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Retirement Plans Newsletter

June 6, 2023

2 New Job Opportunities 2 New Job Opportunities

 

[Guidance Overview]

SECURE 2.0 Provides New Optional In-Service Withdrawal Right for Domestic Abuse Victims

"Plan participants who self-certify as a victim of domestic abuse may make an eligible distribution within a one-year period beginning on any date on which the individual is a victim of abuse by a spouse or domestic partner.... Amounts withdrawn may be paid back into the plan within a three-year period, beginning on the day following the distribution. If the amount is repaid within that three-year period, the income tax will be refunded on the repaid money."  MORE >>

Bricker Graydon

[Guidance Overview]

Long Term Part Time Employees Impact Retirement Plans Beginning in 2024

"Participants solely eligible due to the LTPT rules may be excluded from the nondiscrimination and coverage testing.... If as a Plan Sponsor you choose to include this group for any Employer contribution, their vesting is based on a service year of 500 hours, including years prior to 2021.... Once a LTPT employee enters the plan, they continue to be eligible even if their hours drop in future years."  MORE >>

Watkins Ross

Justice Department to District Court: DOL ESG Rule Is 'Product of Reasoned Decision Making'

"The rule ... 'falls comfortably within the department's statutory authority,' the Justice Department said in [a] June 2 filing ... [In] promulgating the new rule, 'DOL reaffirmed, consistent with ERISA's statutory text, that fiduciaries' exclusive purpose must be to secure financial benefits for plan participants and beneficiaries, and that this purpose may never be subordinated to unrelated goals,' the Justice Department added." [Utah v. Su, No. 23-00016, (N.D. Tex. defendant's memorandum filed Jun. 2, 2023)]  MORE >>

Pensions & Investments

District Court Denies Employer's 'Injury-In-Fact' Challenge to Withdrawal Liability

"The defendants argued that, as a result of the financial support provided under [the Bipartisan American Miners Act ], the plan was in fact fully funded and therefore did not suffer the injury-in-fact necessary to collect any additional amounts from withdrawing employers or their controlled group members. The court rejected this argument ... [T]his decision does not bode well for employers that may seek to assert a similar argument to challenge the plan's standing to collect some or all of its share of the plan's withdrawal liability after having received [special financial assistance under ARPA]." [Holland v. Murray, No. 21-567 (D.D.C. Mar. 27, 2023)]  MORE >>

Proskauer

401(k) Features That Need Tweaking

"[1] Clearer fee disclosure.... [2] Make it easier and less costly to access cash.... [3] Remove brokerage options.... [4] Replace employer-centric accounts with employee-centric accounts.... [5] Non-retirement plan integration.... [6] Clarify scope of ERISA preemption."  MORE >>

Fiduciary News; free registration required

Is Now the Time for Plan Fiduciaries to Think About Bitcoin?

"Even if a plan fiduciary is not ready to make bitcoin available to plan participants or place [it] on a pension fund's balance sheet, it is time for all plan fiduciaries to have a deep understanding of Bitcoin's fundamental properties. One question that plan fiduciaries should ponder is: If this market cycle is not the right time for plan participants and plans to invest in bitcoin, how many more successful market cycles are needed?"  MORE >>

Ryan P. Moulder

Americans Have to Plan for a New Retirement Reality (PDF)

"Many Americans now say that their retirement strategy is derailed, and they aren't sure when or how they will get it back on track. More than half of Americans say they consider 'financial crises' a permanent part of their retirement planning."  MORE >>

Allianz Life Insurance Company of North America

How Accurately Do People Perceive Their Retirement Preparedness?

