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Retirement Plans Newsletter
December 31, 2021
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5 New Job Opportunities
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[Guidance Overview]
IRS Determination Letter Program, Then and Now (PDF)
"The IRS determination letter program (Form 5300) is a cornerstone of the favorable tax treatment for individually designed qualified plans.... The program has undergone changes over the years, but it remains an invaluable benefit to plan sponsors that offer custom-designed
tax-favored plans." MORE >>
Groom Law Group, via Taxes the Tax Magazine
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[Guidance Overview]
Stock Plans: International Reporting Requirements (PDF)
"This White Paper highlights some of the principal annual or quarterly reporting requirements for employee stock plans that multinational companies most commonly encounter when offering these programs to their employees in selected jurisdictions worldwide. A chart summarizing
these items [is included]." MORE >>
Jones Day
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[Guidance Overview]
IRS Shuts Down U.S.-Malta Treaty-Based Pension Tax Shelter
"[A] competent authority arrangement (CAA) between the US and Malta.... [states] that it is the understanding of both
countries' tax authorities that a fund, scheme or arrangement is not operated principally to provide pension or retirement benefits, and thus not a pension fund for treaty purposes, if it allows participants to contribute property other than cash, or does not limit contributions by reference to income earned from employment and self-employment activities." MORE >>
Groom Law Group
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Court Enforces DOL Subpoena Seeking ERISA Plan's Cybersecurity Information
"The subpoena is part of an investigation into the service provider after it allegedly processed unauthorized distributions as a result of cybersecurity breaches relating to its ERISA plan clients. Moreover, it is alleged that the service provider, Alight Solutions, did not
immediately report the cyber breaches and the related unauthorized distributions to its clients after Alight discovered the breaches and instead waited months to notify the affect plans." [Walsh v. Alight Solutions, LLC, No. 20-2138 (N.D. Ill. Oct. 28,
2021)] MORE >>
Hodgson Russ LLP
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6% of Pay Becomes Most Common 401(k) Default Deferral Rate
"For the first time, the most common default deferral rate is now 6% of pay (32.9%) rather than the 3% of pay that has been the norm since 2006 (29% of plans)." MORE >>
401(k) Specialist
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Benefits in General |
What to Keep on Your Radar, and a Wish List for 2022
"[1] The Supreme Court could limit 401(k) and 403(b) fee litigation.... [2] More about surprise billing and health care ... [3] Amendments and more amendments to pension plans.... [4] New legislation.... [5] Changes to Trump administration investment
guidance.... [6] Clarification of arbitration rules? ... [7] Cryptocurrency as a plan investment.... [8] Cybersecurity will continue to take center stage." MORE >>
Cohen & Buckmann, P.C.
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In Memoriam: John Mark Vine
"John Mark Vine of Washington, DC, passed away on Wednesday, December 1, 2021.... He came to Washington to clerk for Judge Arnold Raum on the U.S. Tax Court and spent the remainder of his legal career at Covington & Burling, where he was instrumental in shaping important
aspects of [ERISA] following its passage in 1974.... In addition to his groundbreaking work in the areas of employee benefits and executive compensation, John was a model and teacher for generations of younger lawyers." MORE >>
NJ.com
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Employee Benefits Jobs |
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Selected New Discussions |
Is This Person Excludable from the Participation Test?
"Cash balance plan (half of a combo) had 6 eligible employees during the year. One of them terminated with fewer than 500 hours. And the plan requires 1000 hours for an accrual. Seems easy... but the plan has separate classes for the contribution credits, and her class always
gets zero. Did she fail to accrue solely based on the lack of hours?"
BenefitsLink Message Boards
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Operation of Plan Provisions for Otherwise Excludable Employees
"Does the 'otherwise excludable employee' provision consist of two options: [1] Otherwise Excludable Employees -- where any employee HCE or NHCE is removed from testing, thus two tests -- one
for everyone meeting max age and service, and one for those who are otherwise excludable under max age and service. [2] Early Participation rule -- where you only exclude the NHCEs who have not met max age and service but would keep any HCE who has not met max age and service in the testing with everyone who met max age and service."
BenefitsLink Message Boards
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Last Issue's Most Popular Items |
Text of Instructions for IRS Form 8950: Application for Voluntary Correction Program (VCP) Under the Employee Plans Compliance Resolution System (EPCRS) (PDF)
Internal Revenue Service [IRS]
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Cash Balance Plans: Advantages and Disadvantages
Retirement Management Services, LLC
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Auditing Standard SAS 136: Raising the Bar for Retirement Plan Sponsor Fiduciary Committees
Mintz
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BenefitsLink Retirement Plans Newsletter, ISSN no. 1536-9587.
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