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Retirement Plans Newsletter
December 6, 2022
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3 New Job Opportunities
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[Official Guidance]
Text of PBGC Final Regs: Allocation of Assets in Single-Employer Plans; Valuation of Benefits and Assets; Expected Retirement Age
"This rule amends the [PBGC]'s regulation on Allocation of Assets in Single-Employer Plans by substituting a new table for determining expected retirement ages for participants in pension plans undergoing distress or involuntary termination with valuation dates falling in
2023. This table is needed to compute the value of early retirement benefits and, thus, the total value of benefits under a plan.... This rule is effective January 1, 2023." MORE >>
Pension Benefit Guaranty Corporation [PBGC]
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[Sponsor]
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Be sure you have the right tools for your remote employees. Our research provides up-to-date information anywhere ... when would you like to chat? It costs nothing to take a peek and compare! Contact us: sales@erisapedia.com 612-605-2266
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[Guidance Overview]
DOL Opens ESG Door: What Does It Mean for Plan Fiduciaries
"The ESG Regulations may increase the popularity of ESG funds part of an investment menu, but fiduciaries should consider: [1] ensuring that the investment menu includes non-ESG funds so that participants have a real choice as to whether to invest in an ESG fund; and
[2] selecting and monitoring any ESG funds by comparing their risk and return characteristics to non-ESG funds." MORE >>
Kilpatrick Townsend
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[Guidance Overview]
DOL's Final ESG Rules Reflect Warmer Attitude Toward ESG, But Maintain Bedrock Principle That Risk and Return Cannot Be Sacrificed
"The Final Rules do not include a 'safe harbor' for a fiduciary to treat ESG-themed funds as a separate asset class....
[F]iduciaries of participant-directed plans may consider participant preferences when constructing a plan's investment lineup, but there is no softening of the rule that fiduciaries may not sacrifice return or expose participants to additional risk to accommodate those preferences." MORE >>
Proskauer
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[Guidance Overview]
To ESG or Not ESG?
"[T]he final regulation is not perfectly neutral with respect to fiduciaries' ability to consider ESG factors.... We now
have a roadmap that largely sustains the DOL's longstanding principles, but also helps fiduciaries to better understand how they might consider ESG factors -- to the extent they desire to do so." MORE >>
Qualified Plan Advisors [QPA]
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[Guidance Overview]
CalPERS Regulation Will Define 'Limited Duration' for Rehired Retirees
"Limited duration for post-retirement employment will mean up to 24 consecutive months, with potential extensions up to 48 consecutive months, or longer with CalPERS' approval. The 24-month rule will also apply to time served by active employees appointed to upgraded
positions or classifications for purposes of reporting 'temporary upgrade pay' to CalPERS." MORE >>
Hanson Bridgett LLP
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401(k) Plan Matching Contributions: To True Up or Not True Up?
"[F]or purposes of matching contributions some 401(k) plans provide that a participant's compensation for the entire plan year is taken into account ... while other 401(k) plans take into account a participant's compensation only with respect to payroll periods for
which the participant makes elective deferrals.... This post illustrates, through examples, each design, addresses why a plan sponsor might choose one design over the other, and provides some additional thoughts and a reminder for safe harbor design plans." MORE >>
Verrill Dana LLP
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401(k) Plan Design Choices to Simplify Annual Administration
"Employers must define six major 401(k) features during the plan design process -- eligibility, compensation, contributions, vesting, distributions, and loans. [This article describes] options that would simplify the administration of these features the
most." MORE >>
Employee Fiduciary
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Fidelity Investments Debuts Bitcoin Trades
"Fidelity Investments is plunging deeper into the crypto black hole, but a bright light may be at the end of the tunnel -- a chance to steamroll all other crypto brands and dominate the industry. The $9.9-trillion Boston firm is executing its first Bitcoin retail trades as
crypto players large and small disintegrate, Capitol Hill lawmakers decry its participation and tokens plummet in value." MORE >>
RIABiz
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Retirees Can Still Reduce Taxes in Retirement
"Many investors expressed worries that because they had already retired, it's too late to do anything to defuse their retirement tax bomb.... [While] shifting retirement contributions from pretax to after-tax Roth, is no longer available to you, the remaining two strategies,
