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Retirement Plans Newsletter

January 10, 2023

8 New Job Opportunities 8 New Job Opportunities

 

[Official Guidance]

Text of 2023 IRS Form W-4R: Withholding Certificate for Nonperiodic Payments and Eligible Rollover Distributions (PDF)

"Complete Form W-4R to have payers withhold the correct amount of federal income tax from your nonperiodic payment or eligible rollover distribution from an employer retirement plan, annuity (including a commercial annuity), or individual retirement arrangement (IRA)."  MORE >>

Internal Revenue Service [IRS]

[Sponsor]

Advanced Pension Conference on January 24-26, 2023

Join us at the APC for a deep dive into SECURE 2.0 and its impacts. The panel of ERISA experts will provide a substantive analysis and a discussion of the practical implementations. Earn up to 15 CE credits. See agenda and register here.

Sponsored by FIS Retirement Education

[Official Guidance]

Text of 2023 IRS Form W-4P: Withholding Certificate for Periodic Pension or Annuity Payments (PDF)

"Complete Form W-4P to have payers withhold the correct amount of federal income tax from your periodic pension, annuity (including commercial annuities), profit-sharing and stock bonus plan, or IRA payments."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

SECURE 2.0 in 2023 and Beyond

"Effective immediately, employers can permit participants ... to elect that matching or non-elective contributions are made as Roth (after-tax) contributions.... Roth matching or non-elective contributions will, of course, result in taxable income to the participant, including a tax withholding requirement. Employers will need to work out how to satisfy this tax withholding from other compensation paid to the employee or through other means[.]"  MORE >>

Eversheds Sutherland

[Guidance Overview]

The SECURE Act 2.0: The Most Impactful Provisions, Part 1 -- Automatic Plans

" 'New' 401(k) and 403(b) plans must be automatically enrolled, with automatic deferral increases, no later than the plan year beginning after December 31, 2024 (e.g., 2025 for calendar year plans). Any plan 'established' on or after December 29, 2022 is considered a new plan. Defaulting participants must be invested in a QDIA. There are exceptions for government plans, church plans, SIMPLE 401(k) plans, employers with 10 or fewer employees, and employers during their first 3 years of existence."  MORE >>

FredReish.com

Supreme Court Declines to Hear Cintas ERISA Arbitration Case

"The justices, without comment, left standing a [Sixth Circuit ruling] saying that an ERISA lawsuit filed by two former employees in a company 401(k) plan wasn't subject to arbitration. The appeals court ... said compelling arbitration for an ERISA dispute was allowable if an arbitration provision was part of a retirement plan document, but that arbitration provisions in individual employee contracts ... didn't extend to ERISA." [Hawkins v. Cintas Corp., No. 21-3156 (6th Cir. Apr. 27, 2022; cert. denied Jan. 9, 2023)]  MORE >>

Pensions & Investments

The Key Fiduciary Liability Storylines of 2022

"The risk environment for fiduciaries of America's employee benefit plans continues to heighten, as creative and enterprising plaintiff lawyers discover new ways to engineer fiduciary risk for plan fiduciaries in America's judicial system. This past year, politicians and regulators have added further uncertainty and risk for plan fiduciaries. [This article provides] a summary of the key fiduciary liability stories from the past year, and the implications for what might lie ahead in 2023 and beyond."  MORE >>

Euclid Specialty Managers

2023 Reporting and Disclosure Requirements

"This article provides reporting and disclosure requirements under ongoing calendar-year qualified plans in the United States."  MORE >>

Willis Towers Watson

How 20-Year-Olds Invested Over the Generations Reveals Key Fiduciary Tips for 401(k) Plan Sponsors

"Tracking how similar age cohorts in different generations have made their decisions can allow 401k plan fiduciaries a window through which they can see how the mind operates. Since you know the best time to save for retirement occurs when you first start working, perhaps it's a good idea to look at the investing habits of people in their twenties."  MORE >>

Fiduciary News; free registration required

2023 Hot Topics in Retirement and Financial Wellbeing

"This report summarizes the findings of our annual survey that captures changes employers intend to make to their retirement and financial wellbeing plans in the year ahead.... This year's report includes insights on several new topics, including: [1] Reactions to investing in a high-inflation environment; [2] Thoughts on digital assets and ESG in defined contribution plans; [3] Perspectives on employers' DE&I initiatives."  MORE >>

Alight Solutions; free registration required for full report

Pensionomics 2023: Measuring the Economic Impact of Defined Benefit Pension Expenditures (PDF)

32 pages. "[R]etiree spending of public and private sector pension benefits in 2020 generated $1.3 trillion in total economic output, supporting nearly 6.8 million jobs across the nation. Pension spending also added nearly $157.7 billion to government coffers at the federal, state, and local levels. A map with downloadable state fact sheets regarding the economic impact of state and local pension plans is available here."  MORE >>

National Institute on Retirement Security [NIRS]

Pension Funding Index, January 2023

"The funded status of corporate pension plans experienced a 12.1% boost in 2022 despite investment returns for the year of -13.53%. Increasing discount rates and the corresponding liability ... decrease of 22.57% more than offset the asset losses[.]"  MORE >>

Milliman

[Opinion]

American Benefits Council Comment Letter to EBSA: Proposed Amendments to the QPAM Exemption

"Many investment strategies are quite complex and depend on an investment manager fully understanding the short-term and long-term needs and objectives of the plan. This understanding is often built up over years. It is very disruptive and harmful to be forced to give up this excellent relationship and engage in a lengthy and expensive search for a new investment manager with little or no history with the plan.... By disqualifying a QPAM in cases where such treatment is not warranted, the proposal would be harming the plan and its participants."  MORE >>

American Benefits Council

[Opinion]

