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Retirement Plans Newsletter
July 11, 2023
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6 New Job Opportunities
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[Guidance Overview]
Self-Correcting Improperly Included Participants
"There are two methods of correction ... [E]ither conform the terms of the Plan to the operations that actually occurred (via an amendment) or conform the operations of the Plan to the terms that were in place at the time of the failure (by returning the improper
amounts).... There are times when a company may want to choose Option Two. One situation would be when so many employees were permitted to enter the plan early that the matching contribution was much larger than could be afforded by the plan sponsor. Another situation would be if the included participants are not U.S. citizens, so that their deferrals may create out-of-country tax impact." MORE >>
Ferenczy Benefits Law Center
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[Sponsor]
In-Person Chicago APC on Sept. 6-8, 2023
The Chicago APC is back as an in-person event! Attendees may earn up to 19 CE credits. FIS is also hosting the Fundamentals of Qualified Plans, 5-part live webcast, where 27 CE credits are available. See both agendas and register here.
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[Guidance Overview]
SECURE 2.0 Offers New Alternative for In-Plan Emergency Savings
"Employees would contribute to these accounts on a Roth basis and could make withdrawals as frequently as monthly. Agency guidance is needed to address a variety of key implementation issues." MORE >>
Mercer
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Plan Fiduciaries Continue to Defeat BlackRock Target Date Fund Class Actions
"There have been a series of cases filed against fiduciaries of 401(k) plans that offer BlackRock target date funds as investment options to plan participants. Since last August, district courts have dismissed these BlackRock complaints with prejudice, in cases against Booz Allen
Hamilton, Capital One and Microsoft, saying the plaintiffs had failed to allege any facts about the plan fiduciaries' process for selecting and monitoring the BlackRock TDFs." MORE >>
Faegre Drinker
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How ERISA-Covered U.S. Pension Plans Can Save on PBGC Premiums
"When interest rates were near historic lows during 2019 and 2020, many plan sponsors changed their methodology for calculating these premiums to reduce their tax obligation to the federal government. Although it appeared like a good idea at the time, that decision is now
resulting in adverse consequences for many.... [P]lans of most types, sizes, and funded status using the Alternative Method premium calculation can potentially reduce their PBGC premiums and simplify the pension risk management process ... [by] using the Full Yield Curve approach to calculate their discount rate." MORE >>
Cambridge Associates
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Experience Studies and the Small Pension Plan
"The actuary is engaged on behalf of the plan to make their best estimate of future events that will determine benefit payments resulting from the promises made.... That estimate requires a number of assumptions regarding the behavior of the participants ... This note
addresses some of the assumptions made and looks at actual experience among a segment of the plan population. It highlights the uncertainty of prediction in the group studied, and notes the rationale for making simplified assumptions." MORE >>
American Society of Enrolled Actuaries [ASEA]
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Pension Funding Index, July 2023
"The funded status of the 100 largest corporate defined benefit pension plans improved by $21 billion during June ... The funding surplus rose to $30 billion, primarily due to asset gains during June.... As of June 30, the funded ratio grew to 102.2%, up from
100.7% at the end of May. The mid-year funded ratio is just slightly ahead of the 101.9% funded ratio seen at the start of 2023." MORE >>
Milliman
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State IRA Programs Improve Odds That Firms Set Up a 401(k)
"The programs in California, Oregon and Illinois have increased by 3 percent the likelihood that the residents in these states work for a firm that offers its own retirement plan and by 33 percent the probability individuals are saving in those employer plans....
