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Retirement Plans Newsletter
July 7, 2023
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7 New Job Opportunities
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[Guidance Overview]
Form W-4P Withholding Certificates on Periodic Pension or Annuity Payments Must Be Valid and Up to Date
"In response to changes to the withholding rules ... the [IRS] updated Form W-4P in 2022 and mandated the use of the new 2023 Form W-4P as of January 1, 2023.... [T]he IRS also imposed stringent content requirements on substitute Forms W-4P. Despite an
extended rollout of the new Form W-4P, payors are still wrestling with its implementation and the new rules regarding the use of substitute forms. [This article highlights] some considerations for implementing the 2023 form as well as potential liability for using invalid forms." MORE >>
Morgan Lewis
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The Clash Over ESG in Retirement Plans
"While it is unlikely that HR 4237 will advance out of committee, when considered along with the two
lawsuits against the DOL that are still ongoing, it is clear that the 2022 ESG Rule will likely continue to be subject of strong opposition for the foreseeable future. In addition, many Republican-led states have adopted or proposed similar limitations on the investment of their public retirement plans, continuing to feed the debate over how retirement assets may be invested." MORE >>
Ropes & Gray LLP
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A 4% Rule Alternative That Won't Confuse Clients (Much)
"[A] new analysis ... proposes an alternative framework for modeling retirement income that strives to cut something of a middle ground, using a concept known as the 'risk-adjusted coverage ratio.' According to [the author], when selecting an optimal retirement
strategy, a retiree may aim to maximize the coverage ratio, which he calls 'a novel metric superior to the failure rate.' " MORE >>
ThinkAdvisor
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12b-1 Fees: What They Are and Why You Should Avoid Them
"[B]aking in 12b-1 fees means your expense ratios are higher.... 12b-1 fees are far from transparent. While each fund's prospectus discloses these fees, it does not reveal who receives the fee.... One of the biggest problems with 12b-1 fees is the built-in conflict of
interest.... How can I determine if someone is charging me a 12b-1 fee?" MORE >>
ForUsAll
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Flexible Analysis Helps a Sponsor Make Optimal Risk-Transfer Decisions
"Some sponsors are willing and able to settle or mitigate risks all at once, but many others chose a longer-term strategic approach. An approach like this may be accomplished through any combination of matching investments to plan liabilities, offering lump sum benefits to
terminated vested or retired participants, or transferring benefit obligations to an insurer via a group-annuity contract. Strategy aligns resources with efficient use when resources are not unlimited." MORE >>
Cowden Associates, Inc.
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Buy-Out Group Annuity Purchase Primer: Pension Plan Sponsor's Role and Considerations (PDF)
16 pages. "[T]his issue brief [outlines] considerations to keep in mind and some key processes to follow for a buy-out pension risk transfer strategy, whether through a partial risk transfer via a lift-out or a full risk transfer via plan termination. Ultimately, it is the
plan sponsor's responsibility to ensure that what is transferred to the insurer is representative of the plan benefits and ensure that a thorough due diligence is performed to select an insurer that meets the safest available annuity criteria[.]" MORE >>
American Academy of Actuaries
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Pension Finance Update, June 2023
"Higher stock prices translated to another good month for pension finance in June, capping a strong first half of 2023 generally. Both model plans ... gained ground last month: [the] traditional Plan A gained 3% and is now up more than 7% for the year, while the more
conservative Plan B gained 1% during June, ending the first of half 2023 up almost 2%." MORE >>
October Three Consulting
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Jobs That Still Offer Traditional Pensions
"Only a quarter of civilian workers were offered a traditional pension plan in 2022... This coincides with a trend among employers to shift to defined contribution retirement plans like 401(k)s.... Jobs that offer pensions tend to be clustered in a few specific fields. Government
and union employees are especially likely to have access to pension benefits. If you're interested in a defined benefit retirement plan, consider these jobs during your working years." MORE >>
U.S. News & World Report
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A Brief Introduction to the New York Equity for Surviving Spouses Act
"[S]urviving spouses of New York public sector retirees: they may be left with no survivor benefits whatsoever, because the default benefit is an annuity during the life of the retiree. The Retirement Equity Act of 1984 (REACT) ... protects the spouses of
