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Editor's Pick Long-Term, Part-Time Employees: A Summary of the IRS Regs (PDF)
Smith, Gambrell & Russell, LLP Link to more items from this source
[Guidance Overview]
Dec. 4, 2023

12-page chart details provisions of the proposed regulations, along with plan document requirements and cautionary notes.

Tags: 401(k) Plans  •  Retirement Plan Administration  •  Retirement Plan Design  •  SECURE 2.0  •  SECURE Act

Text of Draft Instructions for 2024 IRS Forms 1099-R and 5498: Distributions from Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, Etc. (PDF)
Internal Revenue Service [IRS] Link to more items from this source
[Official Guidance]
Dec. 4, 2023

24 pages. "What's New: [1] Certain corrective distributions not subject to 10% early distribution tax.... [2] Disaster tax relief.... [3] E-filing returns.... [4] Increase in required minimum distribution (RMD) age.... [4] Information Reporting Intake System (IRIS). " [Also available: Draft 2024 Form 1099-R and Draft 2024 Form 5498]

Tags: IRAs  •  Retirement Plan Administration

Year‑end Health Plan Compliance Reminders
Segal Link to more items from this source
[Guidance Overview]
Dec. 4, 2023

"By December 31, 2023, all health plan sponsors must file their first 'gag clause' attestation. By January 1, 2024, health plans must provide information about rates and cost sharing for all healthcare items and services via a publicly available online tool."

Tags: Health Plan Administration

Editor's Pick 2023 End of Year Plan Sponsor 'To Do' List for Qualified Retirement Plans
Snell & Wilmer Link to more items from this source
[Guidance Overview]
Dec. 4, 2023

"[This article] provides you with a 'To Do' List of items on which you may want to take action before the end of 2023 or in early 2024."

Tags: Retirement Plan Administration

The New Fiduciary Rule, Part 8: Robo Advice and Investment Education
FredReish.com Link to more items from this source
[Guidance Overview]
Dec. 4, 2023

"While the current version of PTE 2020-02 does not extend relief for prohibited transactions resulting from robo advice, the proposal would extend the PTE's protections to conflicts of interest so long as the conditions of the exemption are satisfied. Some commenters have suggested that the new definitions of fiduciary status and of covered transactions are so broad that investment education would be considered fiduciary advice.... [T]hat is an exaggeration."

Tags: Fiduciary Duties  •  Retirement Plan Investments

Massachusetts Paid Family and Medical Leave Program: December 2023 End-of-Year Update
Ogletree Deakins Link to more items from this source
[Guidance Overview]
Dec. 4, 2023

"[The Massachusetts Department of Family and Medical Leave] issued its updated 2024 notices, posters, and rate sheets.... [T]he department appears to have recently begun increasing audits of employers to confirm compliance with notice requirements, and, in some cases, has issued significant fines."

Tags: FMLA and Other Leave  •  Local Regulation

Text of CMS Data Dictionary: 2024 ICHRA Employer Lowest Cost Silver Plan Premium Look-Up Table (PDF)
Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS] Link to more items from this source
[Official Guidance]
Dec. 4, 2023

"[CMS] publishes the Individual Coverage Health Reimbursement Arrangement (ICHRA) Employer Lowest Cost Silver Plan (LCSP) Premium Look-up Table to help stakeholders access individual market Qualified Health Plans LCSP premium data by geographic location. The ICHRA Employer LCSP Premium Look-up Table contains data from states with Federally-facilitated Exchanges and State-based Exchanges on the Federal Platform.... This data dictionary describes the variables contained in ICHRA Employer LCSP Premium Look-up Table." [Also available: 2024 ICHRA Employer Lowest Cost Silver Plan Premium Look-up Table (XLSM)]

Tags: Health Plan Administration  •  Health Plan Costs

VCP Is Still a Winner for Retirement Plan Sponsors
KLB Benefits Law Group, via Bloomberg Law Link to more items from this source
Dec. 4, 2023

"[The Voluntary Correction Program (VCP)] gives the plan sponsor the opportunity to strategize proposed corrections with some flexibility and creativity, negotiating for a golden IRS stamp of approval at the end.... VCP tips: [1] Be prepared for the worst case scenario ... [2] It's okay to make an aggressive first move ... [3] Have a Plan B (or C or D) ... [4] Ask for a conference with manager.... Anything other than a straightforward correction should be assessed for VCP advantages."