[These] early results in California, Oregon, and Illinois are promising, and auto-IRAs may be an effective way to expand participation in employer-based savings plans." MORE >>
Center for Retirement Research at Boston College
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PBGC Approves $1.1 Billion in SFA for Automotive Industries Plan
"[PBGC] has approved the application submitted to the Special Financial Assistance (SFA) Program by the Automotive Industries Pension Plan. The plan, based in Dublin, California, covers 23,687 participants in the transportation industry. The Automotive Industries Plan will
receive approximately $1.1 billion in special financial assistance ... The plan was projected to become insolvent and run out of money in 2033." MORE >>
Pension Benefit Guaranty Corporation [PBGC]
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PBGC Approves $60 Million in SFA for Retail Clerks Plan
"[PBGC] has approved the application submitted to the Special Financial Assistance (SFA) Program by the Retail Clerks Specialty Stores Pension Plan. The plan, based in Concord, California, covers 1,279 participants in the service industry. The Retail Clerks Plan will receive
approximately $60.4 million in special financial assistance ... The plan was projected to become insolvent and run out of money in 2024." MORE >>
Pension Benefit Guaranty Corporation [PBGC]
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PBGC Approves $279 Million in Supplemented SFA for Western Pennsylvania Teamsters Plan
"[PBGC] has approved the supplemented application submitted to the Special Financial Assistance (SFA) Program by the Western Pennsylvania Teamsters and Employers Pension Plan. The plan, based in Pittsburgh, Pennsylvania, covers 21,110 participants in the transportation
industry.... The Western Pennsylvania Teamsters Plan will receive about $279.6 million in supplemented SFA, which is in addition to $715 million in SFA approved for the plan in July 2022 under the interim final rule." MORE >>
Pension Benefit Guaranty Corporation [PBGC]
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Employee Benefits Jobs |
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Selected New Discussions |
Which Employer Takes 25% Deduction
"Hello all Generous Employer LLC is the sponsor of a Profit-Sharing plan AND a Cash Balance Plan. Jim owns 100 % has 20 employees. Generous Employer, INC is adopting employer of same plans (PS and CB). Jim owns
80%. another 10-15 employees So, one DC plan, two related sponsoring companies and one Cash Balance Plan, two related sponsoring companies. They make a generous annual contribution to the DC and Cash Balance plans adhering to the 25% aggregate deduction limits. The question: does it matter which tax return takes the deduction if the contributions are going into the same plan owned by same owners? TX"
BenefitsLink Message Boards
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How to Create a Plan for Domestic Help?
"We have administered a profit sharing plan sponsored by a corporation for more than 20 years. The 100% shareholder owns a large home on many acres of land. The place is so special the upkeep (including horses) requires 5 full time employees. He wants to offer and cover these 5
employees in a profit sharing plan similar to the company (that he is the 100% shareholder of) plan. He made it clear that this needs to be a separate plan. Question: It seems like a plan can only be sponsored by an entity with earned income (sole proprietorship, partnership, LLC, LLP, corporation). In this case he is just an individual paying household employees. I don't believe an individual can sponsor a qualified plan. Does anyone
agree? Disagree? if so why?"
BenefitsLink Message Boards
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80-120 Rule for 5500 Reporting
"This is/was my understanding of the rule: A small plan filer can elect to file the same form until the participant count is over 120 and when over that must file as a large plan. A large plan is considered a first year plan over 100 or over 120. And that plan must file as a
large plan until the count gets below 100. (*) see below The 80-210 rule allows any plan to file the same form (large or small) is the count is between 80 and 120. But once under 80, the plan must file as a small plan. Not even allowed to file Schedule H. I am seeing some internal correspondence here, that a plan, once that it is considered large, must still file as large until the count dips below 80. So this goes against my (*) above. When
can a large plan filer move from Schedule H to Schedule I? At 99 or 79 participants?"
BenefitsLink Message Boards
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Press Releases |
OneDigital Acquires Actuaries Northwest in Seattle, WA
OneDigital
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Webcasts and Conferences (Retirement Plans / Executive Compensation) |
Benefit Attorneys in the Wild
RECORDED
Seyfarth Shaw LLP
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Lost and Found: Your Duty to Missing Participants
July 19, 2023 WEBINAR
Miller Johnson
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Common 401(K) Plan Errors
August 17, 2023 WEBINAR
Nova 401(k) Associates
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Last Issue's Most Popular Items |
SECURE 2.0: What Plan Sponsors, Administrators, and Recordkeepers Need to Know
Milliman
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Practical Considerations for Adding a 401(k) Matching Contribution for Student Loan Payments
Polsinelli PC
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Multiple Cyber Incidents Impact Employee Benefit Plans and Participants
Seyfarth
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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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