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Retirement Plans Newsletter
July 12, 2023
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4 New Job Opportunities
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[Guidance Overview]
PBGC Modifies Benefit Payment Regs for Terminated Single-Employer Plans
"The final rule explains that when a single-employer plan terminates, either under a distress situation or in an involuntary termination, the PBGC normally becomes the trustee for that plan and is responsible for administering its benefits. Once under the PBGC's trusteeship,
lump sum payments are not permitted unless the amount payable to a beneficiary is ... $5,000 or less.... The PBGC clarifies that this general prohibition on lump sum payments applies even when the participant requested a lump sum prior to plan termination, but it has not yet been paid out." MORE >>
PLANSPONSOR; free registration may be required
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[Sponsor]
ERISApedia -- Our Latest Title: Defined Benefit/Cash Balance eSource
Written by Lorraine Dorsa, this is a must-have for ERISA pros working with traditional and cash balance defined benefit plans. Covers DB/CB combo plans and DB plan corrections. Please contact jpecina@erisapedia.com for more information.
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[Guidance Overview]
For SECURE 2.0's Catch-Up Contributions, Age Is More Than Just a Number
"[C]urrently, payroll providers and recordkeepers need only track one age and one limit for catch-up contributions. But employers that add super-catch-up contributions will need to track three separate age categories—age 50 through age 59 (regular catch-up), age 60 through
63 (super-catch-up), and age 64 and older (back to regular catch-up)—and two separate limits." MORE >>
McDermott Will & Emery
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Verizon Retirement Plan Lawsuit Settles for $30 Million
"Much of the reason why the plaintiffs survived a motion for summary judgment was because of testimony from two expert witnesses who claimed that Verizon should have removed the hedge fund, which was used within the plan's target-date series, after three years of
underperformance." [Jacobs v. Verizon Communications Inc., No. 16-1082 (S.D.N.Y. Apr. 20, 2023; proposed settlement order
Jul. 7, 2023)] MORE >>
InvestmentNews; subscription may be required
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Mid-Year Retirement Planning Checklist
"[1] Check your deferrals.... [2] Check your tax withholdings.... [3] Check on your investments.... [4] Check on tax strategies.... [5] Check your risk management plan.... [6] Check your non-retirement accounts." MORE >>
Savant
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Americans Saving for Both Retirement and College Are Making Significant Trade-Offs
"More than half of all respondents (58%), aged 25 - 80 who are of working age or retired, say they have delayed retirement significantly or moderately due to these dual financial goals. Additionally, two-fifths (41%) of retirement/college savers have used retirement funds to pay
for the college education of a relative, with the risk of a tax penalty for early withdrawals." MORE >>
Society of Actuaries
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[Opinion]
Agilis Written Submission to the ERISA Advisory Council Regarding DOL Interpretive Bulletin 95-1
"[Agilis believes] the standard in its current form has many strengths that have helped to secure defined benefit plan participants' benefits at levels beyond those guaranteed by the [PBGC]. That said, as the PRT market has evolved since the inception of DOL 95-1.... there are areas the DOL should consider to strengthen the guidance to plan sponsors in their evaluation of potential insurers." MORE >>
Agilis
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[Opinion]
SECURE 2.0: Death of 401(k) Testing as We Knew It
"[A] lot of plans get around having to return excess deferrals to HCEs after a failed ADP test by recharacterizing deferrals for some HCEs as catch-up. Would this no longer be possible if the deferrals were all regular 401(k) as catch-ups would need to have been
Roth?" MORE >>
Burypensions
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Benefits in General |
A Simple Review of Your Plan's Form 5500 May Avoid Costly Deficiencies
"According to the IRS, one of the most frequent errors on Forms 5500 is leaving fields blank that should be completed.... [O]ther common mistakes include using an incorrect employer identification number (EIN) for the plan sponsor or an incorrect plan number.... Further, it is
not uncommon for a Form 5500 to indicate that the plan sponsor is also the plan administrator. While in many cases this is accurate, some plans name a committee or even an individual as the plan's administrator, and the Form 5500 should be completed accordingly." MORE >>
Haynes and Boone, LLP
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Employee Benefits Jobs |
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Selected New Discussions |
Helping Client Choose ERISA Bond Coverage
"This new client came to me and needs to update their ERISA bond coverage. The plan had $800K in 2022... probably less now due to the investment performance. I've attached a copy of the screenshot he sent to me. What do people recommend? Just a stand alone bond or a bond +
Fiduciary Liability? or maybe a bond + Fiduciary Liability + Cyber liability. As you can see each option that he was given includes all 3 options."
BenefitsLink Message Boards
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Press Releases |
EBenefits Hub Announces NueSynergy as Exclusive National Core Partner
eBenefits
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Court Holds Baltimore Company, Owner in Contempt for Failing to Comply with Order to Restore $153k to Company's Employee 401(k) Plan
Employee Benefits Security Administration [EBSA], U.S. Department of Labor
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Schwab Offers New Tools To Help Workers Manage Student Loan Debt While Saving For Retirement
Charles Schwab Corporation
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Johns Hopkins HealthCare Becomes Johns Hopkins Health Plans
Johns Hopkins Health Plans
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Last Issue's Most Popular Items |
Self-Correcting Improperly Included Participants
Ferenczy Benefits Law Center
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SECURE 2.0 Offers New Alternative for In-Plan Emergency Savings
Mercer
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Plan Fiduciaries Continue to Defeat BlackRock Target Date Fund Class Actions
Faegre Drinker
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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