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Retirement Plans Newsletter
December 16, 2022
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[Official Guidance]
Text of IRS Notice 2023-05: Weighted Average Interest Rates, Yield Curves, and Segment Rates for December 2022 (PDF)
"This notice provides guidance on the corporate bond monthly yield curve, the corresponding spot segment rates ... and the 24-month average segment rates ... [as well as] the interest rate on
30-year Treasury securities ... as in effect for plan years beginning before 2008 and the 30-year Treasury weighted average rate[.]" MORE >>
Internal Revenue Service [IRS]
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[Guidance Overview]
2023 Key Administrative Dates and Deadlines for Calendar-Year Multiemployer Defined Benefit Plans
"The calendar includes key dates for: [1] Various forms; [2] Annual funding notice; [3] Annual benefit statement notice; [4] Triennial benefit statement; [5] Summary report of multiemployer plan; [6] Required minimum distributions." MORE >>
Milliman
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[Guidance Overview]
IRS Expands Determination Letter Program for 403(b) Plans and More
"Rev. Proc. 2022-40 provides the first opportunity for 403(b) plan sponsors to get a [determination letter (DL)] ... IRS is also
updating the program to incorporate changes for qualified plans made since the program's overhaul in 2016. Some sponsors of individually designed 403(b) plans will be able to apply for DLs as early as June 1, 2023." MORE >>
Mercer
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[Guidance Overview]
Colorado Implements SecureSavings Program for Employees Who Do Not Have Access to Employer-Sponsored Retirement Plans
"The SecureSavings program requires all employers in Colorado that have been in business for two or more years, have five or more employees, and do not already have a retirement savings plan in place to facilitate the program by providing their employees the opportunity to save
for retirement through payroll deductions." MORE >>
Ogletree Deakins
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District Court Voids ERISA Plan's Arbitration Provision
"While the court here cited support from the Second and Seventh Circuits, the decision is potentially at odds with a 2019 Ninth Circuit decision and a recent decision from a district court in the Eleventh Circuit.... [U]nlike prior rulings that refused to enforce arbitration
provisions in employment agreements ... here the arbitration provisions in question were in the plan document itself.... [If] this ruling were to be universally accepted, it would call into question the ability of plan sponsors to forestall class action relief through the use of arbitration provisions." [Lloyd v. Argent Trust Co., No. 22-4129 (S.D.N.Y. Dec. 6, 2022)] MORE >>
Proskauer
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South Florida Pension Fund Sues FIGS for Disappointing Financial Performance
"A South Florida police officers and firefighters retirement trust alleges a health apparel company misled its stockholders in violation of federal securities laws.... The plaintiffs allege the defendants' actions led to FIGS's stock declining by nearly 25%. '
[City of Hallandale Beach Police Officers' And Firefighters" Personnel Retirement Trust v. FIGS, Inc., No. 22-8912 (C.D. Cal. complaint filed Dec. 8, 2022)] MORE >>
LegalNewsLine.com
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A Plan Sponsor's Duty to Search for 'Missing' Participants
"The lack of comprehensive guidance has left plan sponsors unsure of how to fulfill their fiduciary responsibilities at a time when these regulatory agencies are increasing their enforcement focus on missing participant issues.... If the plan document does not list search
procedures that must be followed, plan sponsors should develop policies and procedures with respect to missing participants[.]" MORE >>
Newport Group
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'Engineering' the Use of Individual Annuities in DC Lifetime Income Programs
"[A] large number of insurance companies have developed two different sets of internal compliance and administrative processes, one which which applies to individual annuities ... and another, separate set of them which applies to group annuities ... For the valuable,
well established, elements of the individual annuity retirement income space to successfully 'crossover' into the DC Lifetime Income market, the group annuity 'infrastructure' needs to be exported to the individual product side of things.... [A]ligning these products with new infrastructure is not necessarily a simple task." MORE >>
Business of Benefits
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CBO's 2022 Long-Term Projections for Social Security
"If the gap between the trust funds' outlays and income occurs as CBO projects, then the balance in the trust funds will decline to zero in 2033 and the Social Security Administration will no longer be able to pay full benefits when they are due. Therefore, another set of
projections reflects a scenario in which Social Security outlays are limited to what is payable from annual revenues (from payroll taxes and from income taxes on benefits) after the trust funds are exhausted." MORE >>
Congressional Budget Office [CBO]
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PBGC Approves $82 Million in Additional SFA for Graphic Arts Plan
"[PBGC] has approved the supplemented application ... by the Graphic Arts Industry Joint Pension Plan. The plan, based in Washington, D.C., covers 9,854 participants in the printing industry....
The Graphic Arts Plan will receive approximately $82.2 million in supplemented SFA, which is in addition to $440 million in SFA approved for the plan by PBGC in April 2022[.]" MORE >>
Pension Benefit Guaranty Corporation [PBGC]
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[Opinion]
How Does the Threat of Litigation Shape Trends in DC Plan Design?
"There are ways to begin to create an environment for plan sponsors which can reduce the risk of litigation and encourage more innovation. [1] Judges should have more discretion to assess the merits of a case earlier ... [2] Policymakers and regulators should
provide clearer guidance for sponsors ... [3] Sponsors should engage in more frequent review of fund offerings and service providers." MORE >>
Georgetown University Center for Retirement Initiatives
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Executive Compensation and Nonqualified Plans |
ESG Measures in Executive Incentive Plans Gaining Momentum
"Seven in 10 S&P 500 companies (69%) reported in this year's proxies that they use at least one ESG metric in their executive incentive plans, an increase from the 60% they reported last year.... [T]wo-thirds of companies (67%) tie their short-term incentive plans to at
least one ESG measure, up from the 59% they reported last year, while the number of companies that use at least one ESG measure in their long-term incentive plans rose from 5% to 8%." MORE >>
Willis Towers Watson
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Press Releases |
Council Makes Simplified Advisor Search RFP Template Available Free of Charge and Free of Copyrights
Retirement Advisor Council
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Lincoln Financial Group Announces Launch of Financial Wellness Marketplace for Employer Customers
Lincoln Financial Group
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Webcasts and Conferences (Retirement Plans / Executive Compensation) |
PTE 2020-02: Self-Corrections, Retrospective Reviews & Penalties for Non-Compliance
RECORDED
fi360
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Healthcare Savings in Retirement
December 15, 2023 WEBCAST
CAPTRUST Financial Advisors
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The DOL’s Latest Guidance on ESG Investing and Proxy Voting: Key Implications for Plan Fiduciaries
December 16, 2023 WEBCAST
Ropes & Gray
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Last Issue's Most Popular Items |
Is Your Benefit Plan Missing an Audit Report?
EisnerAmper
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2023 Trends and Predictions for Retirement Plan Sponsors
CAPTRUST
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Retirement Plan Procedures, Practices, and Internal Controls
Watkins Ross
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BenefitsLink Retirement Plans Newsletter, ISSN no. 1536-9587.
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