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Retirement Plans Newsletter
June 13, 2023
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New Job Opportunity Today
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[Guidance Overview]
Identifying Partial Plan Terminations and Taking Appropriate Action
"The Code does not define when exactly a partial termination occurs. Treas. Reg. Section 1.411(d)-3 states only that partial terminations are judged based on the facts and circumstances. When a
partial termination occurs, the terminated participants are to be 100% vested, as if the plan were terminated in relation to them.... Partial terminations are not rare and, according to the IRS website, they are commonly misidentified or treated incorrectly by plan sponsors." MORE >>
Ferenczy Benefits Law Center
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[Guidance Overview]
403(b) vs. 401(k) - 2023 (PDF)
4-page chart compares plan design and compliance considerations. Includes both ERISA and non-ERISA 403(b) plans. MORE >>
Retirement Management Services, LLC
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[Guidance Overview]
Proposed Regulations Govern Making Participant Elections and Spousal Consents Electronically
"[T]he regulation clarifies that electronic medium rules that apply to participant elections also apply to obtaining spousal consent. [1] The spouse must have effective access to the electronic medium. [2] The medium must be designed to allow only the spouse to make an
election. [3] The spouse must have an opportunity to review, confirm, modify, or rescind the consent before it becomes effective. [4] The spouse must receive confirmation of the effects of the consent within a reasonable time." MORE >>
Ascensus
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Keys to Avoiding Retirement Plan Lawsuits
"Courts will not always require that the plan's investments be the highest performing year after year or that their fees will always be at the bottom of the scale, but they will require sponsors to prove that investments are selected according to criteria consistent with the
plan documents and in the best interests of plan participants." MORE >>
Savant
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403(b) Plans and Pensions
"This post takes a 'deep dive' into defined benefit (DB) pension plans as a foundational source of income for many 403(b) plan participants. It describes vesting requirements, benefit calculation methods, taxation, and what happens when pension recipients (or their
spouse) pass away. It also includes a study about teachers' retirement planning knowledge, as well as three 'need to know' facts and six take-away action steps." MORE >>
403bwise
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House Bill Would Improve Access to Lifetime Income Products in Default Retirement Plan Investments
"The Lifetime Income for Employees (LIFE) Act (HR 3942) ... would allow retirement plan sponsors to use lifetime income
solutions that have delayed liquidity features and thus can provide better returns as qualified default investment alternatives (QDIA) for a portion of contributions made by participants who have not made investment selections." MORE >>
Insured Retirement Institute [IRI]
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Proposed Bill Would Ban New ERISA Investments in Adversary-Tied Entities
"[T]he Protecting Americans' Retirement Savings Act (PARSA) ... would block private pension plans under [ERISA] from
making new investments in companies controlled by or based in our foreign adversaries. It would also require the disclosure of existing investments in other foreign adversary and sanctioned entities." MORE >>
WisPolitics
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[Opinion]
Five Forlorn 401(k) Flops to Forever Forsake
"[1] RMDs ... [2] Contribution limits ... [3] Loans ... [4] QDIAs ... [5] Non-fiduciary status of investment sales ... [Bonus] Equitable relief." MORE >>
Fiduciary News; free registration required
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Benefits in General |
Young Adults and Workplace Wellness (PDF)
37 pages. "A flexible work schedule is a particularly significant factor both in considering a move to another employer (49%) and in remaining with the current employer (38%). When considering benefits, young adults planning to change jobs in the next year cite paid time off
(65%) and a flexible work schedule (58%) among the top four benefits influencing their choice of an employer. Young adults also seek flexibility in accessing benefits. Nearly three in four young adults (73%) indicate that they'd prefer to receive benefits that stay with them from job to job." MORE >>
Bank of America
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Employee Benefits Jobs |
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Selected New Discussions |
Flexible Discretionary Matches and New 403(b) Documents
"Now that new pre-approved 403(b) documents have been submitted to the IRS for new Cycle does anyone have contacts at the IRS as to how the discretionary matches might work? With the Cycle 3 401(k), they allowed the 'flexible discretionary match' provision due to the late
decision that previously 'normal' flexibility shouldn't be allowed, but word on the street was that they would NOT permit this approach on the 403(b) plans. I don't know about the rest of you, but some of our non-profits have some of the most ridiculously complicated flexible match scenarios, which likely won't be allowed. Anyone have IRS contacts/feedback, at this early stage, as to what parameters might be imposed on
match formula provisions? Never too early to start preparing them that they might have to think about other possibilities."
BenefitsLink Message Boards
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Looking for Comprehensive Checklist for Reviewing ESOP Plans
"I'm looking for a comprehensive checklist to review an ESOP plan for compliance. Anyone have a checklist they're willing to share and/or a resource that does a pretty good job. Anyone using artificial intelligence/chatgpt/other apps to review ESOP plans and compliance? I
have an old checklist and just want to see if there's something I'm missing or should change."
BenefitsLink Message Boards
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Press Releases |
DATAIR Announces the Release of the Cycle 3/Post PPA IRS Pre-Approved Defined Benefit Plan and Cash Balance Pension Plan Documents.
DATAIR Employee Benefit Systems, Inc.
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HUB International Expands Hub Retirement Solutions with HSA Investment Account
HUB International
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Seyfarth Shaw’s Employee Benefits & Executive Compensation Department Earns Prestigious Ranking from Legal 500
Seyfarth Shaw LLP
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Webcasts and Conferences (Retirement Plans / Executive Compensation) |
How to Fill Out Your Schedules SB
June 14, 2023 WEBINAR
ASPPA [American Society of Pension Professionals & Actuaries]
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Last Issue's Most Popular Items |
SECURE 2.0 Act and the Future of the Employee Plans Compliance Resolution System
McDermott Will & Emery
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To Roth or Not to Roth? How Do You Choose?
Kiplinger
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404(a)(7) Deduction Limit Deep Dive
American Retirement Association [ARA]
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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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