privacy protections, product illustrations, and producer licensing issues. Roger also attended the latest meeting of the National Insurance Producer Registry (NIPR) Board of Directors, where he continues to sit as a non-voting member.

Two federal district courts in Texas have blocked enforcement of the Department of Labor’s (DOL’s) fiduciary-only rule. The rule’s September 23 effective date was enjoined (blocked) by the Texas Eastern District Court on July 26, and then one day later stayed (stopped) by the Texas Northern District Court. NAIFA and several of its chapters are among the plaintiffs in the Northern District court case.

On August 1, the Senate failed to invoke cloture (cut off debate) on HR 7024, the House-passed tax bill that would, among other things, cut off employee retention tax credit (ERTC) claims, and provide better depreciation and business interest tax rules. The failed 48 to 44 cloture vote makes it ever more unlikely that the bill—which passed the House on January 31 by an overwhelming 357 to 70 vote—can be enacted into law this year.

Congress has left Washington for an extended (lawmakers do not return until September 9) summer recess. NAIFA members are visiting with their Representatives and Senators at home.

When Congress returns to Washington on September 9, lawmakers will have less than three weeks to fund the government (and consider any other pre-election pending legislation). Plus, Representatives and Senators will be focused on the November 5 election, when partisan control of the House, Senate, and Presidency are all in play. So, most Washington insiders believe that Congress will punt on most, if not all, major decisions, leading to a fraught post-election lame-duck session.

President Biden withdrew from his campaign for reelection, and Democrats have chosen Vice President Harris to replace him. She tapped Minnesota Gov. Tim Walz as the ticket’s vice-presidential candidate. The GOP candidate is former President Donald Trump. His running mate is Ohio Sen. J.D. Vance. Both tickets’ policy positions are still evolving, but a fair amount is already known about their stances on taxes, health care (insurance) and other issues of key concern to NAIFA members.

On August 8, the Internal Revenue Service (IRS) announced it will again process 2021 Employee Retention Tax Credit (ERTC) claims. It says it has resolved many claims issues, so far resulting in 28,000 denials and many valid claim payments.

On July 25, the Internal Revenue Service (IRS) announced five new warning signs that it will deny employee retention tax credit (ERTC) claims. The agency is urging businesses with pending ERTC claims to review those claims in light of the 12 warning signs (five new ones added to the seven already announced) in order to avoid penalties, interest charges and/or audits.

On July 24, Treasury and the Internal Revenue Service (IRS) released a final regulation on calculating minimum required distributions (MRDs) under the rules in SECURE 1.0. The regulation also contains guidance that is subject to notice and comment on SECURE 2.0 MRD rules.

On July 25, Senate Finance Committee Chair Sen. Ron Wyden (D-OR), along with five colleagues, introduced legislation that would impose criminal penalties on “rogue” health insurance advisors who make changes to individuals’ Affordable Care Act (ACA) health insurance without the insureds’ knowledge or consent. The Insurance Fraud Accountability Act would impose fines on brokers who negligently provide incorrect enrollment information, and criminal liability if the provision of incorrect information is “knowingly and willfully false or fraudulent.”

Business interests that oppose the Federal Trade Commission’s (FTC’s) rule that imposes an almost complete ban on noncompete agreements are urging the courts to block the rule. The rule is scheduled to take effect September 4, but a court ruling on it is expected before the end of August.

On July 10, the House Education and Workforce Committee approved a Congressional Review Act (CRA) resolution to block the Department of Labor’s (DOL’s) new fiduciary-only rule. The CRA resolution, H.J.Res.142, would “disapprove the rule submitted by the Department of Labor relating to “Retirement Security by Rule: Definition of an Investment Advice Fiduciary (89 Fed. Reg. 32122 (April 25, 2024)), and such rule shall have no force or effect.”

The Supreme Court decision to overturn the Chevron Doctrine—a 40+-year-old rule that required courts to defer to federal agencies’ “reasonable” interpretations of “ambiguous” statutes—may mean that a sea change in regulatory activity—and possibly legislation—is likely.

A federal district court in Texas has stayed a Department of Health and Human Services’ (HHS’) Centers for Medicare and Medicaid Services (CMS) rule that sets a fixed administrative fee and consequently prevents payment to health insurance agents and brokers for advice recommending certain managed care plans. In Am. For Beneficiary Choice v. HHS and Council for Medicare Choice v. HHS, the court found that the plaintiffs demonstrated a substantial likelihood that they would prevail on the merits. The merits include plaintiffs’ claims that the rule would “upend the regulatory status quo, dramatically limiting administrative fees that Congress did not intend” for CMS to regulate.

In Moore v. United States, the Supreme Court (SCOTUS) sidestepped the question of whether it is constitutional to tax unrealized income—but four opinions (two concurring and two dissenting) suggest that at least four of the current SCOTUS justices might in another case find it is unconstitutional to tax income until it is realized.

Both House and Senate tax writers continue their preparations for the 2025 tax bill. More potential targets for revenue-raising tax provisions have emerged.

