The Washington Report

---

If you elect to comment or engage with our content via third-party social media websites, you authorize Aon to have access to certain social media profile information. Please click here to learn more about information that may be collected when using these tools on Aon.com

May 18, 2022

Note to Subscribers

While we do our best to provide timely updates, it is possible that the information shared in the newsletter may change after our publication deadline.

Retirement

 

IRS Releases Notice on Extension of Temporary Relief From the Physical Presence Requirement Through December 31, 2022
On May 13, 2022, the Internal Revenue Service (IRS) released Notice 2022-27, which provides a further six-month extension to the temporary relief from the requirement to have the “physical presence” of a spouse in order to have a notary or plan representative witness their written consent to a participant’s election. Absent this extension, the relief under IRS Notice 2021-40 would have expired on June 30, 2022. The relief is now extended through December 31, 2022. Notice 2022-27 continues to allow a notary to witness consent to an election via live audio-video technology that meets the notary requirements following state laws that apply to notaries or to be witnessed by a plan representative using a live audio-video technology that meets specific requirements.

The IRS had previously requested comments relating to the notary process and whether permanent guidance modifying the physical presence requirement should be issued. Some stakeholders requested permanent relief from the physical presence requirement, while others indicated that the requirement should be retained. The IRS and Treasury Department are currently reviewing those comments to determine whether to propose any changes through the regulatory process, which would include the opportunity for further comment.

IRS Notice 2022-27 is available here.

Aon Publications

 

Employer Considerations in Anticipating a Post-Roe World
With national attention focused on whether the U.S. Supreme Court (SCOTUS) will overturn Roe v. Wade when it issues its decision this term in Dobbs v. Jackson Women’s Health Organization, employer plan sponsors are considering various approaches if the SCOTUS decision, expected by the end of June, leads to disparate state laws regarding reproductive services like abortion.

This bulletin addresses:

• State of the States;
• Travel Benefits;
• Taxability;
• ERISA Preemption; and
• Other Considerations.

The Aon bulletin is available here.