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Retirement Plans Newsletter
August 1, 2022
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4 New Job Opportunities
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[Guidance Overview]
DOL Proposes Extensive Changes to QPAM Exemption (PDF)
"If the changes go forward, they would, among other things, [1] expand the scope of conduct that could disqualify a financial institution from being able to rely on the QPAM Exemption.... [2] require specific provisions in QPAM investment management agreements ...
[3] require firms that rely on the QPAM Exemption to notify DOL that they are doing so; and [4] increase the assets under management and owners' equity thresholds to qualify as a QPAM[.]" MORE >>
Morgan Lewis
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[Guidance Overview]
DOL Proposes New Qualified Professional Asset Manager Requirements
"The most significant proposals relate to the following areas: [1] Requirement to provide notice.... [2] Changes in amounts of net capital and client assets under management (AUM) required for QPAM status.... [3] Significant expansion of disqualifying provisions
for certain criminal convictions and prohibited misconduct.... [4] Protective [investment management agreement] provisions relating to disqualifications." MORE >>
Sidley Austin LLP
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[Guidance Overview]
FICA Tax Withholding and Reporting for Section 457(b) and 457(f) Nonqualified Deferred Compensation Plans
"[This article] provides a brief summary of the timing rules for income tax withholding applicable to 457(b) and 457(f) plans. Next, it reviews the special timing rule and exceptions for FICA tax withholding for nonqualified deferred compensation plans. Finally, it provides ideas
and strategies for properly setting up and administering FICA tax withholding and reporting." MORE >>
Trucker Huss
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Record Increases Projected for 2023 Retirement Plan Limits
"All key Internal Revenue Code (IRC) limits for qualified retirement plans will rise by unprecedented amounts from 2022 to 2023, Mercer projects.... [I]nflation is projected to reach its highest level since indexing began, causing 7%-11% increases for most limits, based on their
rounding levels. In addition, the non-SIMPLE plan catch-up limit -- which has a large rounding threshold -- will jump more than 15%. These record hikes come on the heels of 2021's increases, which were the second highest ever at that time." MORE >>
Mercer
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Summary and Comparison of Provisions in House and Senate Retirement Plan Legislation
"In June, the Senate committees with jurisdiction over retirement approved their versions of retirement reform legislation. The Senate bills are the Enhancing American Retirement Now Act (unnumbered, the 'EARN Act') ... and the Retirement Improvement and Savings Enhancement to Supplement Health Improvements for the Nest Egg Act (S 4353, the 'RISE & SHINE
Act') ... The Senate bills are companion legislation to the House-passed Securing a Strong Retirement Act (HR 2954, colloquially referred to as 'SECURE 2.0').... [A] chart compares the House and Senate bills and
identifies differences among the bills." MORE >>
Groom Law Group
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Re-Evaluating Glidepaths During Volatile Markets
"Sponsors of defined benefit pension plans have seen significant volatility in the value of their assets, liabilities and funded status through the course of 2022.... However, ... the funding level in percentage terms for many plans has not materially improved which can lead
to unintended risks ... [which] are a result of the use of automatic glidepaths as part of the strategic asset allocation policy." MORE >>
River and Mercantile
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401(k) Investment Lineup Tweaks Reveal Focus on Fees
"More than 100 U.S. corporate 401(k) plans in 2021 made changes in their investment options lineups ... Those plans had assets totaling $209 billion and added 185 investment options from 54 managers in the year ended Dec. 31. Plans in that same universe removed 178
investment options from 52 managers during that same period." MORE >>
Pensions & Investments
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Pooled Employer Plans: Investment Lineups and Offerings
"[E]each PEP will have investment option variations in their offering. These variations will center around a few key areas: [1] The Qualified Default Investment Alternative (QDIA); [2] Use of proprietary funds vs. external fund managers; [3] Fund vehicles
used -- namely mutual funds vs. collective investment trusts (CIT); [4] Availability of managed accounts and/or a brokerage window; [5] Fees." MORE >>
River and Mercantile
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Fidelity's 'Bitcoin-In-401(k)s' Plan Moving Forward Despite Questions from Senators
"Fidelity [said] it is working directly with policymakers and regulators in an ongoing dialogue, but plans to launch its new Digital Assets Account this fall remain on track." MORE >>
401(k) Specialist
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401(k) Plans Souring on Northern Trust Target Date Funds — Including Its Own
"The three publicly traded companies that listed the Northern Trust Focus Funds in their investment options lineup in their 11-K filings in 2020 all removed them ... A participant in Northern Trust Co.'s 401(k) plan had filed a class-action lawsuit in November 2020
against the bank and its benefit administrative committee, alleging a breach of fiduciary duties related to its target-date fund lineup." MORE >>
Pensions & Investments
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FAS87 ASC715 Discount Rates and Moody's Rates, July 29, 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
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[Opinion]
Does the SEC 'Best Interest' Regulation Go Far Enough?
"What constitutes putting the 'best interests' of customers above the financial and personal interests of the broker is a potentially malleable concept. Further, it does not reach far enough to protect vulnerable customers in markets that are altogether less regulated or,
for that matter, non-retail customers who are less sophisticated in understanding financial products or can ill afford truly independent financial and legal help." MORE >>
ArentFox Schiff LLP
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Employee Benefits Jobs |
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Selected New Discussions |
Share a Sample 204(h) Notice for Terminating CB Plan?
"Does anyone have a sample 204(h) notice? I have a Cash Balance Plan terminating, so it is required to be sent 15 days prior to termination correct?"
BenefitsLink Message Boards
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2022 Deadline for Form 5500/5558 -- Sunday July 31, or Monday Aug. 1?
"Is the deadline for calendar year plans Monday, August 1, because July 31 falls on a Sunday?"
BenefitsLink Message Boards
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Who Becomes 100% Vested At Plan Termination?
"I have a Cash Balance Plan that is about to terminate. Which participants become 100% vested at termination? Obviously anyone who is currently active in the plan becomes 100%. What about terminated, non-vested participants who have had less than a 5-year break in service? There
are former employees who have anywhere from a 1-4 year break, but are not actively working."
BenefitsLink Message Boards
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Post-Severance Compensation: '75 Days' Works as Well as '2-1/2 Months'?
"The law says that post-severance compensation can be included if paid within 2-1/2 months of severance. Our TPA wants to put it in their system that post-severance compensation is included if paid within 75 days of severance. They says 2-1/2 months is vague and potentially
variable (given leap years), so their system would work better if they use a set number of days. Is this allowed? Is '75 days' a good faith interpretation of the meaning of 2 1/2 months? Or should we insist on '2-1/2 months' as the appropriate time period?"
BenefitsLink Message Boards
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Press Releases |
Murphy, Hesse, Toomey & Lehane, LLP Attorney Elected President to the Massachusetts Association of Public Pension Attorneys
Murphy, Hesse, Toomey & Lehane, LLP
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Last Issue's Most Popular Items |
Who Should Be Trustee of Your 401(k) Plan?
E is for ERISA
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DOL Issues Proposed Amendment to the QPAM Exemption
Akin Gump
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Managing Contribution Volatility in a Well-Funded Pension Plan
Milliman
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BenefitsLink Retirement Plans Newsletter, ISSN no. 1536-9587.
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