Plan Administrator BlueStar Retirement Services, INC. Telecommute / Jacksonville FL
	Retirement Plan Administrator CMC Pension Professionals Telecommute / Glendale CA
	Distribution Specialist II Nova 401(k) Associates Telecommute / Houston TX / Dallas TX / Scottsdale AZ

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[Guidance Overview]

A Retirement Plan Committee Checklist for Alternative Retirement Plan Investments

"Using guidance from the [DOL] concerning the fiduciary responsibilities of plan sponsors, including a June 3, 2020 DOL Information Letter addressing private equity investment within participant-directed retirement accounts, [this article provides] is a broad checklist of some items a retirement plan committee might consider when deciding whether to expand investment offerings." 

Carlton Fields

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Virtual SPARK Forum — Nov. 4–6

The retirement services industry's leading event for top 401(k) Plan providers, advisors, consultants, administrators & recordkeeping professionals. Join the Virtual SPARK Forum, gain expert insights and strategies to solve your most pressing challenges. 

[Guidance Overview]

New IRS Guidance Reminds Employers About New Long-Term Part-Time Employee Eligibility Rules for 401(k) Plans

"Employers are not required to keep track of 12-month periods of service that began before plan years beginning on or after Jan. 1, 2021, for purposes of identifying [long-term part-time (LTPT)] employees. The first plan year in which an LTPT employee will be eligible to make elective deferrals is the plan year that begins on or after Jan. 1, 2024. So, there is still a while before LTPT employees will begin to be permitted to make elective deferrals, but employers need to start keeping track of hours during the 2021 plan year." 

Porter Wright Morris & Arthur LLP

Amicus Brief of American Benefits Council to Ninth Circuit on Plan Fiduciary Liability for Miscalculation of Benefits by TPA

"Plaintiffs have no plausible allegation that the Plan's fiduciaries knew or should have known that two participants -- in a plan of over 110,000 participants -- received some incorrect benefit calculations from Alight. Imposing liability on the Plan's fiduciaries in these circumstances would amount to strict liability." [Bafford v. Northrop Grumman Corp., No. 18-10219 (C.D. Cal. Jan. 7, 2020; on appeal to 9th Cir. No. 20-55222)] 

American Benefits Council

Who You Gonna Call? Implementing a Cybersecurity Breach Communication Plan

"What's the difference between an incident response plan and a communication plan? ... Invest in your help desk, the first line of defense ... Let people know that you're on top of it ... Know when and how to escalate your response ... Letting the world know what's happened ... You can't resolve your cybersecurity breach without communication." 

Segal

How Do Business Leaders Respond Both Managerially and Financially to Abrupt Change? (PDF)

"The intention of this article is to provide some ideas related to the questions: How does one respond to abrupt change? How does a company survive through abrupt change? How does a business continue to support its internal team, external referral sources, and clients during extreme change and uncertainty?" 

Pinnacle Plan Design, LLC, via Journal of Pension Benefits

[Guidance Overview]

Pay Ratio Disclosures: Annual Proxy Statements Filed in 2021 May Need a New Median Employee Determination

"The final rule [requires] each company to make a new determination of the company's median employee at least once every three years.... The disclosures in the annual proxy statement must describe the methodology used to identify the median employee and any material assumptions, adjustments or estimates used.... [W]hen calculating the median employee's annual total compensation, companies must use the same rules they apply to determining the CEO's annual total compensation[.]" 

Thompson Coburn

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Lump Sum Payout of Vacation Pay — Considered as Compensation for 401(k) Plan Purposes?

"Is a final lump sum payment of vacation pay eligible for 401(k) deferrals and a matching contribution? We match each paycheck. Our plan excludes pay after termination. We allowed this particular employee to defer but no matching contribution was made due to an issue in our HRIS system." 

BenefitsLink Message Boards

Filing Final 5500 for an Abandoned Plan

"We have a plan that has no assets. The proceeds were distributed in 2019. The company dissolved and the prior signer is claiming there is no one to sign the final 5500. How this should be handled?" 

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Press Releases

Sankaty Light Benefits Launches Unique Health Insurance Plan
Sankaty Light Benefits

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Most Popular Items in the Previous Issue

Third Party Administrator May Be Held Liable for ERISA Fiduciary Breach and Consumer Fraud Following Plan Data Breach
The Wagner Law Group

Tax-Exempt Entity 457(b) Plans and the Tax Consequences of Noncompliance
Davis, Malm & D'Agostine P.C.

Nonqualified Deferred Comp Plans Must Be Amended by December 31 to Remove Mandatory Payment Delays Due to 162(m) Nondeductibility
Trucker Huss