asset location and annual Roth conversions, likely are, and could be worth implementing." MORE >>
Kiplinger
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Social Security Administration Launches Redesigned Website
"Part of ongoing efforts to improve how the public can do business with the agency, the redesign is intended to provide a clear path to the tasks customers need to accomplish. Many of the most visited sections of SSA.gov are now live with a more user-friendly and task-based
approach. New pages and improvements based on public feedback will continue to be unveiled in the coming months." MORE >>
U.S. Social Security Administration [SSA]
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[Opinion]
Riverboat Gambling: Section 401(k), Cryptocurrency, Prudence, and FTX (PDF)
"It should not have taken the FTX meltdown to make clear the imprudence for 401(k) purposes of crypto as an investment category. But that meltdown should establish for even the most ardent crypto proponents that bitcoin and other similar electronic currencies are too risky and
novel to belong in 401(k) investment menus. Crypto, as the senators indicate, should not be marketed to 401(k) trustees and investment committees." MORE >>
Prof. Edward A. Zelinsky, via Tax Notes Federal
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Benefits in General |
The Benefits of Sabbaticals: Attracting and Retaining Employees
"The sabbatical is a perk that companies of all sizes are increasingly rolling out in an effort to enhance their total rewards program.... Many employers are exploring this idea as a way to keep valued employees or provide a phased route toward retirement.... As employers
consider how to design the sabbatical program to best achieve their goals, here are some potential employee benefits landmines to anticipate and avoid." MORE >>
Ogletree Deakins
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Employee Benefits Jobs |
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Selected New Discussions |
ADP/ACP Testing Needed for Safe Harbor Plan That 'Sorta' Begins Mid-Year?
"Plan is starting a Basic Safe Harbor Match, effective January 1. The custodian will not be ready to accept contributions until February 1. If we make the plan effective January 1, but deferrals are not allowed until February 1, will the plan need to do ADP/ACP testing for this
first year?"
BenefitsLink Message Boards
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Deferrals and Matching Contributions Based on Mistakenly-Paid Compensation
"Deferrals and match for three payrolls posted to the participant's account (all deposits made timely). The employer discovered the employee was actually terminated and hence not eligible for the compensation paid. The employee returned the compensation, but he took his
distribution from the plan before the incorrect match and deferral could be debited from the account. Is the needed correction to request the participant return the overpayment? Vendor will need to modify the 1099-R to reflect the overpayment. If the participant does not return the funds, can the deferral and match be excluded from the ADP/ACP test (the participant is a NHCE)? Based on this updated compensation, his match would exceed the match formula. We're pretty sure the participant will return the funds, but need to figure out Plan B in case he does not."
BenefitsLink Message Boards
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Termination of Owners-Only Cash Balance Plan
"Looking at a termination of a Cash Balance Plan. Obviously, like most plans, the assets are down in 2022 so now that they are looking to terminate the Plan. They are roughly $20k short of the balances earned to date. That said, the only participants are the owner and his wife.
Is it necessary for them to make a contribution in order to bring the balance up to the earned balances? Or can they simply distribute the money that's in the plan?"
BenefitsLink Message Boards
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Press Releases |
NTSA Names Elite Advisors of 2023
National Tax-Deferred Savings Association [NTSA]
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Webcasts and Conferences (Retirement Plans / Executive Compensation) |
A Day in the Life of a Pension and Employee Benefits Attorney
March 16, 2023 in NY
Jackson Lewis LLP
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Good 403(b) Bye Bye?
December 2, 2023 WEBCAST
403(b)wise
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Fiduciary Trends: Year in Review
December 20, 2023 WEBCAST
Broadridge fi360 Solutions
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Last Issue's Most Popular Items |
Wait, SECURE 2.0 Might Not Pass?
planadviser
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2022 End of Year Plan Sponsor 'To Do' List: Qualified Retirement Plans
Snell & Wilmer
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IRS Opens Determination Letter Program to Individually Designed 403(b) Plans
Proskauer
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BenefitsLink Retirement Plans Newsletter, ISSN no. 1536-9587.
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