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Retirement Plans Newsletter

February 2, 2022

6 New Job Opportunities 6 New Job Opportunities


[Guidance Overview]

DOL Issues Final 5500 Rules for MEPs and PEPs

"The Final Revisions primarily address issues related to multiple employer plans (MEPs) and pooled employer plans (PEPs) and leaves other proposed changes affecting most plans -- including reporting of detailed expenses and IRS compliance issues -- for future rulemaking."  MORE >>

Groom Law Group

[Guidance Overview]

Puerto Rico Treasury Announces Key 2022 Benefit Plan Limits

"The table [in this article] lists the key 2022 limits specified in Circular Letter 2022-01, the corresponding 2021 limits, and the U.S. Internal Revenue Code sections that specify analogous limits."  MORE >>


Exceptional Usefulness and Quality icon A Practical Guide for Selecting DC Plan Lifetime Income Options (PDF)

19 pages. "This paper is intended to provide plan sponsors and other fiduciaries with a practical guide to help in the selection of lifetime income investments. It first explains what it means to be a fiduciary and then discusses the fiduciary duties in the context of providing lifetime income options within DC plans. Although this paper primarily refers to ERISA and 401(k) plans, the general concepts and considerations apply equally to nonā€ERISA DC plans, including church, 457, and 403(b) plans."  MORE >>

Groom Law Group

Hughes v. Northwestern: Key Takeaways for 401(k) and 403(b) Plan Sponsors and Fiduciaries

"Maintaining an unusually large number of investment options on a plan menu will not absolve a fiduciary of its failure to continually monitor and remove or replace poor-performing, high-cost or otherwise imprudent investments from the menu.... Adherence to processes and procedures governing the construction and maintenance of the plan investment lineup and diligent documentation of how those processes have been followed may warrant some judicial deference.... There may be a potential chilling effect on the ever-expanding market of retirement plan investment options."  MORE >>

Ropes & Gray LLP

FAS87 ASC715 Discount Rates and Moody's Rates, January 31, 2022

An unofficial monthly report of the Moody's Daily Long-term Corporate Bond Yield Averages and Moody's Daily Treasury Yield Averages (used as benchmarks by some corporate pension plans).  MORE >>

BenefitsLink Message Boards


DB Plan Funding Strategies: Is the Flexibility Worth the Risk?

"The higher upside potential from re-risking comes at the cost of balance sheet volatility and potential for higher PBGC premiums.... If these risks are beyond the sponsor's tolerance, LDI may provide a more prudent and measured path forward so as not to put recent funded status gains in danger."  MORE >>

Theresa Roy, via BenefitsPro; free registration required

Employee Benefits Jobs

View job as Manager, Client Relationship Management
for Guideline, Inc. Manager, Client Relationship Management

Guideline, Inc.

Remote / CA

View job as Manager, Client Relationship Management
for Guideline, Inc.

View job as OMNI Programmer
for BPAS OMNI Programmer



View job as OMNI Programmer
for BPAS

View job as Compliance Program Manager - Customer Operations
for Guideline, Inc. Compliance Program Manager - Customer Operations

Guideline, Inc.

Remote / CA / CO / FL / GA / ME / TX

View job as Government Filing Operations Associate
for Guideline, Inc. Government Filing Operations Associate

Guideline, Inc.

Remote / CA / CO / FL / GA / ME / NC / TX

View job as Operations Associate - Customer Operations
for Guideline, Inc. Operations Associate - Customer Operations

Guideline, Inc.

Remote / CA / CO / FL / GA / ME / TX

View job as Benefits Advisor (English and/or Spanish)
for Employee Benefits Security Administration [EBSA] Benefits Advisor (English and/or Spanish)

Employee Benefits Security Administration [EBSA]

Remote / New York NY

Selected New Discussions

Effect of Dividend Distribution in 2021 on Eligibility for Net Unrealized Appreciation (NUA) Treatment in 2022

"401k participant has appreciated company stock. Separated from service in 2021. In 2021, he took a distribution of dividends from employer stock.  It's not clear whether he took the distributions while employed or after separation from service. One of the many NUA requirements is to make lump sump distribution in a single year. Does him taking a distribution of dividends nullify NUA? If so, would he be required to wait until the next 'triggering event' to NUA qualify?"

BenefitsLink Message Boards

1099-NEC for Services Rendered on a Plan's Particular Real Estate Investment?

"I was asked by a financial advisor of a single member client just now: 'Should the plan issue a 1099-NEC to a person who did some work on the property the plan owns?' Thinking it through I would say yes. I would also guess that whatever account pays the real estate tax bills would be the account that issues the 1099-NEC. Anyone have a quick answer? Of course the 1099 was due yesterday."

BenefitsLink Message Boards

Lump Sum Windows That Limit Annuity Options

"When offering a lump sum window, I understand that a sponsor is required to also offer eligible participants an immediate annuity that satisfies the QJSA rules. However, I generally see lump sum window designs that limit the annuity options for participants who have not yet attained early retirement age to the QJSA (or QOSA), while providing the full suite of optional forms of benefits to those over early retirement age. Is that legally required (perhaps based upon the anti-cutback rules), or simply a design choice? Could all lump sum participants (who are not otherwise eligible for a distribution) be limited to the QJSA/QOSA?"

BenefitsLink Message Boards

Press Releases

Calfee's Employee Benefits and Executive Compensation Practice Welcomes Partner Jason A. Rothman to Its Cleveland Office

Calfee, Halter & Griswold LLP

DOL Obtains Judgment After Investigation Finds Michigan Company Failed to Forward Retirement Contributions

Employee Benefits Security Administration [EBSA], U.S. Department of Labor

SEC Files Fraud Charges Alleging a Multi-Million Dollar Scheme that Targeted Retirement Accounts

Securities and Exchange Commission [SEC]

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Roth IRAs: What You Need to Know

February 17, 2022 WEBCAST


Retirement Plan Cybersecurity: A Plan Sponsor Obligation

February 22, 2022 WEBCAST

Barclay Damon

Annual Legal and Regulatory Update

March 10, 2022 WEBCAST

Worldwide Employee Benefits Network [WEB] - Northeast Ohio Chapter

Last Issue's Most Popular Items

Tax Court Rejects Aggressive IRA Investment Strategy with Coins in an LLC

The Wagner Law Group

DOL Issues New Guidance on Private Equity Investments in Individual Account Plans

Faegre Drinker

Overview of Employee Benefits Provided to State and Local Government Employees (PDF)

Mission Square Research Institute

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

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