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Retirement Plans Newsletter
December 8, 2022
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7 New Job Opportunities
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[Official Guidance]
Text of IRS Rev. Rul. 2022-24: Covered Compensation Tables for 2023 (PDF)
"This revenue ruling provides tables of covered compensation under Section 401(l)(5)(E) of the Internal Revenue Code and the Income Tax Regulations thereunder, for the 2022 plan year.... For
purposes of determining covered compensation for the 2022 year, the taxable wage base is $160,200." MORE >>
Internal Revenue Service [IRS]
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Central States Pension Fund to Receive $36 Billion in Special Financial Assistance
"President Biden announced $36 billion for the Central States Pension Fund, preventing drastic cuts to the hard-earned pensions of over 350,000 union workers and retirees.... Today’s Announcement Protects the Earned Pensions of more than 350,000 Union Workers and Retirees
from 60% cuts[.]" MORE >>
Executive Office of the President
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Correcting Errors in Profit Sharing Contributions
"If an employer cannot (or does not want to) make additional contributions, the employer can instead reallocate the original contribution to the employees pro-rata based on compensation.... When corrective contributions are made, the contribution must be adjusted for lost
earnings from the date the amount should have been funded through the date the full correction (with earnings) is funded to the plan." MORE >>
Ferenczy Benefits Law Center
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A Checklist for Your Retirement Plan Fiduciary Insurance Renewal
"This article provides a checklist that includes tips and best practices for policyholders to ensure they are in a strong position to obtain retirement plan fiduciary coverage when it comes time to review and avoid coverage denials when it comes time to pay
benefits." MORE >>
Bradley
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Tax and Other Incentives to Inspire Prospective Plan Sponsors
"[T]he SECURE Act extended the deadline for establishing a qualified retirement plan from the end of the business's tax year to the business's tax-filing deadline for that tax year, plus extensions.... A small employer ... may be able to claim up to $15,000 in tax
credits over three years to offset the costs of establishing and administering a plan, including the cost of educating employees about the plan.... A small employer may also claim a $500 tax credit for each of the first three years its plan includes an eligible automatic enrollment feature." MORE >>
Newport Group
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COVID-19 Mortality Experience Analysis for Multiemployer Plans
"The number of deaths relative to the number expected increased significantly between 2019 and 2020 for all groups of employees, especially for retirees in pay status. Retirees saw a 15% increase in the ratio of actual to expected deaths, beneficiaries a 9% increase and disabled
participants an 11% increase.... [It[ is expected that 2021 mortality experience will continue to reflect the impact of COVID-19 ... [W]hen including the increase in non-COVID-19 deaths in both 2020 and 2021, the highest increase in rate of death across the population has been for the 35- to 44-year-old age group." MORE >>
Milliman
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The Real Deal for the Public Sector: Retirement Income Adequacy Study (PDF)
22 pages. "DC plans provide less retirement income than DB plans in a typical 'cost-equivalent' conversion for career public employees. The average DB public pension plan with a two percent COLA provides employees with adequate retirement income without additional
employee savings ... Not participating in Social Security requires a higher multiplier and higher employee savings for an adequate retirement. Lack of a retiree medical plan increases an employee's shortfall, requiring an expected additional six percent of pay during an employee's career to cover the gap." MORE >>
National Institute on Retirement Security [NIRS]
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U.S. Corporate Pension Plans Funding Status, November 2022
"The aggregate funded ratio for U.S. corporate pension plans was unchanged month-over-month in November to end the month at 99.1 percent ... The monthly change in funded ratio resulted primarily from a 6.3 percent increase in liability values offset by a
6.4 percent increase in asset values. The aggregate funded ratio is estimated to have increased by 2.9 and 5.5 percentage points year-to-date and over the trailing twelve months, respectively." MORE >>
Wilshire Associates
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Milliman Pension Funding Index, December 2022
"The funded status of the 100 largest corporate defined benefit pension plans decreased by $17 billion during November ... A decrease in the benchmark corporate bond interest rates used to value pension liabilities led to an increase in plan liabilities, representing a
loss of $76 billion for the month.... As of November 30, the funded ratio dipped to 111.2%, down from 113.3% at the end of October, and the funded status surplus decreased to $151 billion." MORE >>
Milliman
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Illinois' Biggest Pension Sunk $6 Billion Further Into the Hole in FY 2022
"TRS, the Teachers Retirement System, ... accounts for well over half of Illinois state-level pension debt. Unfunded liabilities grew about $6 billion from $74.7 billion to $80.7 billion on a fair asset value basis. Its funded ratio worsened from 46.2% to
