BenefitsLink.com logo
EmployeeBenefitsJobs.com logo

Retirement Plans Newsletter

December 29, 2022

New Job Opportunity Today New Job Opportunity Today

 

[Official Guidance]

Text of IRS Proposed Regs and Notice of Public Hearing: Use of an Electronic Medium to Make Participant Elections and Spousal Consents

33 pages. "This document sets forth a proposed regulation relating to the use of an electronic medium for participant elections and spousal consents. The proposed regulation provides an alternative to in-person witnessing of spousal consents required to be witnessed by a notary public or a plan representative, and clarifies that certain special rules for the use of an electronic medium for participant elections also apply to spousal consents.... A telephonic public hearing on this proposed regulation has been scheduled for April 11, 2023 ...

"The proposed regulation modifies the participant election rules in Section 1.401(a)-21(d) in two significant ways. First, the proposed regulation sets forth alternatives to the physical presence requirement in Section 1.401(a)-21(d)(6) for the witnessing of a spousal consent.... Second, the proposed regulation clarifies that the protections in Section 1.401(a)-21(d) that apply to participant elections made using an electronic medium also apply to spousal consents made using an electronic medium....

"Section 1.401(a)-21(d)(6)(i) of the proposed regulation generally retains the physical presence requirement set forth in the existing regulation.... However, the proposed regulation also provides two alternatives to the physical presence requirement for spousal consents. These two alternatives are similar to the alternatives in the temporary relief notices issued in response to the COVID-19 pandemic."  MORE >>

Internal Revenue Service [IRS]

[Official Guidance]

Text of IRS Form 5330: Return of Excise Taxes Related to Employee Benefit Plans (PDF)

6 pages; rev. December 2022.  MORE >>

Internal Revenue Service [IRS]

[Official Guidance]

Text of IRS Form 15315 and Instructions: Annual Certification for Multiemployer Defined Benefit Plans (PDF)

4 pages; rev. Dec. 2022. "Form 15315 ... is used to report the actuarial certification of a multiemployer plan's status. The plan actuary must file this form annually with the IRS to satisfy the reporting requirements of IRC Section 432(b)(3)."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

SECURE 2.0: A Summary of Key Changes Impacting Employer-Provided Retirement Plans

"Beginning in 2023, 403(b) plans can join a multiple employer plan (MEP) or pooled employer plan (PEP).... For distributions after Dec. 31, 2023, the involuntary distribution threshold will increase from $5,000 to $7,000.... Beginning in 2024, the CAA allows employers to create an Emergency Savings Account (EAS) as part of a defined contribution plan."  MORE >>

Fox Rothschild LLP

Creating Income Is Top Motive for Annuity Buyers

"[W]hile buyers list many reasons for their purchases, the single most important factor cited by the largest number of investors was the ability to generate guaranteed income while continuing to be able to access their account value. Other things that influenced investors' decision to buy include the interest rate or projected return of the annuity, the ability to annuitize the contract and receive guaranteed lifetime income, and protection of principal."  MORE >>

LIMRA

How Much Do Public Employees Value Defined Benefit Versus Defined Contribution Retirement Benefits?

"89.2% of respondents are willing to accept a hard freeze of their defined benefit (DB) plan and the introduction of a DC plan at some contribution level. Conditional on acceptance, the median minimum contribution rate that respondents would require -- if no additional retirement benefits would accumulate under their existing plan -- is 10% of payroll, while the mean is 18.2% of payroll.... Consistent with typical DB accrual patterns in the presence of early retirement options, employees with around 20 years of service require the largest DC contributions to switch."  MORE >>

Oliver Giesecke and Joshua D. Rauh, via SSRN

Benefits in General

[Official Guidance]

Text of IRS Notice 2023-03: 2023 Standard Mileage Rates (PDF)

"This notice provides the optional 2023 standard mileage rates for taxpayers to use in computing the deductible costs of operating an automobile for business, charitable, medical, or moving expense purposes. This notice also provides the amount taxpayers must use in calculating reductions to basis for depreciation taken under the business standard mileage rate, and the maximum standard automobile cost that may be used in computing the allowance under a fixed and variable rate (FAVR) plan....