Last month Republican lawmakers introduced motions to block the new rule raising the salary threshold for the white-collar exemption to the Fair Labor Standards Act (FLSA) overtime (OT) rule. Rep. Tim Walberg (R-MI) introduced the Congressional Review Act (CRA) motion in the House; Sen. Mike Braun (R-IN) introduced it in the Senate.

On June 20, the Internal Revenue Service (IRS) said the 1.4 million pending employee retention tax credit (ERTC) claims are getting continued heightened scrutiny, with “the vast majority” of them showing risk of being improper. The agency announced it had completed a detailed review of the pending claims in order to protect taxpayers and small businesses, and said it resulted in plans to deny tens of thousands of improper high-risk ERTC claims. Now, the IRS has started a new round of processing lower-risk claims to help eligible taxpayers.

On July 9, the House Ways & Means Committee approved legislation, H.R.8915, to expand the kinds of education-related expenses that can be paid tax-free from a 529 plan. Among the bill’s provisions is one that would allow NAIFA members to use 529 funds for professional certifications or programs connected with obtaining a postsecondary credential, including those required to obtain a state license.

On June 20, the Internal Revenue Service (IRS) issued Notice 2024-55, guidance on when there is an exception from the ten percent penalty tax for early withdrawals from retirement savings plans. The guidance focuses on emergency personal expenses and victims of domestic abuse.

A Texas district court has ruled that a challenge to the Federal Trade Commission’s (FTC’s) almost total ban of noncompete agreements will likely succeed, and as a result has issued a limited preliminary injunction for the plaintiffs only, blocking the rule’s September 4 effective date. The court rejected the plaintiff’s request that the injunction apply nationwide.

On May 24, a group of nine industry organizations, including NAIFA and the American Council of Life Insurers (ACLI), filed a lawsuit seeking to overturn the Department of Labor’s (DOL’s) newly finalized fiduciary rule. Joining NAIFA and ACLI in the lawsuit are NAIFA-Texas, NAIFA-Fort Worth, NAIFA-Dallas, NAIFA-Piney Woods of East Texas, the National Association of Fixed Annuities (NAFA), the Insured Retirement Institute (IRI), and Finseca.

Congressional Review Act (CRA) resolutions to block the Department of Labor’s (DOL’s) newly finalized fiduciary rule have been introduced in both the House and Senate. It appears the motion may pass, but President Biden is virtually certain to veto it if it does pass.

House Ways & Means Committee Republicans have formed ten issue-specific “tax teams” to work on what to include in the looming 2025 major tax bill. Senate Finance Committee Republicans will tackle these issues in six “working groups.” Both say they “may” include Democrats in their deliberations at some point, but for now, it is an all-GOP effort.

Recurring revenue estimates of the cost of extending the expiring 2017 tax cuts suggest that revenue will play a major role in the debate over the upcoming tax bill in 2025. After at least five revenue estimates, all covering a 10-year period that includes 2028, projections of the revenue lost due to current tax rules keep going up.

A companion Senate bill (S.4398) to the RISE Act introduced last fall in the House (H.R.6007) has been introduced. The RISE Act expands the tax credit available for starting retirement savings plans for very small businesses.

The House-passed tax bill, H.R.7024, remains stalled in the Senate. However, its chief Senate sponsor, Sen. Ron Wyden (D-OR), says the bill is not dead. Sen. Wyden says he continues to work with Senate leadership to schedule Senate floor time on the bill.

Sen. Bill Cassidy (R-LA) has asked for public comments on how to amend current law to allow companies to provide benefits to their independent contractor workers who are not employees.  Sen. Cassidy is ranking member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, the committee with jurisdiction over ERISA’s non-tax pension/retirement savings issues. He also serves on the Senate Finance Committee, which has jurisdiction over ERISA’s and other retirement savings tax issues.

In Connelly vs. United States, the Supreme Court (SCOTUS) ruled that life insurance proceeds increased the value of a closely held business’ stock and therefore had to be included in valuation of the company for estate tax purposes. The ruling impacts some buy-sell agreements where the life insurance is owned by the company rather than by the individuals who own the company.

A coalition of business groups has filed a lawsuit seeking to overturn the Department of Labor’s (DOL’s) new and now-final white-collar exemption to Fair Labor Standards Act (FLSA) overtime (OT) rules. A court ruling on the lawsuit could result in a delay in the July 1 effective date of the new rule.

A study released on June 6 by the Life Insurance Marketing and Research Association (LIMRA) shows a 25 percent increase in pension risk transfer contracts in the first quarter of this year. A LIMRA statement discussing the study pointed to a record $14.6 billion in 146 contracts in companies shifting their lifetime pension obligations to annuities.

NAIFA has joined forces with 70 organizations, employers, unions, patient and disease advocacy groups, and other healthcare stakeholders to emphasize the importance of maintaining the tax-free status of employer-provided healthcare coverage. In a united front, these organizations reminded Congress of the critical role this coverage plays in ensuring the health and financial security of nearly 180 million Americans.

