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Retirement Plans Newsletter
June 21, 2023
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3 New Job Opportunities
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[Guidance Overview]
Post-SECURE 2.0 Pension Overpayment Recovery Practices
"[T]he new rules also leave several unanswered questions and have created some additional uncertainty for plan sponsors and fiduciaries. [This post explores] certain overpayment situations that plan fiduciaries are grappling with under the new rules and discuss how fiduciaries
may wish to approach these situations in the absence of additional guidance." MORE >>
Morgan Lewis
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[Sponsor]
"Long Term Part Time" Rules Clarified by ASC VP of Support
ASC Executive VP Support, Sheryl Stucky, CPC, QPA, APA, clarifies the topic of Long Term Part Time Rules. Here’s why clients love ASC Support: Retirement Plan Industry Professionals, Technology Experts, Fast, and Responsive! Read on.
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[Guidance Overview]
401(k) Investment Selection: Don't Let ESG Factors Distract You
"[T]he ESG label could distract many from the significance of the current DOL regulations for 401(k) fiduciaries. In truth, they clarify what's truly important when selecting 401(k) investments: evaluating risk-return factors, including investment fees. They treat ESG factors
as a minor or collateral consideration." MORE >>
Employee Fiduciary
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A Model for Managing Fiduciary Risk (PDF)
"Inextricably linked with governance and compliance, risk management depends on critical decision-making criteria that are proven to produce safer and better-performing EBPs.... In order to develop and maintain an EBP risk management framework, it is essential to know the
parameters the enterprise's board or governing authority established in each of the three vital decision- making criteria of risk tolerance, risk appetite, and risk capacity." MORE >>
Roland Criss, via Journal of Compensation and Benefits
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How America Saves, 2023 (PDF)
115 pages. "[Despite] significant uncertainty, ... participants generally remained resilient in 2022. While there were a few areas that signaled a possible uptick in financial stress, overall, participants' behavior in retirement plans remained in line with previous years,
and most continue to maintain a long-term view." MORE >>
Vanguard
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Assessing Annuity Vehicles as In-Plan Income Options
"In-plan guaranteed retirement income options are much discussed, but less often implemented. Here are resources for evaluating and implementing the insured in-plan option." MORE >>
planadviser
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Paving the Way to Optimized Retirement Income
"Through a close examination of the literature and a quantitative analysis using BlackRock's proprietary life cycle model, this paper presents [a] framework to help individuals determine how they can generate adequate income from their accumulated assets.... [A] few
steps -- adding guaranteed income, adjusting asset allocation over time, and delaying one's retirement date -- can potentially generate more retirement income and decrease risk." MORE >>
Bipartisan Policy Center
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The Two Types of 457(b) Plans
"[T]here are two types of section 457(b) retirement plans -- governmental plans for state and local municipal workers, and 'top hat' plans for highly-paid and managerial employees of tax-exempt employers like hospitals.... [T]he two types of plans are different in
several important ways. One of the major differences has to do with rollovers." MORE >>
Slott Report
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Suit Says Plan Paid Too Much for ‘Fungible’ Services
"[The suit] alleges that, 'among other things, Defendants paid over 86% premium per-participant for Total RKA fees ... to the Plan recordkeeper ... during the Class Period.' The plaintiff here further argues that 'defendants should have lowered its Total RKA
expenses by soliciting bids from competing providers and using its massive size and correspondent bargaining power to negotiate for fee rebates, but it did not do so or did so ineffectively.' " [Miller v. Pfizer Inc., No. 23-0594 (W.D. Mich. complaint filed
Jun. 8, 2023)] MORE >>
American Retirement Association [ARA]
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What Can AI Do for the Retirement Plan Industry?
"AI technologies allow companies to automate repetitive processes, interact with plan participants more efficiently and analyze their plan-related data more effectively.... Language processing applications like ChatGPT and Bard have received recent publicity because of that
technology's ability to provide well-organized responses in plain English. Those capabilities can work well in participant-facing applications, where inquiries often follow identifiable paths." MORE >>
planadviser
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Republicans Propose Increase to Social Security's Full Retirement Age
"The Republican Study Committee, a group of 175 House Republicans, released its plan ... to slash fiscal spending ...