100 million active private sector employees from such tragedies.... This article describes [New York's] proposed Equity for Surviving Spouses Act (ESSA) which would remedy this flaw by following the REACT approach." MORE >>
Albert Feuer and Anna Masilela, via SSRN
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[Opinion]
What the Verdict in Yale Tells Us About a Time-Tested Way to Reduce Excessive Fee Litigation Against Plan Sponsors
"[T]his outcome -- whether it had been after trial to the bench or instead to a jury -- is one more fact showing that the best industry wide approach to these types of claims is to say 'prove it' and force plaintiffs' counsel to do so at trial, without
regard to whether it will be tried to the bench or instead to a jury." [Vellali v. Yale Univ., No. 16-1345 (D. Conn. Jun. 28, 2023)] MORE >>
Stephen Rosenberg, The Wagner Law Group
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Employee Benefits Jobs |
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Selected New Discussions |
Removal of Spousal Consent Provision When Otherwise Not Required Under K Plan
"We have a 401(k) that includes no pension source funds nor does it have any annuity distribution options. The plan document in the past required spousal consent to take a loan or distribution. I inquired about this when restating the document and was told the plan sponsor just
liked the idea that the spouse would want to know when money was coming out. This was pre-daily platform. Now they are on a daily platform and they want things more automated and no longer want to require spousal consent. I believe since this was something they administratively opted to include in the plan but was not required, it would be fine to remove this requirement. I assume it is not be a protected benefit since it is not a
required."
BenefitsLink Message Boards
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ESOP Under Audit, Appraiser Deceased, IRS Questioning Appraisal Statement
"An ESOP adopted in 2007 is under audit and the appraiser has passed away. One issue the IRS had brought up is that the appraisal didn't have a statement indicating they hold themselves out to the public and conduct appraisals for other plans. And that the appraisers
identifying number, which I believe would have included its EIN, [was] not provided as well.... Since this Taxpayer can't call the appraiser to testify what is the solution to prevent disqualification of plan? Seems odd the Gov't would disqualify a plan merely because an EIN wasn't stated on summary or appraisal itself. And that a court would disqualify a plan, depriving participants of their benefits, for such a minor
error."
BenefitsLink Message Boards
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ERISA Bond for Plan Covering Only Owners of an S Corp
"We have a plan sponsor -- an S Corp with 2 owners covered by a new plan. There are no other covered participants. I assume they are exempt from the ERISA bond coverage? Most things I read indicate plans covering only a single-owner (and potentially a spouse) or a plan
covering only partners of a partnership (and spouses) are exempt."
BenefitsLink Message Boards
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VCP Correction: How Long Should We Wait Before Distributing Corrected Participant Accounts?
"We submitted a VCP correction back in February, 2023 for a 401k plan that had about 60 missed deferral opportunities. We followed the recommended calculations to determine the MDO amount, the corresponding match and then the lost earnings. We deposited these amounts into
individual participant accounts where the plan account balances are held. Its been 4 months and we have not heard back from the IRS. These affected participants are getting antsy, some of whom are terminated and want to take their money out now. We'd prefer to wait until the IRS says everything looks good. Checking whether everyone would wait until that final OK or would anyone move ahead with allowing distributions from these deposits
(for terminees) since we feel we did an accurate job with the calculations."
BenefitsLink Message Boards
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Webcasts and Conferences (Retirement Plans / Executive Compensation) |
The Evolution of DC Investment Menus
July 19, 2023 WEBINAR
Pensions & Investments
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ERISA Attorney Talk
July 20, 2023 WEBINAR
Qualified Plan Advisors [QPA]
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Executive Compensation National Institute 2023
October 26, 2023 in DC
American Bar Association Joint Committee on Employee Benefits [JCEB]
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Last Issue's Most Popular Items |
Where We Are with the Roth Catch-Up Contribution Provision
American Retirement Association [ARA]
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IRS Issues Interim Guidance on Eligible Inadvertent Failures But Questions Remain
Trucker Huss
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District Court Acknowledges the 'Fiduciary Exception's' Applicability to ERISA Communications -- with a Twist
McGuireWoods
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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