NAIFA’s May 20-21 Congressional Conference participants will fan out over Capitol Hill to educate lawmakers on key issues impacting NAIFA members and their clients. Several hundred participants from almost every state and Congressional District will also establish and grow the constituent-lawmaker relationships that are so key to favorable legislative outcomes.

On April 23, the Department of Labor (DOL) finalized its new fiduciary rule and its accompanying amendments to prohibited transaction exemptions (PTEs) 2020-02 and 84-24. The new rules would take effect September 23, but they have already triggered the first of what are likely to be multiple court challenges to them. Those court decisions could impact the effective date. And Congress is likely to vote on a Congressional Review Act (CRA) motion to block the rules, although even if a CRA motion passes both the House and Senate, President Biden will surely veto it.

There will be a major tax bill in 2025, as both Republicans and Democrats contend with the looming expiration of most of the current tax code’s individual and estate tax rules. Scheduled for expiration at the end of 2025 are income and capital gains tax rates for individuals as well as the current $12+ million exemption from the estate tax. Tax policy will play a key role in the debate, but so will revenue—the cost of extending the 2017 rules is astronomical. And lawmakers are already looking at other tax issues—like, for example, the corporate tax rate—that are not scheduled to expire but are intrinsic to both tax policy and revenue issues.

The House Ways & Means Committee held a hearing on April 30 with Treasury Secretary Janet Yellen as the sole witness. The hearing focused on the Biden budget tax proposals, and on the issues surrounding the scheduled expiration of the 2017 individual and estate tax rules.

Not only are fixed annuities now within the scope of the final fiduciary rule, but also a key tax writer is seeking information from the 12 biggest annuity writers about how annuities are sold. It appears that annuities are approaching being at the center of both Congressional and regulatory attention.

The House Education & the Workforce’s Subcommittee on Workforce Protections held a hearing last month on how to allow states and companies to provide independent contractors with employer-provided benefits without causing them to be classified as employees. Subcommittee Chairman Rep. Kevin Kiley (R-CA) said at the hearing that he is working on legislation to achieve this result.

The long-awaited final rule on the white-collar exception from the Fair Labor Standards Act’s (FLSA’s) overtime rules was released last month. The new rule significantly increases the salary threshold below which the white-collar exception does not apply and provides for automatic adjustments to the salary threshold every three years.

On April 23, by a 3 to 2 partisan vote, the Federal Trade Commission (FTC) banned virtually all noncompete agreements. There are some limited exceptions involving key executives, but in general, the new rule would not only ban future noncompete agreements, but also require notice to workers who are party to existing noncompete agreements that those agreements will not be enforceable.

On May 9, the Internal Revenue Service (IRS) released Revenue Procedure 2024-25, listing the 2025 inflation-adjusted amounts applicable to health savings accounts (HSAs), high deductible health plans (HDHPs), and excepted benefit health reimbursement arrangements (HRAs). The inflation adjustments take effect, generally, in 2025 or for plan years beginning in 2025.

On May 6, the Social Security and Medicare trust fund trustees issued their annual report. The report predicts a financial crisis for the funds within 10 years, unless Congress intervenes before then.

In the wee morning hours of March 23—just two hours after the midnight March 22 deadline—Congress completed the fraught process of funding the federal government’s discretionary spending for fiscal year (FY) 2024—six months after FY 2024 began this past October 1. President Biden signed the measure into law the same day. Despite hard lobbying, the final funding package excluded a rider that would have stopped the Department of Labor’s (DOL) work on its fiduciary rule.

On April 10, NAIFA met with the White House’s Office of Information and Regulatory Affairs (OIRA) to express the association’s concerns about the Department of Labor’s (DOL’s) proposed fiduciary rule. NAIFA reiterated its long-standing opposition to the rule, citing its probable impact on the accessibility and affordability of professional investment advice for middle-American retirement savers. Late that afternoon, OIRA sent the proposed rule back to DOL for finalization, canceling at least two subsequent previously scheduled stakeholder meetings.

On March 28, the Departments of Labor (DOL), Health and Human Services’ (HHS’) Centers for Medicare and Medicaid Services (CMS), and Treasury released a final short-term limited-duration (STLD) health insurance rule. It retains the proposed rule’s new limits of three months duration, with a four-month renewal option for this kind of insurance.

The tax-writing House Ways & Means Committee held a hearing on April 11 on the TCJA and its expiring individual and estate tax provisions. Predictably, the hearing showcased GOP support for extending the TCJA’s individual and estate tax rules that expire at the end of 2025. Democrats, on the other hand, called for more taxes to be paid by corporations and “the rich.”

Republican Senators are growing increasingly reluctant to vote any time soon on the House-passed bill that would, among other things, allow for more generous business equipment depreciation and business loan interest deductibility. The bill would need 60 votes, and therefore at least ten Republicans, to pass the Senate. However, some key GOP Senators are demanding changes, while others urge waiting until next year when they think they will be in a stronger position.

