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Retirement Plans Newsletter
December 14, 2022
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6 New Job Opportunities
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[Official Guidance]
Text of PBGC Interest Assumptions for Valuing Benefits in Single-Employer Plans: First Quarter 2023
"The first quarter 2023 interest assumptions will be 4.86 percent for the first 20 years following the valuation date and 4.70 percent thereafter. In comparison with the interest assumptions in effect for the fourth quarter of 2022, these interest assumptions represent
no change in the select period (the period during which the select rate (the initial rate) applies), an increase of 0.96 percent in the select rate, and an increase of 1.05 percent in the ultimate rate (the final rate)." MORE >>
Pension Benefit Guaranty Corporation [PBGC]
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[Guidance Overview]
New Tax Forms Required for Retirement Plan Distribution Withholding Starting in January
"Retirement plan sponsors need to utilize updated Form W-4P (for periodic pension and annuity payments) and new Form W-4R (for nonperiodic payments and eligible rollover distributions) for income tax withholding elections beginning January 1, 2023. As we near the end of 2022, plan sponsors should ensure that their retirement plan systems and vendors are on track to implement the new federal
tax withholding election forms no later than January 1, 2023." MORE >>
McDermott Will & Emery
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2023 ERISA Plan Compliance Calendar
"[This article describes] some of the significant regulatory dates for 2023 -- it does not identify all compliance obligations or due dates.... [T]he calendar assumes that a plan is being administered on a calendar year basis by an employer using a calendar fiscal
year." MORE >>
PLANSPONSOR; free registration may be required
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The Unsung Importance of Self-Correction Memos
"Operational and document failures must be disclosed in a plan audit or during due diligence related to a merger or acquisition involving the plan sponsor. Having a self-correction memo and exhibits to hand in such an event is vastly preferable to simply asserting that
self-correction was pursued, without being able to prove that SCP was both available to the plan sponsor, and properly completed within the necessary time period." MORE >>
E is for ERISA
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401(k) Compliance Check: Correcting Retirement Plan Loan Errors
"Industry data from 2019 shows that 85% of defined contribution plan participants had access to plan loans. Further, as of the end of March 2022, 12.5% of all such participants had outstanding loan balances.... Failing to correct plan loan errors can lead to adverse
consequences for both plan loan recipients and the plan itself ... [C]hanges to the IRS's EPCRS correction program have made correcting certain common plan loan mistakes simpler and less costly." MORE >>
Foley & Lardner LLP
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Why Projections Should Matter to Pension Plan Sponsors
"Annual valuations are a great snapshot of where a pension plan is currently at; projections are useful to see where a plan may be going.... While projections couldn't predict the roller-coaster ride 2022 has taken pension plans on, they could have helped plan sponsors
weather the ups and downs." MORE >>
Milliman
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PBGC Approves $84 Million in Additional SFA for Trucking Employees Plan
"[PBGC] has approved the supplemented application submitted ... by the Trucking Employees of North Jersey Welfare Fund Inc. Pension Plan. The plan, based in Union City, New Jersey, covers 6,121 participants in the transportation industry.... The Trucking Employees Plan will
receive approximately $84.5 million in supplemented SFA, which is in addition to $673.1 million in SFA approved for the plan by PBGC in April 2022 under the interim final rule." MORE >>
Pension Benefit Guaranty Corporation [PBGC]
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PBGC Approves $52.4 Million in Additional SFA for Teamsters 701 Plan
"[PBGC] has approved the supplemented application submitted ... by the Mid-Jersey Trucking Industry and Teamsters Local 701 Pension Plan. The plan, based in North Brunswick, New Jersey, covers 1,623 participants in the transportation industry.... The Teamsters 701 Plan will
receive approximately $52.4 million in supplemented SFA, which is in addition to $142.2 million in SFA approved for the plan by PBGC in May 2022 under the interim final rule." MORE >>
Pension Benefit Guaranty Corporation [PBGC]
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PBGC Approves $42 Million in Additional SFA for Iron Workers Local 17 Fund
"[PBGC] has approved the supplemented application submitted ... by the Iron Workers Local 17 Pension Fund. The plan, based in Cleveland, Ohio, covers 1,900 participants in the construction industry.... The Iron Workers Local 17 Fund will receive approximately
