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[Guidance Overview]
"[T]he CARES Act allows plan sponsors to delay until January 1, 2021 contributions otherwise due during 2020 ... The deduction rules have not changed.... [M]inimum contributions must increase with interest from the valuation date until the deposit date.... [T]he CARES Act permitted plan sponsors to elect to use the AFTAP certified for the last plan year ending in 2019 for any plan year that covered part of 2020.... [The IRS] requires written notification of the election by the plan sponsor to the plan's enrolled actuary and to the plan administrator.... [T]he election only applies prospectively from the date that the plan sponsor made it[.]" 
Cowden Associates, Inc.
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[Guidance Overview]
"Implementing the IFR may require many recordkeepers and other service providers to develop new systems capable of making the required disclosures.... [R]ecordkeepers that currently provide lifetime income estimates will need to determine if they want to change their estimates in order to conform to the IFR or, alternatively, provide both sets of estimates.... [T]he DOL is seeking comments on the assumptions and methodology used to derive the [lifetime income illustrations], the required participant explanations/model language, as well as the overall benefits of the [illustrations]." 
Groom Law Group
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[Guidance Overview]
"The Interim Rule provides different disclosure requirements for plans that allow participants to purchase deferred income annuity contracts or qualifying longevity annuity contracts but excludes such disclosures from the limitation on liability otherwise available under the Interim Rule.... [A]ny portion of a participant's account that is not invested in such deferred annuities must still be converted into the lifetime income stream illustrations in accordance with the Interim Rule's requirements and assumptions." 
Sidley Austin LLP
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[Guidance Overview]
"[C]hanges that qualified governmental plans should consider making to their Special Tax Notices[:] [1] New exception to 10% additional tax under Code Section 72(t)(1) for Qualified Birth or Adoption Distributions ... [2] Increase in individual's Required Minimum Distribution age ... [3] Coronavirus-related distributions." 
Ice Miller LLP
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[Guidance Overview]
"The DOL, although candid about the lack of guidance provided, does not explain how pooled employer plans can be structured like existing multiple employer plans, since the DOL preamble also states that the SECURE Act's 'bad apple' relief is only available to multiple employer plans that comply with the SECURE Act, and thus the major operational confusion for existing multiple employer plans remains to be resolved." 
The Wagner Law Group
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[Guidance Overview]
"Last year, the IRS opened the determination letter process for a limited time period for individually-designed hybrid plans.... Determination letter applications under this limited opportunity must be filed by August 31, 2020.... While the deadline for the filing was not extended and remains next Monday, August 31, 2020, applicants are permitted to submit 'incomplete' filings by August 31, 2020, and supplement the applications through the end of 2020.... This publication did not give any relief for obtaining signatures on the applicable filing forms or for providing notices to interested parties." 
Seyfarth
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"Though they applaud the direction the [DOL] is taking, expert ERISA attorneys say a new proposed rule does not sufficiently explain how pooled employer plans can be structured like existing multiple employer plans." 
planadviser
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"If you received your RMD in July or August, the normal 60-day deadline will give you additional time beyond August 31 to repay the RMD. And, if you are a 'qualified individual,' you don't have to sweat the August 31 or 60-day deadlines at all because you have plenty of time to repay your RMD.... Since your RMD is a CRD, you have three years to return it to an IRA or workplace plan." 
Slott Report
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"Almost a quarter of U.S. workers (22%) have borrowed money from their retirement accounts.... As the pandemic continues throughout 2020 and even into 2021, more reports are expressing concerns over its effect on the retirement industry.... [A] World Economic Forum estimate ... projects the retirement savings gap will grow by 5% each year and ultimately reach $400 trillion by 2050." 
planadviser
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"Appellants claim they are entitled to [special early retirement] benefits after Mueller Group, LLC, the former parent company of U.S. Pipe, which employed them, sold its interest in U.S. Pipe to USP Holdings. Upon the sale, Appellants kept their same jobs at the same plant; the Bessemer plan never shut down.... The court rejected Appellants' 'metaphysical argument' that they were laid off because they lost their jobs with Mueller even though they kept their jobs at the Bessemer plant." [Hill v. Employee Benefits Admin. Comm. of Mueller Grp. LLC, No. 18-14026 (11th Cir. Aug. 24, 2020)] 
Kantor & Kantor
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"During July, the estimated cost to transfer retiree pension risk to an insurer decreased by 140 basis points, from 104.2% of a plan's total liabilities to 102.8% of those liabilities. This means the estimated retiree PRT cost for the month is now 2.8% more than those plans' retiree accumulated benefit obligation (ABO)." 
Milliman
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BenefitsLink Retirement Plans Newsletter, ISSN no. 1536-9587. Copyright 2020 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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