Tags: Retirement Plan Administration

Will IBM's Resurrection of Cash Balance Plan Cause a Ripple Effect?
PLANSPONSOR; free registration may be required Link to more items from this source
Dec. 4, 2023

"[W]hile IBM may have been uniquely positioned to revert to its cash balance plan, as the company's [defined benefit] plan, frozen in 2006, is likely now overfunded, many more firms may also be in the position of having an overfunded plan as a result of discount rate changes and high interest rates."

Tags: Cash Balance and Hybrid Plans  •  Retirement Plan Design

Recent ERISA Litigation Highlights
Saul Ewing LLP Link to more items from this source
Dec. 4, 2023

"[This update] explores [1] a decision ordering an IME prior to a ruling on summary judgment motions, [2] the extent claims reporting records can be sealed, [3] the scope of ERISA preemption in the context of removal, and [4] two decisions awarding summary judgment for the defendant despite the plaintiffs having received disability benefits for several years prior."

Tags: Health Plan Administration  •  Health Plan Design

How Social Media Influences Plan Sponsor Communications
PLANSPONSOR; free registration may be required Link to more items from this source
Dec. 4, 2023

"When crafting messages for up to five generations of workers, a more succinct, informal approach can help 'maximize the exposure.'.... Big, blocky chunks of text are out. Short videos and visuals that succinctly drive home a key point are in. Email may reach older generations, but Facebook, LinkedIn and TikTok or Instagram are how many younger plan participants get information."

Tags: Retirement Plan Administration

No Quick Fix: Closing a Public Pension Plan Leads to Unexpected Challenges (PDF)
National Institute on Retirement Security [NIRS] Link to more items from this source
Dec. 4, 2023

45 pages. "This report focuses on five states that ... closed or significantly changed their public pension plans.... Costs have risen markedly for plan sponsors since closing these plans.... This report documents some ways in which these states have attempted to address growing negative cash flows, but those efforts have mostly proven to be temporary fixes rather than long-term solutions that address fundamental challenges."

Tags: Retirement Plan Design  •  State and Local Government Plans

ERISA Plan Sponsors Are Responding to Heightened Fiduciary Risk
Mercer Link to more items from this source
Dec. 4, 2023

"[In a recent survey of employers, almost] three-fourths of respondents indicated that they have taken notice: 28% said they have recently reassessed their welfare plan oversight and fiduciary responsibilities and another 43% plan to do so in the near future.  ... [A]bout half of respondents conduct regular medical claim audits (or have one planned for 2024), which can help identify overpayments and other problems with provider reimbursement."

Tags: Fiduciary Duties  •  Health Plan Administration

Social Security Bridge Option Would Help Reduce Early-Claiming Penalties for Those with Retirement Savings (PDF)
Schwartz Center for Economic Policy Analysis, The New School Link to more items from this source
[Opinion]
Dec. 4, 2023

"A Social Security Bridge option that is formalized, accessible, and easy to understand would allow beneficiaries to boost monthly benefits and help protect against downward mobility in retirement. This bridge, while important for many, is not as relevant for those with little to no retirement savings. Thus, [the authors] also advocate for increasing the Social Security minimum benefit to ensure adequate lifetime retirement income for the over 63 million Americans who will retire without any retirement savings."

Tags: Social Security

You've Had a Restatement: A Primer for Dodd-Frank Clawback Compliance
Willis Towers Watson Link to more items from this source
Dec. 4, 2023

"As of December 1, the public company you work at or with will have adopted a compliant Dodd-Frank clawback policy. Now the hard work begins to figure out exactly how the clawback process will work ... This article covers the essential steps required to complete the process of clawing back erroneously paid incentive compensation. They are process-intensive and scalable to meet each company's unique circumstances."

Tags: Executive comp

Erosion of Job-Based Insurance in Favor of Defined Contribution
Physicians for a National Health Program [PNHP] Link to more items from this source
[Opinion]
Dec. 4, 2023

"An [ACA] mechanism intended to help small companies support ACA health insurance for workers is now being used by large companies to satisfy their ACA obligation to provide insurance to employees ... They're saving money, and selling it as enhancing choice."

Tags: Health Plan Design

IRS Black Friday Special: Proposed Regs on Long-Term, Part-Time Employee Rules (PDF)
Thomson Reuters / EBIA Link to more items from this source
[Guidance Overview]
Dec. 1, 2023

"[W]hile a plan with immediate eligibility for part-time employees would not be subject to the unfavorable break-in-service rules for participation purposes, it also could not benefit from the more lenient nondiscrimination and top-heavy testing rules."