$42.2 million in supplemented SFA, which is in addition to $48.9 million in SFA approved for the plan by PBGC in May 2022 under the interim final rule." MORE >>
Pension Benefit Guaranty Corporation [PBGC]
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Benefits in General |
[Guidance Overview]
Washington State Clarifies New Requirement to List Compensation and Benefits in Job Postings
"All covered job postings must include a general description of all benefits offered for the specific available position ... If the general description of benefits changes after a posting has been published, the job posting must be updated.... [T]he law applies to any
employer who conducts business activity in Washington, regardless of whether the company has any employees in Washington or any physical presence in Washington.... A posting for a remote role must comply with Washington law if the position could be performed by a Washington-based employee. Employers cannot avoid coverage by excluding Washington applicants[.]" MORE >>
Morgan Lewis
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Executive Compensation and Nonqualified Plans |
Year-End Planning Amid Down and Volatile Markets of 2022
"After a tumultuous year of stock-price volatility and declines, year-end financial and tax planning in 2022 may be trickier than usual for some people with equity comp and holdings of company shares.... Multi-year planning is especially valuable with stock comp, as you can
control the timing of stock sales and option exercises, and you know when RSUs will vest. Getting this planning right is crucial, for example, if you are considering option exercises or stock sales at the end of 2022." MORE >>
myStockOptions.com
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Employee Benefits Jobs |
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Selected New Discussions |
Solo 401(k) and Cash Balance Overfunding Correction
"I have a solo 401(k) that has already been fully funded for the 2022 plan year ($61,000) and they recently decided they want to open a cash balance plan for greater tax benefits. If they open a cash balance plan, their solo 401(k) will be over funded $22,500 in employer
contributions. They would like to remove the overfunding from the 401(k) plan to open and maximize their cash balance plan for 2022. What type of correction would this be (excess annual additions, mistake of fact)? What is the best way to go about correcting this?"
BenefitsLink Message Boards
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Does Anybody Super-Integrate CB Plans?
"Seems like it would be a great idea for a sole proprietor, where income could fluctuate widely, and that way they don't really have to accrue a more-than-significant benefit until after the net earnings clear some amount the person would need for living expenses. Like, a
contribution credit of "5% of compensation plus 75% of compensation above $100,000" where that could eliminate the need to worry about a big obligation in a "bad year". (Okay, maybe throw in a 401a26 failsafe, too.)"
BenefitsLink Message Boards
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Including Severance Pay for Safe Harbor Contribution
"DC Plan - employee terminated last month. To prevent her from suing the company (no details on that) they will be giving her $8,000 severance pay that will show on her W2. I don't think they give her the guaranteed 3% safe harbor on that amount because it was not given for
services rendered and she would not have gotten it had she stayed with the company. True or not? The document discusses post-severance pay (bonus, commission, etc.) but not this. TYIA."
BenefitsLink Message Boards
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Press Releases |
Tomorrow Health Fully Automates Order Lifecycle For Full Spectrum Of Durable Medical Equipment
Tomorrow Health
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Capital Rx Receives Validation for Savings from Validation Institute - New Groups Experience Significant PMPM Cost Trend Improvement
Capital Rx
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Edelman Financial Engines Acquires Erman Retirement Advisory
Edelman Financial Engines
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OneAmerica® Adds Depth to Regional Sales Force, Business Development Role
OneAmerica
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Last Issue's Most Popular Items |
DOL Issues Final Rule for ERISA Fiduciaries Considering Socially Conscious Investments
Littler
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EBSA Restores Over $2.4 Billion to Employee Benefit Plans, Participants and Beneficiaries During FY2021 (PDF)
Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]
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Year-End 401(k) Checklist: How to Prevent Costly Stumbles in 2023
BenefitsPro; free registration required
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BenefitsLink Retirement Plans Newsletter, ISSN no. 1536-9587.
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