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Retirement Plans Newsletter
May 24, 2023
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8 New Job Opportunities
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[Guidance Overview]
SECURE 2.0 Provides New Options for Retirement Plan Distributions
"This post summarizes the new distribution options, including penalty-free withdrawals, applicable to defined contribution plans ... and provides a timeline of their effective dates. The new options further evidence Congress's growing appetite for approving legislation
that allows greater pre-retirement access to funds intended for retirement." MORE >>
Verrill Dana LLP
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[Guidance Overview]
New 401(k) Audit Rule for Form 5500 is Good News for Small Businesses
"Recent [DOL] changes to the Form 5500 will allow now allow plans to count fewer participants when determining the need for an audit.... The new participant counting method is effective for plan years beginning on or after January 1, 2023. It's important for small
businesses to understand how the method will impact their plan's audit requirements." MORE >>
Employee Fiduciary
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[Guidance Overview]
IRS Issues Guidance on Nonfungible Tokens (NFTs) in IRAs and Tax-Qualified Individual Account Plans (PDF)
"Even if some NFTs would not be treated as collectibles by the IRS, not every IRA custodian or trustee will choose to offer them. When NFTs that are not collectibles are offered as an IRA or plan investment, IRA owners and plan participants should carefully review the terms of
the IRA custodial or trust agreements to ensure they fully understand how these assets will be treated under the agreements." MORE >>
The Wagner Law Group
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[Guidance Overview]
What Plan Fiduciaries Should Know About SEC's Final Form PF Amendments
"Plan fiduciaries that utilize private equity funds, and regulated entities that serve these plan sponsors, should take note of [recent SEC changes to Form PF], as some have the potential to materially alter and increase reporting costs.... [T]he SEC's comments in the
preamble reflect a concern for individual and real estate investors given a perceived lack of transparency and increased complexity in the private fund space when compared to other asset classes such as publicly traded equities." MORE >>
Groom Law Group
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[Guidance Overview]
CRS Report: Railroad Retirement Board -- Retirement, Survivor, Disability, Unemployment, and Sickness Benefits
17 pages. "This report explains the programs under [the Railroad Retirement Act (RRA) and the Railroad Unemployment Insurance Act (RUIA)], including how each program is financed, the eligibility rules, and the types of benefits available to railroad workers and family members. It
also discusses how railroad retirement relates to the Social Security system. " [RS22350 updated May 23, 2023] MORE >>
Congressional Research Service [CRS]
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Participant Data Breach Hits Retirement Clearinghouse
"The clearinghouse alerted more than 10,000 people that private information, including IRA account data, may have been stolen.... The Retirement Clearinghouse's auto-portability network ... includes financial firms such as Empower, Fidelity Investments, TIAA and Vanguard
and represents about 62 million workers and 139,000 employer-sponsored retirement plans." MORE >>
PLANSPONSOR; free registration may be required
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What Professional Fiduciaries Really Think Are 401(k) Plan Sponsors' Biggest Challenge
"Whether it was from the point of view of the professional fiduciary or the plan sponsor, ChatGPT said the biggest fiduciary challenge was picking investments. For real-life professional fiduciaries who have a much bigger picture of things, investment options represent merely one
aspect of a broader challenge facing 401k plan sponsors. Even so, these retirement plan concerns pale in comparison to everyday operating priorities." MORE >>
Fiduciary News; free registration required
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Workplace Financial Wellness in America (PDF)
27 pages. "Employees are more than twice as likely to engage in virtual financial coaching than live financial coaching ... Virtual coaching ... should not be relied upon as a sole means to improving employee financial behavior. Employers should evaluate organizational obstacles
that may limit employee utilization of live services and develop strategies that encourage engagement with human financial coaches." MORE >>
Financial Finesse
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U.S. Public Sector Pension Plans Are Set to Increase Spending on Stress Testing
"Despite reporting extremely high levels of efficacy with existing stress testing and scenario modeling -- 44% say they are very effective and 56% say they are quite effective at asset liability management (ALM) -- over the next two years 90% of the public sector pension
professionals interviewed say the plans they work for will spend more on tools in this area." MORE >>
Ortec Finance
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Congress Tells Treasury SECURE 2.0 Corrections Are Coming
"On [May 23], Congress sent a letter to the Treasury Department informing Secretary Janet Yellen and [IRS] Commissioner Daniel Werfel that it will introduce legislation to fix several technical errors contained in SECURE 2.0." MORE >>
American Retirement Association [ARA]
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Employee Benefits Jobs |
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Selected New Discussions |
Long-Term Part-Time Employees
"The more I read these rules the more convinced I am that the only possible option is to avoid these rules altogether by designing eligibility rules to avoid excluding LTPT Employees. So for example the most simplified approach here will be to change the 1,000 hours in 12 months
eligibility to 500 hours (at least for 401(k)). There are other options, but I am concluding that what is not an option is for a client to try and administer these LTPT rules in the context of a plan with 1,000 hours and 12 months 'normal' eligibility."
BenefitsLink Message Boards
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Owner-Only DC Plan: Participant Deceased with No Designated Beneficiary
"DC Plan, only participant was owner, spouse pre-deceased, no children, no beneficiary designation. There is a will directing how the Estate is to be distributed. Do the plan assets get paid to the estate, and then distributed accordingly? Can any relatives (or even non-related
beneficiaries) roll to IRA's? Any other tax advantaged methods of distribution available?"
BenefitsLink Message Boards
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Rollover Receiving Plan Wants a Qualification Letter
"Several times recently, distributions have been requested where the receiving retirement plan or IRA has requested a 'qualification letter' from the sending plan. Sometimes the receiving plan is appeased with a copy of the IRS opinion letter, other times there is
pushback. There is one right now where Fidelity is insisting the Opinion Letter is not what they want (the sending plan is not audit sized, so there is no audit statement, and while the assets are held with a custodian that does recordkeeping, not all plans pay extra for a certified trust statement either). What do they mean when they say they want a qualification letter? The receiving plan provider can't seem to articulate it, and it is
holding up distributions. I don't think the sponsor (who is the named Plan Administrator) minds writing a letter saying they believe the plan to be qualified. They would be happy to. But is that what they want? At one point a receiving plan was saying the letter had to cover the qualification of the plan for this year (they didn't like the date on the opinion letter I guess, among other things). Anyone have a good resource or article
or something that can help me understand?"
BenefitsLink Message Boards
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Webcasts and Conferences (Retirement Plans / Executive Compensation) |
SECURE 2.0: Rethinking the Match -- Student Loan Repayments
June 28, 2023 WEBINAR
Thompson Hine LLP
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Last Issue's Most Popular Items |
SECURE 2.0 Expands EPCRS to Correct Inadvertent IRA Errors
Morgan Lewis
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Are Emergency Savings Account Deferrals Subject to Nondiscrimination Testing?
Groom Law Group, via PLANSPONSOR; free registration may be required
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Why 'Unbundled' Retirement Plan Administration Could Be the Right Choice for Plan Sponsors
Definiti
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Copyright 2023 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.
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