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Retirement Plans Newsletter
June 2, 2023
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New Job Opportunity Today
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[Official Guidance]
Text of Instructions for IRS Form 5307: Application for Determination for Adopters of Modified Nonstandardized Pre-Approved Plans (PDF)
Rev. June 2023. "What's New: The form and instructions have been updated to be completed on Pay.gov as of July 1, 2023.... The form and the instructions have undergone major revisions in the format and information required." MORE >>
Internal Revenue Service [IRS]
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[Guidance Overview]
IRS Interim Guidance on Self-Correction Under SECURE 2.0
"[Notice 2023-43], which is in the form of questions and answers, covers: [1] Conditions
for self-correction; [2] Eligible inadvertent failures that may not be self-corrected at this time; [3] Conditions that will not apply under the interim guidance ... Plan sponsors may rely on this guidance in determining whether self-correction is allowed until IRS updates [Rev.
Proc. 2021-30]." MORE >>
Segal
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Senators Ask DOL to Prioritize Six SECURE 2.0 Provisions
"[One] provision the senators highlight as a priority for the [DOL] is allowing employers to offer pension-linked emergency savings accounts to non-highly compensated employees.... The senators also asked the DOL to focus on requiring defined benefit plans to include more
information on plan assets, liabilities and funding status in their annual funding notices.... The lawmakers also directed the DOL and Treasury Department to amend regulations so that defined contribution plans can consolidate certain required notices." MORE >>
Pensions & Investments
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Employer Contributions Reach Record-High Levels
"Total savings rate for the first quarter -- which reflects a combination of employer and employee 401(k) contributions -- improved to 14% (compared to 13.7% in Q4 2022 and 13.8% in Q3 2022... [T]he average 401(k) employer contribution, which includes profit sharing and
matching contributions, reached a record 4.8% in Q1[.]" MORE >>
American Retirement Association [ARA]
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U.S. Corporate Pension Plans Funding Status, May 2023
"The aggregate funded ratio for U.S. corporate pension plans increased by an estimated 0.8 percentage points in May and ended the month at 99.8% ... The monthly change in funded ratio resulted from a 2.9% decrease in liability value partially offset by a 2.0% decrease
in asset value. The aggregate funded ratio is estimated to have increased by 2.3% and 2.4% year-to-date and over the trailing twelve months, respectively." MORE >>
Wilshire Associates
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Executive Compensation and Nonqualified Plans |
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[Guidance Overview]
SEC's New Expansive Rule for Clawback of Incentive-Based Compensation Is Now in Effect (PDF)
"Encouraging executive officers to reduce errors requiring restatements, the new rule targets compensation awarded to executive officers as a result of erroneously reported financial information that is received in the three-year period preceding the date when an issuer is
required to prepare an accounting restatement due to material noncompliance with any financial reporting requirement under securities laws." MORE >>
King & Spalding, via The Journal of Federal Agency Action
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[Guidance Overview]
FAQs on the SEC's Prescribed Clawback Policy
"While the SEC may further postpone this deadline, listed issuers would be advised to prepare their boards now to approve compliant clawback policies by August 8, 2023, ... assuming that the SEC approves the listing standards by June 9, 2023[.]" MORE >>
Dorsey & Whitney LLP
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Employee Benefits Jobs |
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Selected New Discussions |
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AFTAP Certifications for Non-Calendar Year Plans
"We have several non calendar year Plans. A discussion recently came up as to the due date of the AFTAP certification. One opinion is that the due date is based on the exact date of the end of the Plan Year; just nine months later. A 3/27/2022 Plan Year End would have a due date
for the AFTAP of 12/27/2022. However, the other opinion is as such. The instructions say that the AFTAP must be certified by the first day of the 10th month. Could the 10th month be interpreted to be April? In this case the AFTAP would need to be certified by 3/31/2022. I cannot find anything specific to a non calendar year plan."
BenefitsLink Message Boards
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Form 5500-EZ Paper Filing
"I just took on a one-participant plan, the guy does not want an electronic filing and has less than 10 tax return due for the year. From what I can tell by looking at 26 CFR Section 301.6058-2, Form 5500-EZ can remain a paper form and is not mandated to be filed
electronically. I file all my plans under EFAST as the 'return receipt' is immediate, so this one seems a bit odd to me."
BenefitsLink Message Boards
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Press Releases |
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NCEO Announces 'The Download,' a Monthly ESOP Communication Resource
National Center for Employee Ownership [NCEO]
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Milliman Named 'Best in Class' Defined Contribution Recordkeeper
Milliman
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Webcasts and Conferences (Retirement Plans / Executive Compensation) |
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Self-Correcting Plan Failures: Welcome to the Promised Land (Repeat)
June 27, 2023 WEBINAR
ERISApedia
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Arbitration of ERISA Claims: Update and Latest Trends
July 13, 2023 WEBINAR
American Bar Association Joint Committee on Employee Benefits [JCEB]
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Last Issue's Most Popular Items |
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Self-Correction Changes from SECURE 2.0 Are Immediately Effective
Ferenczy Benefits Law Center
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SECURE 2.0: Expanded Matching Contribution and Emergency Savings Account Provisions
Morgan Lewis
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Text of IRS Instructions for Form 5310: Application for Determination for Terminating Plan (PDF)
Internal Revenue Service [IRS]
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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