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Retirement Plans Newsletter

June 29, 2023

8 New Job Opportunities 8 New Job Opportunities

 

[Guidance Overview]

SECURE 2.0 Again Expands Requirements for Part-Time Employees' Retirement Coverage

"While the rules expanding participation to long-term part-time employees do not affect participation until 2024, they do require current action. Because the requirement looks at service completed in prior years, employers should already be tracking employee hours in accordance with both acts.... An illustration of these tracking requirements is [in this article], ordered by the year an employee started working."  MORE >>

Varnum

[Guidance Overview]

Check Your Math When Counting Participants for the 5500 Audit Rule!

"For plan years beginning on or after January 1, 2023, (Form 5500 generally due in 2024), the determination of participant count will be based only on those participants with account balances at the beginning of the year. You will no longer need to include eligible individuals who aren't participating or receiving contributions."  MORE >>

Holland & Hart LLP

[Guidance Overview]

Plan Termination and the Principle of Permanency

"[A] plan sponsor reserves the right to change or terminate the plan, and discontinue contributions, but if this happens within a few years after plan establishment, the plan sponsor must document as evidence a valid business reason for terminating the plan. Without documentation of the business necessity, upon examination the IRS will presume the plan was not intended to be a permanent program from its inception."  MORE >>

Retirement Learning Center, LLC

Judge Rejects Class-Action Certification for 403(b) Lawsuit Against TIAA

"The ruling Tuesday by U.S. District Judge J. Paul Oetken reversed his November 2020 decision that allowed the broad class-action complaint, which would have covered nearly 1 million loan transactions, according to court records.... The judge rejected the plaintiff's request to file class-action applications affecting certain subgroups among the 8,000 plans, noting that she had five years to do so." [Haley v. TIAA, No. 17-0855 (S.D.N.Y. Jun. 27, 2023)]  MORE >>

Pensions & Investments

SECURE 2.0 Technical Corrections Are on the Way, Eventually

"Although the letter [from Congressional leaders to the Treasury Secretary] indicates that Congress intends to correct these technical errors and ambiguities in the legislation ... [it] does not address the timetable for doing so. In addition, the letter does not address potential extended deadlines for complying with certain changes or clarify other issues that are the focus of many employer questions."  MORE >>

McDermott Will & Emery

Hardship Withdrawals: Should You Allow Self-Certification?

"Even though self-certification will not require employers to undertake the burden of financially investigating the request, it does leave several questions and concerns.... [For example, if] the employer knows (or reasonably should know) that an employee is being less than completely honest about his or her financial situation, the sponsor cannot rely on the self-certification. An example of this might be a request to cover medical expenses that the employer knows are covered by the company-provided medical plan. There is no guidance to tell us what an auditor (governmental or CPA) will require or accept in these circumstances."  MORE >>

Retirement Management Services, LLC

Paving the Way to Optimized Retirement Income (PDF)

32 pages. "Adding guaranteed lifetime income combined with a more aggressive asset allocation generates 29% more annual spending ability from one's retirement savings (excluding Social Security) and reduces downside risk by 33% when compared to a standard retirement portfolio of 60% fixed income and 40% equities.... Incorporating Social Security benefits into [the] model ... underscores the power of delaying retirement and the claiming of Social Security benefits."  MORE >>

Bipartisan Policy Center and BlackRock

ESG Research Landscape and Resources for DC Plan Sponsors

"Plan sponsors are increasingly integrating environmental, social, and governance (ESG) frameworks as practitioners identify better ways to generate high-quality quantitative and qualitative ESG information. [This article provides] insights on the diverse datasets and research that can support ESG integration into investment decision making and support investment product assessment via an ESG lens."  MORE >>

Defined Contribution Institutional Investment Association [DCIIA]

The Dangers of Not Holding Your Own Bitcoin Private Key

"A spot ETF has been a feature some Bitcoiners have longed for as it will be easier for players that have been reluctant to participate in the Bitcoin market to join such as corporations and retirement plans. While ETFs are regulated and are better than investing in paper bitcoin from an unregulated exchange, holding bitcoin through an ETF leaves its participants exposed to all the risks associated with third parties."  MORE >>