"Most households in the National Retirement Risk Index have a good sense of whether they are on track for retirement: 40 percent are in good shape and know it. 20 percent are in trouble and know it. The rest are either 'not worried enough' or 'too worried.' Those 'not worried enough' are more likely to have higher incomes and may misjudge how much their assets can provide. While this group is in the most danger of saving too little, even those who do recognize they are in trouble may not act unless prodded."  MORE >>

Center for Retirement Research at Boston College

[Opinion]

The First ESG Breach of Fiduciary Duty Lawsuits

"[T]hese activist crusades are all flawed from a fiduciary perspective, revealing that there is an ulterior and improper political motive at work here.... There is no merit to any of the litigation or the corporate resolutions. But unfortunately, the retirement plan fiduciaries are pawns in culture wars being waged by activists."  MORE >>

Euclid Specialty Managers

[Opinion]

NTSA Spikes Ball on 457(b) Legislative 'Win'

"The NTSA hails the legislation for allowing teachers access to a 'trusted advisor'.... [T]hey are not referring to ... a fiduciary one who must pledge to put the interests of their client first. They are referring to the same salesperson trawling school district staff lounges, and educator email in-boxes which have made the K-12 403(b) a cesspool of high fees and surrender charges.... Teacher advocates still have time to express their displeasure at this anti-competitive legislation."  MORE >>

403bwise

Benefits in General

The High Cost of Low Employee Benefits Engagement (And What You Can Do About It)

"Shifting to tactical steps to improve EX and retention  ... The importance of benefits education and awareness ... Examples of successful employee benefits communication tactics ... Boosting employee benefits engagement improves EX and retention."  MORE >>

bswift

Executive Compensation and Nonqualified Plans

[Guidance Overview]

NLRB General Counsel Memo: Non-Competes Violate the National Labor Relations Act

"[Memorandum GC 23-08] explains that overbroad non-compete agreements are unlawful because they chill employees from exercising their rights under Section 7 of the National Labor Relations Act, which protects employees' rights to take collective action to improve their working conditions.... General Counsel Abruzzo explains that in some cases, noncompete agreements could be lawful if the provisions clearly restrict only individuals' managerial or ownership interests in a competing business, or true independent-contractor relationships."  MORE >>

National Labor Relations Board [NLRB]

Employee Benefits Jobs

View job as Senior Plan Administrator
for The Pension Source

Senior Plan Administrator

The Pension Source

Remote / Stuart FL

View job as Senior Plan Administrator for The Pension Source

View job as Relationship Manager - FFA Retirement Services
for Fulton Bank

Relationship Manager - FFA Retirement Services

Fulton Bank

Lancaster PA / DE / MD / NJ / VA / Hybrid

View job as Relationship Manager - FFA Retirement Services for Fulton Bank

Selected New Discussions

California Small Estate Affidavit

"Participant dies without a beneficiary. Estate is the beneficiary under the plan document. CA has a small estate affidavit to help small estates avoid probate court. By using the small estate affidavit the death proceeds could be made payable directly to the beneficiary of the estate rather than the estate. Should the plan sponsor be concerned that creditors might have a claim? Creditor claims do not appear to be specifically addressed in the small claims affividavit."

BenefitsLink Message Boards

Press Releases

Vestwell and Gusto Partnership Adds New 360° API-Based Integration

Vestwell

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Bipolar 457

June 14, 2023 WEBINAR

NIPA [National Institute of Pension Administrators]

Stock Option Exercise Strategies: Managing Risk & Building Wealth

June 15, 2023 WEBINAR

myStockOptions.com

Student Loan Repayment Benefits

June 21, 2023 WEBINAR

Thrive

IRA Legal Issues

July 13, 2023 WEBINAR

Ascensus

Advanced Pension Conference

September 6, 2023 in IL

FIS Retirement Education

ERISA Fiduciary Institute 2023

September 12, 2023 in DC

American Bar Association Joint Committee on Employee Benefits [JCEB]

Last Issue's Most Popular Items

New IRS Q&A Regarding EPCRS Expansion Answers Some – But Not All – Questions

Morgan Lewis

IRS Notice 2023-43 Provides Interim Guidance for EPCRS Expansion Required by SECURE 2.0 (PDF)

VOYA Financial

ALAR: The 'At Least as Rapidly' Rule for Beneficiary RMDs

Slott Report

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

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