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Retirement Plans Newsletter
December 9, 2022
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3 New Job Opportunities
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[Official Guidance]
Text of 2022 Instructions for IRS Form 5329: Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts (PDF)
Oct. 13, 2022. "Reminders: ... The additional tax on early distributions doesn't apply to qualified disaster distributions, including 2020 coronavirus-related distributions.... The age restriction for contributions to a traditional IRA has been eliminated....
Individuals who reach age 701/2 on January 1, 2020, or later may delay distributions until April 1 of the year following the year in which they turn age 72" [Also available: 2022 IRS Form 5329] MORE >>
Internal Revenue Service [IRS]
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PBGC Approves $36 Billion in Special Financial Assistance for Central States Plan
"[PBGC] has approved the application submitted to the Special Financial Assistance (SFA) Program by the Central States, Southeast & Southwest Areas Pension Plan (Central States Plan).... The plan, based in Chicago, Illinois, covers 357,056 participants in a number of
industries, including transportation, construction, food processing, and more. The Central States Plan will receive approximately $35.8 billion in Special Financial Assistance ... The Central States Plan is the largest plan expected to receive SFA. The plan was projected to run out of money in 2025." MORE >>
Pension Benefit Guaranty Corporation [PBGC]
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Employee Benefit Plans Weigh the Risks and Benefits of Digital Assets
"Here are some ways the federal government is assessing the benefits and risks cryptocurrencies pose to consumers, investors, and businesses.... [P]lan sponsors may want to take a long‑term perspective ... Given today's massive surge in the variety and scope of digital
assets, plan sponsors should seek to understand their role in the financial landscape before rushing to implement changes." MORE >>
Berry, Dunn, McNeil & Parker, LLC
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More Hackers Going After Retirement Savings
"Employer retirement accounts are facing increasingly sophisticated attacks by hackers looking to get a slice of worker savings, and cryptocurrency investing is particularly at risk for scams[.]" MORE >>
planadviser
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ERISA Suits Against Capital One and Booz Allen Hamilton Dismissed
"The suits had been brought against Capital One and Booz Allen Hamilton for using a BlackRock target-date fund series as their qualified default investment alternative.... The plaintiffs [are] represented by Miller Shah LLP ... Miller Shah is currently representing clients
in 11 lawsuits against plan sponsors that offer the BlackRock Lifepath Index Suite, a series of TDFs, as their QDIA." MORE >>
PLANSPONSOR; free registration may be required
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Bicameral, Bipartisan Retirement Bill Introduced
"The Retirement Savings for Americans Act was introduced by U.S. Senators John Hickenlooper (D-CO) and Thom Tillis (R-NC), and Representatives Terri Sewell (D-AL) and Lloyd Smucker (R-PA). According to a press release, the bill would establish a new program that gives eligible
workers access to portable, tax-advantaged retirement savings accounts. It would also offer federal matching contributions for low- and middle-income workers, with the match beginning to phase out at median income." MORE >>
American Retirement Association [ARA]
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[Opinion]
Butch Lewis Act Saves Central States Pension Fund
"Central States becomes the 40th plan to have its request for funds under the BLA approved by the PBGC, the federal agency tasked under the law to administer BLA funds.... The substantial amount of funds that Central States will soon receive is expected
to keep pension checks flowing to members, retirees and spouses for at least 30 years. " MORE >>
Pension Rights Center
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Benefits in General |
[Guidance Overview]
Comprehensive Summary of 2023 Benefit-Related Cost-of-Living Adjustments (PDF)
22 pages. "The IRS, [PBGC], Social Security Administration, and [CMS] have issued 2023 cost-of-living adjustments (COLAs) for retirement, health and fringe benefit plans; Medicare; and Social Security and Supplemental Security income (SSI). Puerto Rico's Treasury Department
has not yet announced 2023 limits for retirement plans qualified in Puerto Rico, but those figures are tied to US lim" MORE >>
Mercer
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The Current State of Financial Wellbeing Programs (PDF)
"The 2022 EBRI Financial Wellbeing Employer Survey reveals that employers continue to expand their financial wellness programs. Rankings of current goals, success measures, and challenges are reviewed [in this infographic]." MORE >>
Employee Benefit Research Institute [EBRI]
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Health, Retirement Legislation in Limbo as Government Funding Talks Stall
"If Congress doesn't act, high-deductible plans wouldn't be able to cover telehealth visits before patients hit their deductibles after Dec. 31.... Less likely to make the cut are bills that would cap consumers' out-of-pocket costs for insulin in the commercial
market, require employer plans to cover kidney dialysis benefits on par with benefits for other chronic medical conditions, and create new civil monetary penalties for mental health parity violations." MORE >>
Mercer
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Employee Benefits Jobs |
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Selected New Discussions |
Self-Correction (SCP) Under Rev. Proc. 2021-30 Available for Terminated Plan?
