Retirement Plans Newsletter

September 6, 2019

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Jobs

Self-Funded Health Plan Operations Senior Director
University of California Office of the President
in Oakland CA

Talent Acquisition Manager
Nova 401(k) Associates
in Houston TX / Telecommute

Manager, Pension Administration
Ascensus
in Charlotte NC

Sr Retirement Plan Consultant
Ascensus
in Charlotte NC

Implementation / Conversions Specialist
BlueStar
in Jacksonville FL / Telecommute

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Webcasts, Conferences

Auto Portability
September 25, 2019 WEBCAST
EBRI [Employee Benefit Research Institute]

Emergency Savings
September 26, 2019 WEBCAST
EBRI [Employee Benefit Research Institute]

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►See 1541 Recorded Webcasts


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[Guidance Overview]

IRS Provides Reminder That Employers May Not Currently Deduct Contributions of Their Own Debt Securities

"The 2018 tax filing deadline for employer 'grace period' contributions to their pension plans is coming up on Friday, September 13, 2019.... [IRS Chief Counsel Memo 201935011] explains: [1] An employer's contribution of its own promissory note is not deductible as an actual payment 'regardless of whether the note is secured or transferable.' [2] This same 'no-deduction' principle applies if the employer's debt is publicly traded or if the debt is issued by a member of the plan sponsor's 'controlled group.' "

Groom Law Group

[Advert.]

Last Chance to Register for Collection Procedures Institute

Sponsored by International Foundation of Employee Benefit Plans [IFEBP]

Collecting benefits payments is a complex process -- The Collection Procedures Institute in Boston this month will provide you with the information you need to fulfill your responsibilities. Learn best practices and network with peers. Register now!


[Guidance Overview]

SEC Applies Fiduciary Duties Analysis to Voting Obligations

"While the Voting Interpretation provides guidance that would be helpful for registered investment advisers in crafting their proxy voting policies, the Voting Interpretation is intended to apply to all investment advisers irrespective of their registered status. [This article provides] a summary of the Voting Interpretation and a checklist to aid in updating compliance manuals to address these issues."

Akin Gump

Target Date Funds May Not Play Well with Others in Defined Contribution Plans

"[Mixed target-date fund investors'] allocations are consistent with a retirement year that is 10 years later than their actual vintage.... [T]he average allocation of mixed target-date fund investors is 37% target-date funds, 49% equity funds, and 13% bond funds. ... [M]ixed target-date fund investors' average level of sophistication appears to fall between that of default investors and that of self-directing investors."

Morningstar Advisor

Anticipating Changes to Form W-4P for 2020

"The IRS has released two draft revisions to the 2020 Form W-4, most recently on August 2, 2019. These draft revisions incorporate changes from the TCJA that will make the form easier to understand and help minimize administrative burdens on employers. The draft revisions to the Form W-4 do not mention any changes to the Form W-4P. With only a few months remaining in 2019, even if the IRS does release and finalize changes to Form W-4P for 2020, employers and record keepers will have only a short time to update their administration."

Ice Miller LLP

403(b) Plan Enhancement Guide (PDF)

14 pages. "This paper extends the work of NTSA’s 2018 survey of public education 403(b) retirement plans to offer suggestions on how to further improve the 403(b) benefit and encourage greater employee participation and savings."

National Tax-Deferred Savings Association [NTSA]

Notes from American Academy of Actuaries Meeting with Agencies to Discuss MPRA Application Process and Other Matters Related to Multiemployer Pension Plans (PDF)

12 pages. "On March 14, 2019, members of the Multiemployer Plans Committee of the American Academy of Actuaries met with officials of the U.S. Department of Treasury, the [PBGC], and the [DOL]. The first portion of this meeting pertained to applications by plans in critical and declining status to suspend benefits or partition liabilities as permitted under the Multiemployer Pension Reform Act of 2014 (MPRA). Discussion also covered the topics of withdrawal liability, mergers and transfers, and possible multiemployer pension reform legislation."

American Academy of Actuaries

[Opinion]

Roth IRAs Versus Traditional IRAs: Implications for Individuals and Government (PDF)

"This policy brief summarizes the impact of traditional individual retirement accounts and Roth individual retirement accounts on personal choices and on government finances. Although the accounts are equivalent under certain circumstances, in practice they often differ in important ways for both individuals and the government."

Tax Policy Center

Benefits in General

Federal Court Certifies Class in Multiple-Plan ERISA Challenge to Health Plan and Retirement Plan Fees

"The court held that for purposes of class certification, the plaintiffs only needed to establish that they had standing to bring each claim asserted on behalf of the class; the plaintiffs did not have to actually be participants in every plan involved." [Chavez v. Plan Benefits Services, Inc., No. 17-659 (W.D. Tex. Aug. 30, 2019).]

McDermott Will & Emery

How Does a Plan Sponsor Know When a Participant Makes a Claim for Benefits?

"If you’re uncertain whether the communication received qualifies as a claim for benefits, it’s generally good to first assume that all communications from plan participants, beneficiaries, and third-party designees deserve a response. This may be as simple as providing the requested documents along with a letter stating that they did not seem to make a claim. This puts the recipient on notice that the plan sponsor did not see a claim."

Hall Benefits Law

[Opinion]

How Your Employer Uses Perks to Control Your Life

"Like government welfare, offering any benefits that people come to rely on is also a convenient vehicle to mold their behavior. And just as Henry Ford sought to transform auto workers through a generous though invasive profit-sharing program, today’s employers also use perks to influence our behavior in subtle and not-so-subtle ways."

Elizabeth Tippett and Jesse Paul, for The Colorado Sun

Press Releases

Jake Spiegel Joins Employee Benefit Research Institute
EBRI [Employee Benefit Research Institute]

NAPA Announces the Retirement Industry's Top 100 DC Wholesalers
National Association of Plan Advisors [NAPA]

Most Popular Items in the Previous Issue

IRS Expands EPCRS for Qualified Plans (PDF)
Groom Law Group, via TAXES The Tax Magazine

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BenefitsLink Retirement Plans Newsletter, ISSN no. 1536-9587. Copyright 2019 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.

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