A bicameral GOP resolution to block the Department of Labor’s (DOL’s) now-final worker classification rule has been introduced. On March 21, the House Education and the Workforce Committee approved a Congressional Review Act (CRA) motion to block the rule.

On April 2, the Centers for Medicare, and Medicaid Services (CMS) released its final rules for Affordable Care Act (ACA) marketplaces for 2025. The rules include the requirements applicable to advisors who work with participants in ACA marketplace insurance.

Sen. Elizabeth Warren (D-MA) and Reps. Pramila Jayapal (D-WA) and Brendan Boyle (D-PA) have reintroduced their wealth tax legislation that would impose increased tax liability on the ultra-wealthy. The bill would impact taxpayers with household income in excess of $50 million.

On April 7, Sen. Maria Cantwell (D-WA) and Rep. Cathy McMorris Rodgers (R-WA) released a proposed national privacy standard. Sen. Cantwell and Rep. McMorris Rodgers chair the committees with jurisdiction over the proposal and so, although its enactment is a long shot this year, it is a proposal that privacy rights interests are taking very seriously.

Democrats have offered one bill to create a federal paid leave program and another to shorten the standard workweek to 32 hours.

On March 19, the Internal Revenue Service (IRS) proposed a new rule governing charitable remainder annuity trusts (CRATs). The new rule, if finalized, would curtail the use of CRATs as a tax avoidance mechanism.

On April 2, the Department of Labor (DOL) finalized its qualified plan asset manager (QPAM) rule. The rule is an amendment to prohibited transaction exemption (PTE) 84-14. The rule, which imposes broad disqualifying provisions on retirement plan asset managers who have been convicted of financial crime, takes effect June 17, 2024.

The Department of Labor’s (DOL’s) Employee Benefits Security Administration (EBSA) and the Treasury Department have announced an extension, from April 22 to May 22, 2024, of the deadline for responses to its request for information (RFI) on the effectiveness of SECURE 2.0’s notice and disclosure requirements.

NAIFA’s Policy Director Roger Moore attended NAIC’s Spring National Meeting on March 15-18, where he had the opportunity to strengthen NAIFA’s relationships with state regulators and industry trade partners, as well as advocate for key priorities affecting NAIFA’s members.

On March 8, the Department of Labor (DOL) sent to the Office of Information and Regulatory Affairs (OIRA) for review its proposed new fiduciary rule. This is the last step in the regulatory process prior to finalization of a rule. OIRA is an agency within the Office of Management and Budget (OMB), a White House agency.

Congress has passed, and President Biden has signed into law a “minibus” government funding bill that provides discretionary funding for six of the 12 required appropriations bills for fiscal year (FY) 2024. The new funding law, H.R.4366, does not include the industry-sought rider to prevent the Department of Labor (DOL) from further work on its proposed new fiduciary rule.

President Biden’s March 7 State of the Union (SOTU) speech teed up a raft of issues important to NAIFA members and their clients. These are issues that will shape the pre-November election campaigns and the Congressional agenda for both 2024 and 2025.

The $7.3 trillion Fiscal Year (FY) 2025 Biden budget proposal, released March 11, includes $4.9 trillion in new taxes—mostly in corporate and “tax the rich” proposals—with $3 trillion of that allocated to deficit reduction. The budget spending proposals for FY 2025 are in line with the spending targets set in last year’s Fiscal Responsibility Act (FRA). According to the budget documents, it would reduce the deficit by some $3 trillion over ten years.

The House passed H.R.7024, a tax bill that would enhance several key business tax rules as well as the child tax credit, has hit a hurdle in the Senate. A key Senator (GOP leader of the Finance Committee) and a number of his colleagues want changes to the bill before they will support it.

A bicameral GOP resolution to block the Department of Labor’s (DOL’s) now-final worker classification rule has been introduced. Votes on it in both the House and Senate are expected later this month.

Last month, the Internal Revenue Service (IRS) announced seven warning signs that Employee Retention Tax Credit (ERTC) claims may be in error and urged businesses with ERTC claims to revisit their eligibility status. They said businesses should resolve any issues prior to March 22, the deadline for the agency’s voluntary disclosure program.

Sen. Ron Wyden (D-OR), chair of the tax-writing Senate Finance Committee, has vowed to stop use of private placement life insurance (PPLI) as a tax shelter. He calls PPLI a “$40 billion tax shelter.” Sen. Wyden conducted an 18-month investigation into PPLI and said the results of the investigation prove that PPLI is used only by the ultra-wealthy and serves little to no true-life insurance purpose. Instead, he said, it is no more than a tax shelter for the ultra-wealthy that is not generally available.

On February 5, Reps. Vern Buchanan (R-FL) and Mike Thompson (D-CA), both senior members of the tax-writing House Ways & Means Committee, introduced legislation that would allow use of health savings account (HSA) and flexible spending arrangement (FSA) funds to pay parents’ medical expenses. The Lowering Costs for Caregivers Act, H.R.7222, removes the requirement that parents be dependents for tax purposes before HSA/FSA money can be used to pay their medical expenses on a tax-free basis.