Tags: 401(k) Plans  •  Retirement Plan Administration  •  Retirement Plan Design

Text of Draft IRS Publication 503: Child and Dependent Care Expenses, for Use in Preparing 2023 Returns (PDF)
Internal Revenue Service [IRS] Link to more items from this source
[Official Guidance]
Dec. 1, 2023

21 pages; Nov. 30, 2023. "What's New: The temporary special rules for dependent care flexible spending arrangements (FSAs) have expired."

Tags: Dependent Care

Lessons from the Cornell Excess Fee Case Dismissal
Euclid Specialty Managers Link to more items from this source
[Opinion]
Dec. 1, 2023

"Most of the focus on ... decision from the Second Circuit ... will be on the pleading standard for prohibited transaction claims.... [T]he key lesson of the Cornell case, like the Yale trial, is that the best proof of a fiduciary process in an imprudence case is to show a pattern of investment and fee changes over a course of years." [Cunningham v. Cornell Univ., No. 21-0088 (2d Cir. Nov. 14, 2023)]

Tags: Fiduciary Duties  •  Retirement Plan Investment Costs

IRS Part-Time Eligibility Rules Bring Relief, Surprise, Deadline Concern
planadviser Link to more items from this source
[Guidance Overview]
Dec. 1, 2023

"[If] LTPT employees are [or later become] eligible for employer contributions ... [they] must be granted a year of vesting service for each 12-month period in which the employee is credited with at least 500 hours of service. That is opposed to the 1,000 hours of service requirement generally used as a minimum by plans with a vesting schedule."

Tags: 401(k) Plans  •  Retirement Plan Administration  •  Retirement Plan Design

Agency FAQs Part 63 Address Surprise Billing IDR Batching Issues; Highlight Updated CLAS Guidance (PDF)
Thomson Reuters / EBIA Link to more items from this source
[Guidance Overview]
Dec. 1, 2023

"Two FAQs address IDR batching, while a third addresses the [ACA] requirement to provide certain notices in a culturally and linguistically appropriate manner."

Tags: Health Plan Administration

IRS Issues Comprehensive Guidance on Pre-Approved Retirement Plans (PDF)
Thomson Reuters / EBIA Link to more items from this source
[Guidance Overview]
Dec. 1, 2023

"[1] End of remedial amendment period for timely adopted interim amendments.... [2] End of remedial amendment period for discretionary amendments made by adopting employers.... [3] Failure of adopting employer to timely adopt interim amendment.... [4] Starter 401(k) deferral-only plans.... [5] Qualified pre-approved plan cycles.... [6] Provider applications for opinion letters.... [7] Conformity with Section 403(b) pre-approved plan rules."

Tags: Retirement Plan Amendments  •  Retirement Plan Design

Form 5500 Series Filing Extensions: 2024 Brings Changes
Segal Link to more items from this source
[Guidance Overview]
Dec. 1, 2023

"[S]tarting January 1, 2024, for the first time, plan sponsors will have the option to file the Form 5558 electronically with the DOL, instead of the IRS, using EFAST2 ... Also starting January 1, 2024, the Form 5558 will no longer be the form used for extensions of Form 5330."

Tags: Reporting to Government Agencies  •  Retirement Plan Administration

Tenth Circuit Defines Elements of MHPAEA Claim
Miller & Chevalier Link to more items from this source
Dec. 1, 2023

"[To] state a claim under MHPAEA, [the court said] a plaintiff must: [1] Plausibly allege that the relevant group health plan is subject to MHPAEA. [2] Identify a specific treatment limitation applied to MH/SUD benefits covered by the plan. [3] Identify M/S benefits covered by the plan that are analogous to the MH/SUD care for which the plaintiff seeks benefits. [4] Plausibly allege a disparity between the treatment limitation on the MH/SUD benefits as compared to those placed upon the analogous M/S benefits." [E.W. v. Health Net Life Ins. Co., No. 21-04110 (Nov. 21, 2023)]

Tags: Health Plan Administration  •  Health Plan Design  •  MHPAEA

District Court Upholds PBGC Denial of Special Financial Assistance to a Terminated Multiemployer Plan
The Wagner Law Group Link to more items from this source
Dec. 1, 2023

"The court agreed with PBGC that a terminated plan that remains terminated does not have a zone status and therefore cannot qualify for SFA as a critical and declining status plan.... In addition, PBGC asserted that it may terminate a multiemployer plan involuntarily to prevent the agency's potential long-run loss from increasing unreasonably, which the court in [this] case accepted." [Board of Trustees of the Bakery Drivers Local 550 and Industry Pension Fund v. PBGC, No. 23-1595 (E.D.N.Y. Oct. 26, 2023)]

Tags: Multiemployer Plans  •  PBGC

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