Among the suggestions is raising the age at which individuals can begin claiming their full Social Security retirement benefits from age 67 to 69.... The last major Social Security reform occurred in 1983 and gradually raised the age to 67, effectively cutting benefits by 13%,[.]" MORE >>
American Retirement Association [ARA]
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[Opinion]
DOL's Rule for ESG Investment Hasn't Changed from Trump to Biden
"Both the final Biden Rule and the final Trump Rule make it very clear that a fiduciary cannot make an investment decision for any other purpose. The Biden Rule says ESG factors can be considered only to the extent that they are relevant to a risk-return analysis, not as
collateral benefits. The Trump Rule effectively reaches the same conclusion, but states it in the negative -- ESG factors must not be considered to the extent they are not a 'pecuniary factor.' So why are the Trump and Biden Rules generally perceived as being inconsistent with one another?" MORE >>
Alicia H. Munnell, via Center for Retirement Research at Boston College
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Employee Benefits Jobs |
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Selected New Discussions |
Form 8955-SSA Not timely filed
"I have a 401k Plan that had a participant listed as PRN on the census data. In the filing of Form 8955-SSA for 2016, she did not get put on the form with a deferred vested benefit. And subsequent years, was completely missed. I was hoping to do a DFVCP filing and pay the
fee for a late filing on only the 8955-SSA. But I cannot find where you can submit this form alone, without also filing for a late Form 5500SF. Anybody have experience in correcting an oversight like this?"
BenefitsLink Message Boards
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Ineligible Participant Received Loan
"A participant who terminated in 2017 applied for and was approved for a loan in March 2022. The participant is making repayments on a quarterly basis outside of payroll. The plan document states that loans are allowed to only active participants and repayments must be made
through payroll deductions. It turns out that the participant's termination date was not entered into the platform which was what enabled it to be initiated. The Plan Sponsor discovered this during 2023 and wants to know how this gets corrected. Thoughts?"
BenefitsLink Message Boards
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Blackout Notice: Pooled Account
"A plan has a trustee-directed profit sharing brokerage account and individually directed 401(k) accounts at a recordkeeper. They allow for hardship withdrawals and immediate distributions upon termination of employment. They are transferring the pooled PS into the individually
directed accounts. Do they need a blackout notice to make employees aware of period of time that they cannot take a distribution from pooled funds? Or are pooled accounts entirely exempt from blackout notice requirements?"
BenefitsLink Message Boards
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Roth/Catch-up and Off-Calendar Year Plans
"Am I correct in thinking that, since the determination for who is a high-earner for purposes of catch-up contributions is based on the calendar year, and catch-ups are generally determined based on the calendar year, then all plans with 2023 high-earners would need to have Roth
available starting January 1, 2024 to allow catch-ups after January 1, 2024, even if the plan is an off-calendar year plan? Let's say I have a 401(k) plan with a 6/30 plan year end, and currently does not allow Roth. I think I'm correct that the determination of the high-earners for purposes of determining whose catch-up must be Roth is still determined using the 2023 calendar year. So let's say I start the new plan year 7/1/2023
with no Roth provisions. I come to 12/31/2023 and determine there are participants that earned more than $145,000 in 2023. Some of those participants like to front-load their deferrals early in the year. Would I be correct that we could not allow any catch-up from 1/1/2024 to 6/30/2024 if we do not amend the plan before 6/30/2024, since we have high-earners in the prior calendar year, and no Roth option? If we do amend the plan starting
7/1/2024, then everyone would then have the opportunity to make their 2024 catch-ups?"
BenefitsLink Message Boards
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Press Releases |
TXEX (VIA Renewables) and The Queen’s Health System Honored With a Financial Wellness Award Live From the 2023 Annual Planning Meeting of the Council in Kansas City, MO
Retirement Advisor Council
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National Institute of Pension Administrators Celebrates 2023 Award Recipients
NIPA [National Institute of Pension Administrators]
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ULY Acquires Sunwest Pensions to Expand Its National Presence
JULY Business Services
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Ameritas Launches New Pooled Employer Plan
Ameritas
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ProNvest Rebrands as Future Capital, Empowering Advisors and Investors with Comprehensive Retirement Solutions and Unwavering Support
Future Capital
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Webcasts and Conferences (Retirement Plans / Executive Compensation) |
SECURE 2.0 in 20 Minutes: What This Legislation Means For Your Organization
RECORDED
OneDigital
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Provider Due Diligence
RECORDED
PLANSPONSOR
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Strategies For Concentrated Positions In Company Stock
June 28, 2023 WEBINAR
myStockOptions.com
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SECURE 2.0: More Paper, Less Paper --The Disclosure Provisions
July 26, 2023 WEBINAR
Thompson Hine LLP
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New IRS Guidance for Self-Correcting Retirement Plans Under SECURE 2.0: Notice 2023-43, EPCRS, VCP, and Next Steps
August 9, 2023 WEBINAR
Strafford
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Last Issue's Most Popular Items |
ESG-Related Lawsuits Filed Against Plan Sponsors
October Three Consulting
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'Cross-Testing' in Qualified Profit Sharing Plans, 2023
Retirement Management Services, LLC
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Fixing Fixed-Rate Cash Balance Plans
Retirement Learning Center, LLC
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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.
Links to web sites other than BenefitsLink.com and EmployeeBenefitsJobs.com are offered as a service to our readers. We are not involved in their production and are not responsible for their content.
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