On February 14, a subcommittee of the House Education & the Workforce Committee held a hearing on the Department of Labor’s (DOL’s) proposed new fiduciary rule. Generally, most witnesses and the subcommittee’s Republicans lambasted the proposed rule, saying it would adversely impact retirement savers.

The Department of Labor’s (DOL’s) proposed rule raising the salary threshold for the exemption for white-collar workers from minimum wage and overtime rules has gone to the White House (the Office of Information and Regulatory Affairs, or OIRA) for final review. OIRA review is the last step prior to finalization of the proposed rule.

A House Republican has introduced legislation to prevent the Department of Labor (DOL) from finalizing its proposed rule modifying the white-collar exemption to Fair Labor Standards Act’s (FLSA’s) minimum wage and overtime (OT) rules. On February 15, Rep. Eric Burlison (R-MO) introduced H.R.7367, the Overtime Pay Flexibility Act.

The Senate Health, Education, Labor, and Pensions (HELP) Committee held a hearing on February 28 to examine how to increase retirement financial security through defined benefit (DB) plans, defined contribution (DC) plans, and Social Security. There was considerable focus on whether the Social Security wage base disproportionately taxes income that makes up the base of Social Security benefits. For example, one witness noted that when Social Security started, the wage base for lower income workers captured 2 percent of income whereas now it now captures 12.4 percent.

Business groups are fighting back against the Department of Labor’s (DOL’s) proposed rescission of the rules governing association health plans (AHPs). The groups say AHPs are a way to make affordable health insurance accessible to small businesses and self-employed individuals.

On February 28, Senate Republican Leader Sen. Mitch McConnell (R-KY) announced he would step down as leader of the Senate Republicans in November. The longest-serving Senate leader in U.S. history, Sen. McConnell said he would continue as the Senate’s Republican leader for the rest of this year (at least until the chamber’s GOP Senators elect a new leader after the November general elections). He also said he would finish his Senate term—that is until the end of 2026.

On February 27, the Senate Health, Education, Labor, and Pensions (HELP) Committee voted, 11 to 10 along party lines, to send President Biden’s renomination of Julie Su as Secretary of the Department of Labor (DOL) to the full Senate for a confirmation vote.

As of March 2024, 90% of states have adopted the NAIC Best Interest Model. Vermont, New Hampshire, California, and Indiana are the most recent states to align in uniformity with other states who enacted the NAIC Model. This milestone was achieved as the Department of Labor (DOL) chose to advance its proposed and revived fiduciary-only proposal, “Retirement Security Rule,” for review by the White House Office of Management and Budget (OMB). Unlike this proposal, the best interest standard adopted in 45 states, ensures that all savers, particularly financially vulnerable middle-income Americans, can access information about different choices for long-term security in retirement.

In February, Rep. Brad Finstad (R-MN) introduced the House companion bill of the Prove It Act with Reps. Yadira Caraveo (D-CO) and Nathaniel Moran (R-TX). Senate Small Business and Entrepreneurship Committee Ranking Member Joni Ernst introduced the companion legislation last year. The Prove It Act aims to give small entities a seat at the table during the regulatory process and aims to limit regulatory burden on small businesses.

On January 18, just one day before the deadline after which the government would have begun its partial shutdown, the Senate passed a continuing resolution (CR) that extends current government funding levels until March 1 for four of the 12 appropriations bills and March 8 for the remaining eight. The vote was 77 to 18. Just hours later, the House followed suit, passing the measure under suspension of the rules. The vote was 314 to 108. President Biden signed it into law on January 19.

On January 31, the House of Representatives passed a $78 billion tax package, H.R.7024, the Tax Relief for American Families and Workers Act. The bill contains some provisions that may be helpful to NAIFA members, i.e., increased expensing, a higher reporting threshold, and larger business loan interest deductibility. It also contains, as an offset, a provision that cuts off new ERTC claims.

The individual income, capital gains, and estate tax rules enacted in 2017 expire at the end of 2025. These were significant tax cuts and already Congress and the private sector are gearing up for a major battle over which of these rates and rules should be extended or allowed to sunset. One such rule that is key to many NAIFA members is section 199A, the 20 percent deduction for certain noncorporate business income.

A coalition of small business groups is urging Congress to extend by 90 days the proposed cut-off of employee retention tax credit (ERTC) claims. The Coalition to Preserve American Jobs is arguing that cutting off claims on January 31 would be “slamming the door on many eligible small business owners” right as the tax filing season begins.

On February 7, Rep. Richard Neal (D-MA), ranking member of the House Ways & Means Committee and a chief architect of SECURE and SECURE 2.0, reintroduced his automatic IRA program bill. The bill would impose a penalty tax on employers with more than ten employees that do not have a retirement savings plan in place if they do not set up an automatic enrollment IRA program (or another form of automatic contribution retirement savings plan) for their workers. The bill would not require employer contributions. It would allow employees to opt-out. And it provides a tax credit for small employers to defray the administrative cost of the program.