43.8%. The drop occurred despite a one-time, special contribution by taxpayers to the fund of $173 million that was in addition to their annual, scheduled contributions." MORE >>
WirePoints
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Benefits in General |
[Official Guidance]
DOL Releases Informational Copies of 2022 Form 5500 Series Annual Return/Report
For Information Purposes Only, Not to be Used for Filing MORE >>
Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]
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Superseding Cause Under ERISA (PDF)
"While some causation issues under ERISA are frequently litigated, such as which party has the burden of proof in establishing that a breach of fiduciary duty has or has not occurred once plaintiff has established a prima facie case, other issues, such as the type of causation
required under ERISA Section 409, are infrequently discussed." MORE >>
The Wagner Law Group
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Employers Focused on Maintaining Benefits Amid Recession Fears
"[W]hile businesses of all sizes agree they would try to avoid any action that would negatively impact employees, small businesses -- those with under 500 employees -- most likely would not take any action to reduce salaries (64%) or benefits (57%). Larger businesses
were less enthusiastic, with 49% indicating they would not reduce salaries and 45% indicating they would not reduce benefits offered." MORE >>
American Retirement Association [ARA]
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Executive Compensation and Nonqualified Plans |
Small and Medium Businesses Driving NQDC Plan Growth
"Over the last few years, growth in NQDC's has been largely driven by small and mid-sized companies implementing new plans at a much faster pace than they did in the past ... In the last two years, NQDC plans being offered by start-up retirement plans have doubled from a
range of about 15%-20% to 40% as of November[.]" MORE >>
planadviser
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Employee Benefits Jobs |
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Selected New Discussions |
RMD and 1099-R for Recently Deceased Owner of 1-Person Plan
"Owner of 1-person plan just died, shortly prior to end of year and prior to taking his RMD. Trustee is unable to be legally appointed prior to end of year. I'm pretty sure that, because the plan requires RMD's, an authorization signature is not required. But the
recordkeeper is insisting it is. Additionally, because the RMD is formally taken out after date of death, I'm thinking the 1099-R is still treated as an RMD, but perhaps it should be marked as Death instead, even though this is not a Death distribution?"
BenefitsLink Message Boards
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Decedent Was Receiving RMDs But Died This Year Before Receiving 2022 RMD; Dispute About Correct Beneficiary May Preclude Payment Before End of Year
"Treas. Reg. 1.401(a)(9)-5, Q&A-4 is pretty clear that the year of death RMD for an individual who was past his or her RBD must be paid to the decedent's beneficiary in the year of death. But suppose that the plan really can't determine who the beneficiary is,
because there are competing possible beneficiaries each of whom raises significant fact issues against the other. These fact issues cannot be resolved by the end of 2022 and it would be imprudent to pay the 2022 RMD (which is a significant amount) to either party by the end of the year. So the plan probably won't pay it to anyone until 2023.... 'My question is whether anyone is aware of any formal or informal guidance on this subject from IRS (I have not been able to find any) or faced the situation themselves and discussed with someone at IRS. If so, inquiring minds want to know what they said."
BenefitsLink Message Boards
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Brokerage Accounts Setup Under Employer EIN
"What's the remedy? Is there any harm in keeping it that way? At the brokerage house, they would have to create all new accounts with a trust id and transfer them from the old accounts. Evidently there's lots of paperwork involved."
BenefitsLink Message Boards
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Press Releases |
Many Employers Unsure of Accuracy of Their ACA Reporting – Accord Systems Audit Tool Can Alleviate All Concerns
Accord Systems
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IRI Announces 2022 Federal Champion of Retirement Security Award Recipients
Insured Retirement Institute [IRI]
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Introducing Robinhood Retirement
Robinhood
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DOL Recovers More Than $17k for Illegally Terminated Employee After Publix Super Markets Inc. Violates Medical Leave Protections
Wage and Hour Division [WHD], U.S. Department of Labor [DOL]
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Webcasts and Conferences (Retirement Plans / Executive Compensation) |
Missing Participants
RECORDED
Seyfarth Shaw LLP
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Last Issue's Most Popular Items |
DOL Proposes Self-Correction Option Under Voluntary Fiduciary Correction Program
Fisher Phillips
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IRS Provides Plan Amendment Deadline Relief
Ogletree Deakins
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2023 Pension Lump Sums Dropping Like the New Year's Ball
Principal Financial Group
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BenefitsLink Retirement Plans Newsletter, ISSN no. 1536-9587.
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