Ryan P. Moulder

PBGC Approves $887 Million in SFA for National Integrated Group Plan

"[PBGC] has approved the application submitted to the [SFA] Program by the National Integrated Group Pension Plan. The plan, based in Scranton, Pennsylvania, covers 48,254 participants in the manufacturing industry. The National Integrated Group Plan will receive approximately $887.1 million in special financial assistance ... The plan was projected to run out of money in 2034."  MORE >>

Pension Benefit Guaranty Corporation [PBGC]

[Opinion]

Private Equity Is Going to Give ESOPs a Bad Name

"Private equity has recently started employing ESOPs in their leveraged buyout transactions. It looks like strange bedfellows since they serve opposing interests. It’s touted by private equity and is being hailed by some in the ESOP arena as a great potential expansion of true employee ownership. But is it really?"  MORE >>

Employee Benefits Law Group

Employee Benefits Jobs

View job as Distribution Specialist
for ERISA Services, Inc.

Distribution Specialist

ERISA Services, Inc.

Remote

View job as Distribution Specialist for ERISA Services, Inc.

View job as Defined Benefit Consultant
for FuturePlan, by Ascensus

Defined Benefit Consultant

FuturePlan, by Ascensus

Remote / CA

View job as Defined Benefit Consultant for FuturePlan, by Ascensus

View job as Sr. Retirement Plan Compliance Analyst
for FuturePlan, by Ascensus

Sr. Retirement Plan Compliance Analyst

FuturePlan, by Ascensus

Remote

View job as Sr. Retirement Plan Compliance Analyst for FuturePlan, by Ascensus

View job as Retirement Plan Consultant
for FuturePlan, by Ascensus

Retirement Plan Consultant

FuturePlan, by Ascensus

Remote / PA

View job as Retirement Plan Consultant for FuturePlan, by Ascensus

View job as Compliance Lawyer (Health Benefits)
for Segal

Compliance Lawyer (Health Benefits)

Segal

AR / CA

View job as Compliance Lawyer (Health Benefits) for Segal

View job as Plan Document Specialist
for Definiti

Plan Document Specialist

Definiti

Remote / The Woodlands TX

View job as Plan Document Specialist for Definiti

View job as Dedicated Account & Client Consultant – RP
for Ameritas

Dedicated Account & Client Consultant – RP

Ameritas

Remote

View job as Dedicated Account & Client Consultant – RP for Ameritas

View job as Retirement Education Specialist
for TruStage (formerly CUNA Mutual Group)

Retirement Education Specialist

TruStage (formerly CUNA Mutual Group)

Remote / Etters PA / MI

View job as Retirement Education Specialist for TruStage (formerly CUNA Mutual Group)

Selected New Discussions

Amendment After Plan Termination for Lump Sum Spousal Consent Threshhold

"Hypothetical Scenario A cash balance plan has a provision that states participant and spouse must consent to distributions over $1,000. The plan terminates and the plan thought the spousal consent was the standard IRC $5,000. Lump sum benefits between $1,000 and $5,000 were paid out with participant consent, but not spousal consent. The plan realizes the mistake and wants to do a post-Date of Plan Termination amendment to change the provision to state a participant and spouse must consent to a distribution over $5,000. Reviewing CFR 4041.8 Post-termination amendments, it seems like an amendment is allowed that does not [1] decrease the value of the participant or beneficiary benefit and [2] does not eliminate or restrict any form of benefit. To me, this post-DOPT amendment only limits a spouse's right to consent to the distribution. It does not decrease the value or eliminate or restrict any form of benefit. Would this type of amendment be prohibited?"

BenefitsLink Message Boards

Press Releases

Nate Garrison Joins Pensionmark Financial Group as Chief Investment Officer

Pensionmark

IRI Announces Changes to Board of Directors, Executive Committee

Insured Retirement Institute [IRI]

Last Issue's Most Popular Items

SECURE 2.0 Implementation Roadmap

U.S. Chamber of Commerce

Establishing Practices and Procedures to Support Self-Correction of Operational Failures

Verrill Dana LLP

Jerry Schlichter Bags $9.5 Million Settlement in CIT Suit

American Retirement Association [ARA]

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

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