"A reader could draw from Section 4.07 of Rev. Proc. 2021-30 the negative inference that SCP is not available for a terminated plan. However, it's not really clear from the text that the IRS intended this inference. I don't see why the IRS would want to foreclose the use of SCP for a terminated plan. For example, suppose that a few months after a plan was terminated the plan sponsor discovers that a few participants were overpaid a few hundred dollars and also that some participants were underpaid a small amount because the employer
had not made some contributions it was committed to making. These were inadvertent administrative errors and the employer would like to self-correct in the prescribed fashion for these errors, but the ability to do so is being questioned because the plan has been terminated. Has
anyone had any hands-on experience with this issue with IRS, or possibly heard someone from IRS at a conference expand on this issue either way? Have some practitioners just assumed that IRS did not intend the negative inference and used self-correction for terminated 401(a) and 403(b) plans, without this having been called into question by IRS or anyone else?"
BenefitsLink Message Boards
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Transitioning Recordkeeping to PEP
"Couple of questions on this, as we aren't a PPP. We are TPA on a plan sponsored by a corporation, (a controlled group with one other corporation which signed on as a participating employer) where a financial advisor convinced them to move all the funds to a PEP. Fine. This
happened a couple of months ago. (Calendar year plan.) We have been asked to complete the plan administration for the 2022 plan year. Is it ok for the PPP to farm out the administration to a TPA like us? In addition, any thoughts as to why we might not WANT to do this admin, or is it just carry on as usual - We've never been involved with a PEP/PPP yet. All thoughts appreciated!"
BenefitsLink Message Boards
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5-Year Rule on Roth, Beneficiary Distributions
"Client asked this and I'm hoping for someone to confirm my findings. Beneficaries of a Roth 401k are subject to the 5-year rule based on the decedent's first deposit year. Non-Spouse Beneficaries of a Roth 401k must withdrawal the funds within 10 years. Assume a
participant converted funds in 2022, then passed away in 2023. The Beneficiary could make tax-free withdrawals beginning 1/1/2027, and the entire account must be distributed by 12/31/2033. In other words, I'm hoping to confirm that a beneficiary may only have a 5-6 year window for tax-free withdrawals in this example. OR, is the 5-year rule eliminated for beneficiaries?"
BenefitsLink Message Boards
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Press Releases |
Pirrello Promoted to President, Publisher of Pensions and Investments
Crain Communications
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Webcasts and Conferences (Retirement Plans / Executive Compensation) |
A Swinging Pendulum: Taking Stock of ESG and DOL Changes in Retirement Plans
RECORDED
Fox Rothschild LLP
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Last Issue's Most Popular Items |
Correcting Errors in Profit Sharing Contributions
Ferenczy Benefits Law Center
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A Checklist for Your Retirement Plan Fiduciary Insurance Renewal
Bradley
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Text of IRS Rev. Rul. 2022-24: Covered Compensation Tables for 2023 (PDF)
Internal Revenue Service [IRS]
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BenefitsLink Retirement Plans Newsletter, ISSN no. 1536-9587.
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