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Retirement Plans Newsletter
June 22, 2023
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2 New Job Opportunities
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[Official Guidance]
Text of IRS Proposed Regs: Corporate Bond Yield Curve for Determining Present Value
21 pages. "This document sets forth proposed regulations specifying the methodology for constructing the corporate bond yield curve that is used to derive the interest rates used in calculating present value and making other calculations under a defined benefit plan, as well as
for discounting unpaid losses and estimated salvage recoverable of insurance companies. These regulations affect participants in, beneficiaries of, employers maintaining, and administrators of certain retirement plans, as well as insurance companies." MORE >>
Internal Revenue Service [IRS]
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[Sponsor]
DATAIR Document System updated for cycle 3 DB & CB Documents
IRS Pre-approved DB & CB Documents are ready for you to start the restatement process. The restatement window for the Cycle 3 Documents is currently open and plans must be restated by March 31, 2025. Let DATAIR help you! 630-325-2600 or sales@datair.com.
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[Guidance Overview]
Diving Into SECURE 2.0: Changes for Small Employer Retirement Plans
"[This post focuses] specifically on SECURE 2.0 changes to small employer plans, including SIMPLE IRA Plans and SEPs.... The chart [in this article] is intended to be used as a reference for describing many of the Small Plan changes relative to current law, the type of plans
affected, whether the change is mandatory or optional, and the effective date of the change." MORE >>
Foley & Lardner LLP
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[Guidance Overview]
Catch-Up Contributions Under SECURE 2.0
"[E]mployers have begun to explore alternatives that might simplify implementation (or avoid the need to do it altogether). This has produced several questions about what employers can and cannot do, including, can an employer choose to offer catch-up contributions only to
lower-paid employees, i.e., those making $145,000 or less? The simple answer, at least for now, appears to be no" MORE >>
McDermott Will & Emery
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[Guidance Overview]
SECURE 2.0 Roth Catch-Ups: What We Don't Know That We Need to Know
"Can the employer just amend the plan to prohibit employees who earned more than $145,000 in the prior year from making any catch-up contributions? ... Can the employer amend the plan to require all participants, regardless of the amount of compensation earned in the prior
year, to make catch-up contributions on a Roth (after-tax) basis? ... How is compensation for the prior year determined? ... How will mid-year hires be handled? ... What if the prior year's employment is less than a full year? Is there an annualization concept?" MORE >>
Nelson Mullins
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[Guidance Overview]
IRS Issues EPCRS Guidance to Implement SECURE 2.0's Expansion of Self-Correction Opportunities
"Notice 2023-43 does not address the separate sections of the SECURE Act 2.0 that specifically
relate to the recovery of plan overpayments or the correction of automatic contribution errors in 401(k), 403(b), and 457(b) plans -- it only addresses the expansion of the EPCRS self-correction by SECURE Act 2.0 Section 305." MORE >>
Hodgson Russ LLP
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Lawmakers to Introduce SECURE 2.0 Technical Corrections
"In a May 23, 2023 letter to the U.S. Department of the Treasury and the IRS, the chairs and ranking members of the Senate
Finance and House Ways and Means committees announced they will introduce technical corrections to SECURE 2.0 to ensure its provisions are carried out as Congress intended.... [The letter] clarified legislative intent relating to the following four provisions in SECURE 2.0: [1] Catch-up contributions ... [2] Age for minimum required
[distributions] ... [3] SEP and SIMPLE IRA Roth contributions ... [4] Small employer tax credits." MORE >>
Willis Towers Watson
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What Incentivizes Younger Employees to Stay at a Job? Guaranteed Lifetime Income
"To stand out from the crowd as an employer of choice, more private sector companies are considering reviving a blast from the past -- defined benefit (DB) plans.... According to [one] study ... workers with a defined benefit plan are more likely to stay with an
employer for at least 10 years. Companies looking for affordable and equitable ways to offer guaranteed lifetime income are increasingly turning to cash balance plans." MORE >>
October Three Consulting
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Selecting and Documenting Pension Assumptions Other Than Discount Rate, Investment Return, and Mortality (PDF)
41 pages. "The purpose of this practice note is to provide information to actuaries on current and emerging practices in the selection and documentation of certain actuarial assumptions for measuring obligations of defined benefit pension plans." MORE >>
Pension Committee of the American Academy of Actuaries
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Public Pension Funded Ratio Declines Slightly in May
"During May, the Milliman 100 PPFI funded ratio declined slightly from 74.8% at the start of the month to 73.7% as of May 31, the result of a $16 billion drop in the plans' funded status. The PPFI plans experienced investment returns of an estimated -1% in aggregate
for the month. Individual plans' estimated monthly returns ranged from -1.8% to -0.3%." MORE >>
Milliman
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CalPERS Announces Cyber Breach Affecting More Than 750,000 Retirees
"CalPERS experienced a third-party cybersecurity breach affecting the personal information of 769,000 retirees ... The breach involved PBI Research Services/Berwyn Group, an organization that assists the $456.6 billion California Public Employees' Retirement System,
Sacramento, with confirming members' deaths to ensure proper payment and guard against overpayment[.]" MORE >>
Pensions & Investments
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Employee Benefits Jobs |
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Selected New Discussions |
Correction of Prior Year HCE Deferrals in Excess of 402(g) Limit
"We have just found 402(g) violations in a plan for both 2021 and 2022 and wanted to make sure their corrections are handled properly. The violation occurred to only one participant, the same HCE, for both years, in a 27-life plan (the excess now totals about $6,000). The
violation can be self corrected within three years if it's considered significant, and even longer if it's insignificant -- no VCP application is needed. Is this accurate?"
BenefitsLink Message Boards
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100% Match Coupled with a Safe Harbor Match
"Client wants to match his employees deferrals dollar for dollar. He needs to entice people to work for him. In addition we need to build into this formula a SH match as well. Can this be done? Say 4% SH match + what.... 100% company match over 4%? Is it that easy?"
BenefitsLink Message Boards
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Last Issue's Most Popular Items |
Post-SECURE 2.0 Pension Overpayment Recovery Practices
Morgan Lewis
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Republicans Propose Increase to Social Security's Full Retirement Age
American Retirement Association [ARA]
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The Two Types of 457(b) Plans
Slott Report
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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