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Retirement Plans Newsletter
May 30, 2023
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3 New Job Opportunities
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[Guidance Overview]
Viewing SECURE 2.0 Through a 403(b) Lens
"[1] Long-term, part-time worker eligibility ... [2] Multiple-employer plans (MEPs) ... [3] Investment in collective investment trusts (CITs) ... [4] Hardship withdrawal conforming changes ... [O]ther SECURE 2.0 provisions [that] apply to
403(b) and other DC plans." MORE >>
Mercer
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[Guidance Overview]
Small Business Administration Guidance Streamlines Process for Loans to ESOPs
"Procedural Notice 5000-846607 amends the SBA’s Standard Operating Procedure Summary (“SOP Summary”) to remove
the requirement of an “equity injection of at least 10 percent of total project costs” applicable to loans to ESOPs for the purpose of purchasing a controlling interest of an employer. This change is effective May 11, 2023." MORE >>
Groom Law Group
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[Guidance Overview]
IRS Provides New Guidance for Self-Correction
"[T]he IRS issued Notice 2023-43 to provide interim guidance on the [SECURE 2.0] expansion of EPCRS.... The expanded
program is not limited to failures that occurred on or after the Act was adopted; failures that occurred before December 29, 2022, may also be self-corrected under the expanded EPCRS." MORE >>
Jackson Lewis P.C.
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[Guidance Overview]
Minnesota Establishes State-Sponsored 'SECURE Choice' Retirement Program for Private-Sector Employers Without Retirement Plans
"The Minnesota Secure Choice retirement program requires participation by employers that employ five or more covered employees and do not sponsor their own retirement plans. ... [O]peration of the program [will begin] no earlier than January 1, 2025. Covered
employers will be required to enroll covered employees, withhold contributions from payroll (unless an employee has elected not to contribute), remit payroll contributions to the program, and provide program information to employees." MORE >>
Ogletree Deakins
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District Court Holds Employer 'Expelled' from Plan May Not Have Effected a 'Withdrawal'
"The plan expelled the employer because it was transferring work to non-union workers. The plan assessed the employer over $58 million in withdrawal liability ... The court relied on the dictionary definition and common usage to conclude that the term
'withdrawal' presupposes a voluntary act by the employer ... In reaching its decision, the court parted ways with other decisions in which district courts held that 'voluntariness' has no bearing on whether an employer is deemed to have effected a 'withdrawal.' " [Central States v. Wingra, No. 21-3684 (N.D. Ill. Jan. 17, 2023)] MORE >>
Proskauer
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'Close Question' Commodity Claims Clear 401(k) Excessive Fee Dismissal
"[Several] recent decisions ... have dismissed suits for what were deemed conclusory claims that fees were excessive relative only to plans alleged to be comparable based solely on size (participants and/or assets). What seems to have made the difference [in this case] was
the (not terribly more substantive claim) that the services provided for those fees were identical, a fungible commodity." [Mazza v. Pactiv Evergreen Services Inc., No. 22-05052 (N.D. Ill. May 18, 2023)] MORE >>
American Retirement Association [ARA]
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Can Interns Be Excluded from an Employer's 401(k) Plan?
"The answer is generally yes, but different conditions must be satisfied depending on whether the intern job classification results in an indirect service requirement." MORE >>
Haynes and Boone, LLP
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Pension Risk Transfers Continue to Skyrocket in Q1
"LIMRA analysts found that single premium buy-out assets reached $239.5 billion in this year's first quarter, up from 25% from the prior year. In addition, despite the lack of new sales, single premium buy-in assets were $5.9 billion, down 8% from Q1
2022." MORE >>
PLANSPONSOR; free registration may be required
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Gen Z Trusts Financial Professionals, But Not Ready to Hire Them
"Only 30% of Gen Z investors learned about investing from a financial professional, falling behind information gleaned from social media (48%), internet search (47%) and family (45%) ... [W]hen asked to identify their most trusted sources for financial information, Gen Z
investors placed financial professionals second at 24%. Parents and family were considered most trusted, at 27% of participants." MORE >>
planadviser
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Executive Compensation and Nonqualified Plans |
[Guidance Overview]
Dodd-Frank: Determining the Sources of Funds for When a Clawback Is Triggered
"The source of funds in a clawback for current employees is straightforward: Future pay provides a ready source.... For former officers who have left the company, ... most companies should consider whether a mandatory deferral program makes sense.... Despite the challenges,
a program of mandatory deferrals may eliminate the need for a hierarchy of clawback sources within a company's clawback policy." MORE >>
Willis Towers Watson
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Employee Benefits Jobs |
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Selected New Discussions |
Tricky Distribution Issue
"A participant dies without a beneficiary so it defaults to the estate. The Account balance is relatively low (usually under $5k) and no one is willing to accept the benefit because either [1] the cost to probate the estate exceeds the value of the benefit and the state does
NOT allow small estate affidavits, or [2] the estate has already been probated (generally making it ineligible for small estate affidavit) and the cost to reopen the estate exceeds the value of the benefit. How do we get these assets distributed without subjecting the plan to significant risk?"
BenefitsLink Message Boards
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Webcasts and Conferences (Retirement Plans / Executive Compensation) |
Update on PTE 20-02 after DOL Drops Appeal + Tips & Traps for Retrospective Review
June 1, 2023 WEBINAR
Broadridge
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Last Issue's Most Popular Items |
Congress Weighs in on SECURE 2.0 Guidance/Technical Corrections
October Three Consulting
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IRS Issues SECURE 2 0 Guidance on Expanded Availability of Self Correction
Kilpatrick Townsend
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What Is the Right Option for a Spouse IRA Beneficiary?
Morningstar
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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