Time for SECURE 3.0

"America has a retirement crisis, and SECURE 2.0 takes some important steps to address it.... These are important, but they are not enough. At least three additional changes should be part of SECURE 3.0."  MORE >>

PLANSPONSOR; free registration may be required

Benefits in General

[Official Guidance]

Text of IRS Disaster Relief Announcement Ca-2023-01, for Victims of Severe Winter Storms, Flooding, and Mudslides in California

"Victims of severe winter storms, flooding, and mudslides in California beginning January 8, 2023, now have until May 15, 2023, to file various individual and business tax returns and make tax payments ... [I]ndividuals and households affected by severe winter storms, flooding, and mudslides that reside or have a business in Colusa, El Dorado, Glenn, Humboldt, Los Angeles, Marin, Mariposa, Mendocino, Merced, Monterey, Napa, Orange, Placer, Riverside, Sacramento, San Bernardino, San Diego, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa Clara, Santa Cruz, Solano, Sonoma, Stanislaus, Sutter, Tehama, Ventura, Yolo, and Yuba counties qualify for tax relief."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

2023 Benefit Basics for Pension and Health and Welfare Plans

"This article provides a listing of 2023 statutory limits for pension and health and welfare plans in the United States.... These limits potentially impact design, administration, communication and tax reporting for the related benefit plans."  MORE >>

Willis Towers Watson

Employee Benefits Jobs

View job as 401(k) Distribution Team Leader
            for Nova 401(k) Associates

401(k) Distribution Team Leader

Nova 401(k) Associates

Remote

View job as 401(k) Distribution Team Leader for Nova 401(k) Associates

View job as Associate Attorney
            for Segal Roitman, LLP

Associate Attorney

Segal Roitman, LLP

Boston MA

View job as Associate Attorney for Segal Roitman, LLP

View job as Quality Assurance Manager
            for Nova 401(k) Associates

Quality Assurance Manager

Nova 401(k) Associates

Remote

View job as Quality Assurance Manager for Nova 401(k) Associates

View job as Client Service Specialist
            for EPIC Retirement Plan Services

Client Service Specialist

EPIC Retirement Plan Services

Remote

View job as Client Service Specialist for EPIC Retirement Plan Services

View job as Director of Retirement Plan Consulting
            for EPIC Retirement Plan Services

Director of Retirement Plan Consulting

EPIC Retirement Plan Services

Saint Louis MO

View job as Director of Retirement Plan Consulting for EPIC Retirement Plan Services

View job as Financial Services Representative
            for The Standard

Financial Services Representative

The Standard

Remote

View job as Financial Services Representative for The Standard

View job as 5500 Specialist
            for 401k Generation

5500 Specialist

401k Generation

Altamonte Springs FL

View job as 5500 Specialist for 401k Generation

View job as Client Operations Support Specialist
            for 401k Generation

Client Operations Support Specialist

401k Generation

Altamonte Springs FL

View job as Client Operations Support Specialist for 401k Generation

Selected New Discussions

Plan Compensation: How to Count 'Gross Up' on Taxable Fringe Benefits

"Suppose employer provides a fringe benefit which is taxable. Further suppose that the employer provides a 'gross up' on the taxable fringe benefit. Finally, let's suppose that this particular fringe benefit IS excluded for plan purposes, and that fringe benefit taxable amount is $1,000, and the 'gross up' is an additional $250. Is the 'gross up' considered part of the taxable fringe benefit, and thus excluded for plan purposes? Or, is it considered separate, and therefore normal plan wages since not excluded?"

BenefitsLink Message Boards

What Distribution Fee Should a Plan Charge for an Early-Out Withdrawal?

"Some BenefitsLink neighbors have observed that a recordkeeper will incur considerable expenses to tool up for new distributions and other features SECURE 2.0 permits. And some have observed that, even if one knew or estimated that many or most plan sponsors don't want the newly permitted provisions, the expense to build a capability is almost unavoidable, because there will be some current and prospective service recipients that want a provision (or the opportunity and flexibility to choose it).... How should plan fiduciaries and recordkeepers together seek to allocate these expenses? ... Should a fee for processing an emergency personal expense distribution be less than, the same as, or more than the fee for processing a normal distribution? Why? Should a fee for processing a domestic-abuse distribution be less than, the same as, or more than the fee for processing a normal distribution? Why? Should a fee for processing a hardship distribution be less than, the same as, or more than the fee for processing a normal distribution? Why? Should a plan's sponsor -- using its non-fiduciary settlor powers to decide a plan's provisions, including charges -- favor or disfavor some kinds of distributions? Should a sponsor disfavor an emergency personal expense distribution by charging a higher distribution fee? Should a sponsor disfavor a hardship distribution by charging a higher distribution fee?"

BenefitsLink Message Boards

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

SECURE Act 2.0

January 18, 2023 WEBINAR

Miller Johnson

SECURE 2.0

January 19, 2023 WEBINAR

ERIC [ERISA Industry Committee]

Hot Topics in Setting Pension Return Assumptions Webcast

January 27, 2023 WEBINAR

Society of Actuaries

Compensation: Are You Getting The Correct Data?

March 1, 2023 WEBINAR

ASPPA [American Society of Pension Professionals & Actuaries]

Annual Legal and Regulatory Update

March 9, 2023 in OH

Worldwide Employee Benefits Network [WEB] - Northeast Ohio Chapter

Last Issue's Most Popular Items

SECURE 2.0 Overpayment Provisions Now Effective

Cheiron

More Roth, More Catch-Up, and Catch-Up as Roth: SECURE 2.0

Jackson Lewis P.C.

Text of IRS Rev. Proc. 2023-4: Employee Plans Determination Letters and Private Letter Rulings

Internal Revenue Service [IRS]

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

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