The Death Tax Repeal Act (H.R. 7035) was introduced in the House of Representatives on January 18. The bill has more than 160 cosponsors (although all but one are Republican). Its primary author is Ways & Means Committee member Rep. Randy Feenstra (R-IA).

On January 12, the Internal Revenue Service (IRS) released initial guidance on implementation of SECURE 2.0 pension-linked emergency savings accounts (PLESAs). The guidance is in Notice 2024-22.

The Senate Banking Committee held a hearing on January 25 on the National Flood Insurance Program (NFIP). The hearing showcased the concerns of coastal lawmakers, whose constituents stand to benefit or lose the most from any changes to the NFIP.

On January 19, the Department of Labor (DOL), Treasury, and the Pension Benefit Guaranty Corporation (PBGC) issued a Request for Information (RFI) on the disclosure requirements of SECURE 2.0. The agencies said they would use this input to “explore ways to make it easier for workers to understand their benefits.”

On January 25, the Centers for Medicare and Medicaid Services (CMS) issued a request for information (RFI) on how to increase transparency and improve the data capabilities of Medicare-managed care plans. Comments on the RFI are due to CMS by mid-summer.

On February 1, 2024, Representative Brad Finstad (R-MN) introduced the bipartisan Prove it Act in the U.S. House of Representatives. Senate Small Business and Entrepreneurship Committee Ranking Member Joni Ernst introduced the companion legislation last year. The Prove It Act aims to give small businesses a seat at the table during the regulatory process and aims to limit the regulatory burden on small businesses.

On January 2, NAIFA submitted comments to the Department of Labor (DOL) on its proposed fiduciary-only rule. The comments pointed out the harm the proposal would do to middle class retirement investors and to financial professionals who already put clients’ interests first. NAIFA recommended that the proposal be withdrawn.

Repeating their testimony at a DOL hearing last month in comments submitted to DOL, industry advocates told a January 10 House hearing that the DOL’s fiduciary-only proposed regulations must be withdrawn. Fifty House members wrote to DOL demanding the rule’s withdrawal. DOL must sift through 19,000+ comments on the rule.

On January 9, the Department of Labor (DOL) released its new, final independent contractor classification regulation. It largely follows the proposed rule, imposing an economic reality based on the totality of the circumstances test to determine whether a worker is an employee or an independent contractor. It contains no industry or occupation exceptions or carve-outs. The rule is effective on March 11, 2024.

On January 5, President Tom Cothron submitted comments to the Centers for Medicare & Medicaid Services (CMS) on behalf of all NAIFA members to express concern over a proposed rule change regarding the Medicare Advantage and Medicare Part D programs.

When the first session of the 118^th Congress ended last month, lawmakers left undone controversial and pressing business that will make January a difficult month. Pending are government funding, international aid, and expiring law issues on which there is as yet little or no consensus. Caught in the crosshairs are a tax package with provisions of interest to NAIFA members, extension of the National Flood Insurance Program (NFIP), and proposals to defund regulatory initiatives like the fiduciary-only rule.

Last month, Congress’ Joint Committee on Taxation (JCT) released its annual “tax expenditure report.” This is a list of many tax code rules that result in the government not collecting tax on what would otherwise be taxable income. Many of these rules directly benefit life and health insurance, retirement savings, employer-provided benefits, and general investments.

Treasury and the Internal Revenue Service (IRS) have announced increased enforcement in connection with employee retention tax credit (ERTC) claims. The agencies are warning about more scrutiny as a result of what they call massive fraud in the pandemic-era tax rule. Now, some in Congress are pushing back, concerned that legitimate claims are not being paid as a result of this increased scrutiny. In addition, Congressional tax writers are looking at the ERTC as a possible source of offsetting revenue for the emerging tax bill (see story below).

Currently there are two principal tracks for tax legislation in 2024. The first is an emerging $78 billion package aimed at providing a combination of business and individual tax relief in certain discreet areas. The second is a bigger picture bill that would address the fact that more than half the tax code is scheduled to expire at the end of 2025. Both have significant implications for NAIFA members and their clients.

Last month, the Department of Labor (DOL) proposed rescission of the 2018 association health plan (AHP) regulations. AHPs are designed to allow small employers to band together to achieve cost-effective health insurance availability.

The Centers for Medicare and Medicaid Services (CMS) has announced new cost-sharing limits and required contribution percentages for the 2025 benefit year. For the 2025 calendar year, the self-only coverage annual limitation on cost-sharing is $9,200. It is $18,400 for other than self-only coverage.

On January 8, President Biden officially renominated Julie Sue as Secretary of Labor. Su failed to win the votes needed to confirm her last year, but Senate leadership pulled her nomination from the floor rather than allowing a vote against her. Su is currently serving as acting DOL Secretary.

On December 20, the Treasury Department issued a “grab bag” of guidance on the new retirement savings rules and opportunities in the SECURE 2.0 retirement savings law enacted late in 2022. Notice 2024-02 covers a dozen of the law’s provisions, in a question-and-answer format.

