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Retirement Plans Newsletter

November 15, 2022

3 New Job Opportunities 3 New Job Opportunities


[Official Guidance]

Draft IRS Publication 590-A: Contributions to Individual Retirement Arrangements (IRAs), for Use in Preparing 2022 Returns (PDF)

62 pages, Nov. 9, 2022. "What's New for 2022: [1] Modified AGI limit for traditional IRA contributions.... [2] Modified AGI limit for certain married individuals.... [3] Modified AGI limit for Roth IRA contributions.... What's New for 2023: [1] IRA contribution limit increased.... [2] Modified AGI limit for traditional IRA contributions increased.... [3] Modified AGI limit for certain married individuals increased.... [4] Modified AGI limit for Roth IRA contributions increased."  MORE >>

Internal Revenue Service [IRS]


ERISApedia – Remote Access – Anywhere!

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[Guidance Overview]

IRS Opens Determination Letter Program to 403(b) Plans

"Plans with more complicated designs ... are difficult to fit onto pre-approved plan documents due to their 'check the box' format and limited election options.... Plan sponsors with multiple approved service providers may be concerned about the appearance of endorsing a particular provider by using its pre-approved plan document. These plan sponsors will want to consider requesting a determination letter[.]"  MORE >>

Ice Miller LLP

[Guidance Overview]

IRS Grants a 'Do Over' to a Taxpayer Engaging in a Qualified Rollover

"[IRS PLR 202244004] grants additional time to a taxpayer that failed to timely elect to defer the gain from a rollover of qualified small business stock (QSBS). The IRS's decision to grant late-filing relief in this context is not that surprising or ground-breaking, but it does highlight an important tax strategy that [is appearing] with increasing frequency."  MORE >>

Withum Smith+Brown, PC

Plan Sponsor and Advisor Guide to Cybersecurity (PDF)

"The intent of these standards is to establish a base of communication between recordkeepers and the public through third-party audits of cybersecurity Control Objectives.... When reviewing or selecting a recordkeeper, plan sponsors and advisors should first request a copy of their SPARK cybersecurity reports for each of the seventeen Control Objectives. The data provided in these reports should be the basis for your evaluation of a service provider's cybersecurity capabilities."  MORE >>

The SPARK Institute

Crypto Craze Cracks, Raising Potential 401(k) Fiduciary Liability?

"[T]his asset class brings with it a roller coaster experience, something many retirement savers won't be able to stomach.... This instability is perilous as savers approach (or are in) retirement.... [T]he downside of any investment is a total loss. But for traditional investments like stocks, it's easier to determine the possibility of losing everything. Cryptocurrencies, however, haven't yet achieved that level of awareness."  MORE >>

Fiduciary News; free registration required

Recordkeeper Consolidation Leads to Drop in Proprietary Product Share, Opening Door for Asset Managers

"The consolidation of DC plan providers may not be as much of a threat to asset managers as some have thought, with recordkeeper integration needs and legal risk meaning less focus on proprietary investment options, according to new research from ISS Market Intelligence."  MORE >>


U.S. Pension Funding Ratios Continue to Increase

"During 2022 to date, the aggregate funded ratio for U.S. pension plans of S&P 500 companies increased to 97.2% from 95.5% ... The funded status deficit has decreased by $53 billion, which was driven by liability decreases of $574 billion offset with asset decreases of $521 billion year-to-date."  MORE >>

Chief Investment Officer [CIO]

2022 DB Trends (PDF)

"The majority of respondents have an established glide-path. Most plan sponsors are not currently rebalancing back to existing targets. Smaller pensions (less than $1 billion AUM) are more likely to consider a Pension Risk Transfer (PRT)."  MORE >>


The State of Alternative Investments in Wealth Management

"Nearly nine in 10 financial advisors (88%) intend to increase their allocations to alternative asset classes over the next two years.... 85% of financial advisors said that their clients were now more interested in a mix of either new products, new structures or both, compared with six months previously. Lack of liquidity, high levels of administration and paperwork and concerns around due diligence were selected as the top challenges for financial advisors in allocating to alternative asset classes."  MORE >>

