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.