At the NAIC’s Fall Meeting in Orlando, Florida (November 30 – December 3), NAIFA’s Policy Director Roger Moore testified against the Department of Labor’s proposed fiduciary-only rule during the Life and Annuities (A) Committee meeting, commenting that the rule will harm lower- and middle-income families. Moore was joined by representatives from coalition partners in expressing strong support for the NAIC’s efforts opposing DOL’s actions.

NAIFA testified on the first day of the two-day (December 12-13) Department of Labor (DOL) fiduciary rule hearing. President Bryon Holz, who appeared with one of his clients, represented NAIFA, telling DOL of the harm its proposed rule would cause for middle-income retirement investors. NAIFA will also submit formal comments to the DOL ahead of the January 2 deadline for close of comments.

As part of NAIFA’s National Leadership Conference, 248 NAIFA leaders from around the country spent December 5 on Capitol Hill, asking lawmakers to support our efforts to kill the Department of Labor’s (DOL’s) proposed fiduciary rule and exempt financial advisors from its worker classification/independent contractor proposed rule.

On November 15, Congress enacted, and on November 17, President Biden signed into law a continuing resolution (CR) that extends current funding for the government’s discretionary spending until early in 2024. It was a two-part extension that was fraught with political peril. Renewed debate—and risk—will peak again right after the holidays.

On December 6, the tax-writing House Ways & Means Committee’s Subcommittee on Tax Policy held a hearing to look into extending those 2017 Tax Cuts and Jobs Act (TCJA) individual and estate tax provisions that are set to expire as of 2026. There was, of course, the predictable partisan squabbling over “tax cuts for the wealthy” as compared to “tax cuts that stimulate economic growth.” But there was also considerable evidence that there is bipartisan support for a fair number of the TCJA’s provisions, and for some other tax cut ideas.

On December 6, professional staff to Congress’ retirement savings committees released a draft of their proposed SECURE 2.0 technical corrections package. The committee staff are requesting input from stakeholders to be sure the proposed fixes work, and to provide one last opportunity to add any newly identified errors that need correcting.

The issue of “wealth taxes”—particularly whether investment wealth in the form of unrealized gains can be subject to current income tax liability—is swirling in Washington this month. Both the Supreme Court and Congress are confronting the issue.

Treasury and the Internal Revenue Service (IRS) continue to ratchet up pressure on employee retention tax credit (ERTC) claims that they say show evidence of fraud. That, in turn, puts pressure on ERTC claims that, while not necessarily fraudulent, may contain errors and thus attract the attention of government officials cracking down on ERTC claims.

On November 24, the Treasury Department and the IRS issued proposed regulations implementing the rules of the provision in the SECURE retirement laws that qualifies long-term (those who have worked two years or more for an employer), part-time (those who work at least 500 hours/year) employees to participate in an employer-sponsored retirement savings plan.

Congressional Republicans are fighting back against the Department of Labor’s (DOL’s) proposed rule to increase the salary threshold below which the white-collar exception to the Fair Labor Standards Act’s (FLSA’s) overtime (OT) rules would not apply.

Ideas for the emerging “SECURE 3.0” retirement savings bill—which is still early in the development phase—are beginning to proliferate. Here is a summary of some of the idea's lawmakers are considering for the next-generation retirement savings legislation.

A new poll shows that 85 percent of voters in battleground states support a federal paid leave program. And 65 percent of those polled said they would be motivated to vote based on the federal paid leave issue.

During the NCOIL Fall Meeting, an Industry Education Council (IEC) Board vote was taken to have NAIFA’s State Government Relations Manager, Bianca Alonso Weiss, serve a 2-year term. The NCOIL Life Insurance is a Promise for Life Model Act was put on hold. Committee Chair Representative Carl Anderson (S.C.) states that industry representatives had withdrawn their requests to speak as a result.

On October 31, the Department of Labor (DOL) released its new proposed fiduciary rule (which they renamed the retirement security rule). The proposal triggered immediate and intense opposition from NAIFA and from most of the retirement savings community.

Authority for federal discretionary spending expires at midnight November 17. Yesterday the House passed the legislation unveiled by GOP House leadership last Saturday, the Further Continuing Appropriations and Other Extensions Act, to fund the government’s discretionary spending beyond expiration on November 17 of its current spending authority. The vote was 336-95. Only 2 Democrats voted against it.

Bipartisan legislation to create a federal retirement savings plan has been introduced in both the House and Senate. The Retirement Savings for Americans Act (RSAA) was introduced on October 19 in the Senate by Sens. John Hickenlooper (D-CO) and Thom Tillis (R-NC). In the House, the RSAA was introduced by Reps. Terri Sewell (D-AL) and Lloyd Smucker (R-PA).

A bipartisan pair of House tax writers introduced legislation giving very small businesses (those with ten or fewer employees) a tax credit for establishing a new retirement savings plan for their workers. H.R.6007 was introduced on October 23 by Ways & Means Committee members Reps. Claudia Tenney (R-NY) and Dan Kildee (D-MI).