CAIS and Mercer; registration required for full report


The 'Entity' Difference Between 403(b) and 401(a) Plans

"The favorable tax status granted to 403(b) plan participants does not derive from the tax exempt status of any particular organization or entity.... Its relevance arises when we assess how to implement the tremendous changes that we see on the horizon, whether it be implementing ... unique lifetime income vehicles, PEPs, collective trusts, or any other of the sort of the innovative programs being develop which are designed to enhance retirement security."  MORE >>

Business of Benefits

Benefits in General

[Guidance Overview]

Employee Benefit Plan Year-End Deadlines

"This year, with the delay of the deadline for amending qualified plans, 403(b) plans, and governmental 457(b) plans to comply with the SECURE Act and CARES Act, year-end to-dos are on the light side; however, there are still a few deadlines to be aware of ... [1] Prescription drug disclosures.... [2] 125 plan deadline for COVID-19 special rules ... [3] 457(b) SECURE Act amendments."  MORE >>

Frost Brown Todd LLC

Executive Compensation and Nonqualified Plans

[Guidance Overview]

Additional Disclosures for SEC Proxy Statements: Focus on Defined Benefit Pension Plans

"The [SEC] has amended the executive compensation reporting requirements for proxy statements for fiscal years ending on or after December 16, 2022. The rules require the inclusion of a new table, intended to present a more accurate description of executive compensation. Additional information will be needed for any executives who actively participate in one or more defined benefit (DB) pension plans."  MORE >>


20th Annual Corporate Governance and Executive Compensation Survey

"[This] survey explores key issues including human capital management; diversity and inclusion (D&I) practices; ESG metrics; cybersecurity and risk management; governance practices of newly public companies; compensation clawback policies; CEO pay ratio; and shareholder activism[.]"  MORE >>

Shearman & Sterling LLP

Employee Benefits Jobs

View job as Pension Consultant
            for Randall & Hurley, Inc.

Pension Consultant

Randall & Hurley, Inc.

Remote / Liberty Lake WA / Helena MT

View job as Pension Consultant for Randall & Hurley, Inc.

View job as Retirement Proposals & Implementation Representative
            for NRECA

Retirement Proposals & Implementation Representative


Arlington VA

View job as Retirement Proposals & Implementation Representative for NRECA

View job as Program Implementation Representative
            for NRECA

Program Implementation Representative


Arlington VA

View job as Program Implementation Representative for NRECA

Selected New Discussions

Excluding 'Previously Designated' HCEs from Coverage

"I have a client who has elected to exclude highly-compensated employees in order to avoid potential nondiscrimination or coverage issues due to some idiosyncrasies with their population. Due to one-time variation in bonuses, as well as the upcoming jump in the HCE threshold for 2023, we anticipate a few individuals may drop down into non-highly compensated employee pool. Would an exclusion for 'employees previously designated as HCEs' or employees making over a certain dollar amount be permissible? Do you all think the former would violate the 'definite written program' rule?"

BenefitsLink Message Boards

Press Releases

NWPS Continues to Expand and Evolve by Adding Industry Veteran Lisa Tassara to Its Management Team


Groom’s Taylor Costanzo Wins 2022 Alvin D. Lurie Memorial Award

Groom Law Group

Centivo's Virtual Primary Care Practice Receives NCQA Patient-Centered Medical Home Recognition


Ubiquity Retirement + Savings® Hits New Record for 401(k) Plan Sales Amid a Year of Workforce Changes

Ubiquity Retirement + Savings

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Bias in Pension Data

November 17, 2022 WEBCAST

American Society of Enrolled Actuaries [ASEA]

The Anatomy of a Deal: Key Aspects of M&A Deals That Every Benefits Lawyer Should Know

December 15, 2022 WEBCAST

Worldwide Employee Benefits Network [WEB] - New York Chapter

Last Issue's Most Popular Items

Is My Severance Plan Subject to ERISA or Section 409A? (PDF)

Ice Miller LLP, via Employee Benefit Plan Review

The New Wave of 401(k) Excessive Fee Lawsuits (PDF)

Fisher Phillips

Surprises in the Senate's Proposed EARN Act and RISE & SHINE Act: Technical Amendments for Single-Employer DB Pension Plans


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

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