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Retirement Plans Newsletter

February 14, 2021


Exceptional Usefulness and Quality icon DOL's Final ERISA Proxy Voting Rule Largely Changed to Principles-Based Approach (PDF)

16 pages. "The DOL's description of the final rule notes several areas where the rule is intended to align with [SEC] guidance on proxy voting.... [A chart compares] key elements of the final DOL rule and the SEC guidance."  MORE >>

Morgan Lewis, via LexisNexis Practical Guidance

[Sponsor] EXCLUSIVE - Who’s the Employer (WTE)

WTE, 8th Edition, Authored by S. Derrin Watson, JD. Over 30% NEW material. Dozens of new examples. Full explanations of how employer and employee status impact testing. Improved organization -- easy to find answers. or 612-605-2266  MORE >>

Sponsored by

The New E-Delivery Rule: The Price of Simplification

"[R]etirement plans taking advantage of the new rule may face increased exposure to ERISA fiduciary breach claims alleging inadequate cybersecurity measures."  MORE >>

Fred Reish, Bruce Ashton and Stephen Pennartz, via American Retirement Association [ARA]

Are Charter Schools Considered 'Governmental' for Retirement Plan Purposes?

"[M]any retirement plan advisors and consultants assume that charter schools are 'governmental' for tax code (Code) employee benefit purposes. This characterization isn't always clear cut, but the consequences of getting it wrong can be substantial."  MORE >>

Best Best & Krieger LLP

DOL Provides Final Regulations for Pooled Plan Providers

"The final regulations retain much of the same structure as the proposed rule issued last August, with some added clarification on registration requirements."  MORE >>

Hall Benefits Law

DOL Releases Final PTE on Investment Advice

"[PTE 2020-02] becomes effective on February 16, 2021, and outlines the factors that determine whether financial professionals are considered fiduciaries -- while giving clear guidance about how fiduciaries must comply with their responsibilities."  MORE >>



ASC Webcast: EPCRS -- Face Plan Failures Head-on & Succeed!

Learn how to fix plan failures under EPCRS’ Self Correction and Voluntary Compliance Programs with industry renown John Griffin, J.D., LL.M. Register Now!  MORE >>

Sponsored by ASC

Financial Statement Disclosures Unique to Defined Benefit Plans

"[D]efined benefit plans disclosures differ from those required for defined contribution plans ... Standard actuarial reports typically include the components needed ... allowing plan sponsors to simply insert the figures into standard disclosures."  MORE >>


U.S. Pension Briefing, January 2021

"Combining interest rate and investment market movements, most pension plans will see their funded status improve for the month but only modestly."  MORE >>

River and Mercantile

Benefits in General

DOL Announces Fiscal Year 2020 Enforcement Statistics, Reflecting Record-Setting Recovery Amount

"For the year, the DOL handled 171,863 inquiries ... EBSA closed 230 criminal investigations, which led to 59 guilty pleas or convictions and the indictment of 70 persons (including plan officials, corporate officers, and service providers) for crimes related to employee benefit plans."  MORE >>

Thomson Reuters / EBIA

Executive Compensation and Nonqualified Plans

162(m) Grandfathering Rules: Account Balance Plans and Nonaccount Plans

"Whether additional contributions and earnings and losses credited to the account balance after the termination date, (through the earliest possible date the account balance could have been distributed to the employee) are grandfathered depends on whether the terms of the plan require the corporation to make those contributions or credit those earnings and losses through the earliest possible date the account balance could be distributed if it were terminated. The final regulations also provide a similar rule for non-account balance plans."  MORE >>

Fulcrum Partners LLC

ERISA Considerations for Severance Pay Policies Checklist (PDF)

"This Checklist outlines the advantages and disadvantages of maintaining a formal severance pay policy and of the policy complying with [ERISA]."  MORE >>

Practical Law Company

409A Correction Chart

"Last December, the IRS announced an expanded correction program for certain operational errors under Code section 409A. Correction of an error under this program can eliminate, or greatly reduce, the adverse tax consequences for affected executives. Importantly, the IRS program provides an expanded ability to correct errors in past years, but only during 2009. The attached chart summarizes key features of the different correction mechanisms available under the IRS program and outlines generally applicable requirements."  MORE >>

Groom Law Group

Employee Benefits Jobs

View job as Economist
for Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health & Human Services


Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health & Human Services

Telecommute / Woodlawn MD

View job as Benefits Specialist
for Blue Benefits Consulting

Benefits Specialist

Blue Benefits Consulting

Carmel IN / Bloomington IN

View job as Health Information Privacy Specialist (Policy)
for Office for Civil Rights, U.S. Department of Health & Human Services

Health Information Privacy Specialist (Policy)

Office for Civil Rights, U.S. Department of Health & Human Services

Telecommute / Washington DC

Press Releases

OneDigital Acquires Owen & Associates

OneDigital Health and Benefits

Newly Posted Webcasts and Conferences

2018 Nonqualified Deferred Compensation Design Conference

April 14, 2018 in PA

Worldwide Employee Benefits Network (WEB) - Philadelphia Chapter

Last Issue's Most Popular Items

Tracking Federal COVID-19 Laws Affecting Employee Benefits, Jobs (PDF)


DOL Issues Missing Participant Guidance

Seyfarth Shaw LLP

Traditional and Roth Individual Retirement Accounts (IRAs): A Primer (PDF)

Congressional Research Service [CRS]

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BenefitsLink Retirement Plans Newsletter, ISSN no. 1536-9587.

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