Laying the groundwork for more proposals to reduce or eliminate the growing economic gap between the wealthy and working American families, both the Senate Budget and Finance Committees held hearings on the wealthy’s tax liability. The Budget Committee hearing was held on November 8; the Finance Committee hearing was November 9.

In what turned into a partisan slugfest, on November 7, the House Ways & Means Committee held a hearing on the impact of the Department of Labor (DOL) rules on environmental, social and corporate governance (ESG) factors surrounding retirement plan investment choices. Generally, the committee’s GOP members slammed the permissibility of considering ESG factors in evaluating the appropriateness of certain investments for inclusion in a tax-favored retirement savings plan. By contrast, Democrats say the ESG rule is timely and appropriate in the context of retirement savings plan investment choices.

On November 1, the Internal Revenue Service (IRS) released inflation-adjusted retirement and benefits plan contribution limits for 2024. Next year, 401(k) savers will be allowed to contribute $500 more than they can in 2023.

On October 18, the Internal Revenue Service (IRS) announced its criteria for evaluating a business’ eligibility for the pandemic-era employee retention tax credit (ERTC). In their memo on how the agency will be examining still-pending ERTC claims, the IRS said that ERTC eligibility required an order from the Occupational Safety and Health Administration (OSHA) to prevent spreading COVID-19 to qualify for the credit. Reliance on guidance only would be insufficient, the IRS said.

New Speaker of the House Rep. Mike Johnson (R-LA) promised to establish a bipartisan debt commission to address growing federal debt and deficit concerns. The commission would focus on revenue (taxes), spending, and the central role of entitlement programs like Social Security, Medicare, and Medicaid. The federal debt reached $1.7 trillion in FY 2023.

On September 30, in a last-minute maneuver that pitted hard-right conservative House Republicans against the perceived disaster of a government shutdown, Congress approved a “clean” continuing resolution (CR) that will keep the federal government funded and operating until November 17. The CR also extends authorization and funding for the National Flood Insurance Program (NFIP) until November 17.

The House of Representatives is in turmoil. On October 11, Rep. Steve Scalise (R-LA) beat rival Rep. Jim Jordan (R-OH) to win his party’s nomination to be Speaker of the House by a narrow 113-99 secret vote. But Rep. Scalise withdrew from the race some 24 hours later, determining that he could not get the 217 votes needed to win on the House floor. Then, on October 13, Rep. Jordan won a GOP Conference vote to become the House GOP nominee for Speaker—but his vote total was 93 short of the 217 needed on the House floor. So, going into the evening of October 16, the House is still without a Speaker, or any prospects for one. And thus, all House business remains at a halt pending the election of a new Speaker.

On September 28, the House Ways & Means Committee approved legislation, HR 5687, that expands health savings account (HSA) rules to include an increase in the out-of-pocket costs associated with the HSA’s accompanying high deductible health plans (HDHPs). Those limits currently are $7,500 for self-only coverage, $15,000 for family coverage, and $1,000 in catch-up contribution authority. Under current law, HSA contribution limits are much lower--$3,850 for self-only HSAs and $7,750 for HSA owners with family coverage.

On September 14, the Internal Revenue Service (IRS) announced it had stopped processing all new coronavirus-era Employee Retention Tax Credit (ERTC) claims, and that claims submitted prior to September 14 will be subject to enhanced examination and considerable delay before payment of those claims it determines to be valid. The IRS actions are in light of reports of rampant fraud among those seeking to claim the ERTC.

On September 28, the Department of Labor’s (DOL’s) Wage and Hour Division (WHD) sent to the White House’s Office of Management and Budget (OMB) for pre-release review (and authorization to release) its final new rules on worker classification.

There is a slew of pending regulations on such issues as the fiduciary rule, retirement savings, and health insurance nearing release. Below is a summary of some of the ones that will have the most impact.

On September 20, the House Budget Committee, by a party-line 20 to 14 vote, approved a fiscal year (FY) 2024 budget that balances the federal budget within ten years, and calls for a commission to deal with entitlements. It also provides for permanence and/or extension of the Tax Cuts and Jobs Act (TCJA) individual and estate tax rules. Generally, these TCJA tax cuts expire in 2026.

A Texas judge has ruled against a challenge to Biden Administration environmental, social, and governance (ESG) rules that allow fiduciaries to consider ESG factors in selecting retirement plan investment choices. House action to roll back the rules is pending.

On September 29, the U.S. Securities and Exchange Commission issued a proposed rule to implement the Registration for Index-Linked Annuities (RILA) Act, which directed the SEC to devise a new form for annuity issuers to use when filing registered index-linked annuities (RILAs). That legislation was enacted in December 2022 as part of the Consolidated Appropriations Act, 2023 which also included the Secure 2.0 Act.

In Notice 2023-62, the IRS and Treasury clarified that many catch-up contributions for 2024-2025 will not have to be Roth contributions for taxpayers earning $145,00/year or more.