"The standard mileage rate for transportation or travel expenses is 65.5 cents per mile for all miles of business use (business standard mileage rate).... The standard mileage rate is 14 cents per mile for use of an automobile in rendering gratuitous services to a charitable organization under Section 170.... For automobiles a taxpayer uses for business purposes, the portion of the business standard mileage rate treated as depreciation is 26 cents per mile for 2019, 27 cents per mile for 2020, 26 cents per mile for 2021, 26 cents per mile for 2022, and 28 cents per mile for 2023."  MORE >>

Internal Revenue Service [IRS]

Executive Compensation and Nonqualified Plans

[Guidance Overview]

SEC Adopts Key Changes to 10b5-1 Plans to Prevent Insider Trading

"For corporate officers, directors, and employees seeking to use 10b5-1 plans as an affirmative defense against insider-trading liability when they sell or buy company stock, these rule changes include: [1] A 'cooling off' (i.e. waiting) period.... [1] No overlapping 10b5-1 plans for open-market trades.... [3] A limit on single-trade plans to one per 12-month period."  MORE >>

myStockOptions.com

[Guidance Overview]

SEC Adopts New Requirements for Rule 10b5-1 Insider Trading Plans and Related Disclosures

"Issuers will need to update their existing insider trading policies and procedures, and must comply with new disclosure requirements relating to the material terms of insider trading plans and arrangements established by their directors and executive officers and stock option (and similar) grants to named executive officers."  MORE >>

Nixon Peabody LLP

Employee Benefits Jobs

View job as Retirement Plan Administrator
            for Powers Stromberg Pension Consulting

Retirement Plan Administrator

Powers Stromberg Pension Consulting

Spokane WA

View job as Retirement Plan Administrator for Powers Stromberg Pension Consulting

Selected New Discussions

Controlled Group Testing When Participant / Owner Is Not Eligible?

"Facts: Suppose you have a husband and wife with no kids living in a community property state. Also, suppose he owns 82% of his corporation with no employees and is eligible for his companies' retirement plan. She also owns 82% of her corporation has 3 employees except she is not eligible for her corporation's plan. Question: A controlled group seems to exist here but would both plans need to be aggregated for testing when she is not eligible for either plan?"

BenefitsLink Message Boards

Excess IRA Contribution Converted to Roth

"Client established a traditional IRA and made a $7,000 contribution in 2022 and then converted it to a Roth IRA. In doing year-end projections, the accountant determines that the client does not have any earned income for 2022 and therefore the IRA contribution is an excess contribution. The current account value is $6,700. Ordinarily, excess contributions must be withdrawn from the IRA to which made but in this case the original IRA no longer exists. Seems the only logical thing to do is withdraw the $6,700 from the Roth IRA. The client is going to get a 1099 for the conversion to Roth. Since he can't claim the $7,000 as a deductible contribution (which, if it wasn't an excess contribution, would result in a wash for tax purposes) is he now facing taxable income of $7,000? The 1099 issued for the refund of the excess contribution from the Roth is a non-taxable transaction. Any thoughts on how this individual avoids picking up $7,000 of taxable income?"

BenefitsLink Message Boards

Dates for Notices of Plan Termination

"Looking to confirm what date for plan termination can be for a qualified plan. For DC plans and non-PBGC-covered DB plans is it at least 15 days prior to the date of termination when notices need to be provided to participants? For PBGC-covered DB plans is it 60 - 90 days before date of termination when notice have to be provided?"

BenefitsLink Message Boards

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

It's Here! SECURE 2.0 Act of 2022

January 5, 2023 WEBCAST

Pentegra

Last Issue's Most Popular Items

SECURE Act 2.0: Congress Delivers Retirement Plan Legislation as Part of Year-End Spending Bill

Morgan Lewis

SECURE 2.0 Is Finally Passed with Gifts for Everyone

Cohen & Buckmann, P.C.

SECURE Act 2.0: Detailed Breakdown of Key Tax Opportunities

Nerd's Eye View

Unsubscribe  |   Change Email Address

Search Past Issues   |   Privacy Policy

Submit an Article   |   Contact Us   |   Advertise Here

Copyright 2022 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.

BenefitsLink Retirement Plans Newsletter, ISSN no. 1536-9587.

Links to web sites other than BenefitsLink.com and EmployeeBenefitsJobs.com are offered as a service to our readers. We are not involved in their production and are not responsible for their content.