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Retirement Plans Newsletter

August 1, 2023

2 New Job Opportunities 2 New Job Opportunities

 

[Guidance Overview]

SECURE 2.0: Automatic Portability for IRA Force-Outs

"SECURE 2.0 permits the provider of the IRAs that receive the forced-out amounts to continuously reach out to recordkeepers to determine if the IRA owner has begun participating in a plan that is recordkept by a participating recordkeeper and, if so, to transfer the IRA amounts to the IRA owner's account in the new plan.... The provider can collect a reasonable fee from the force-out IRA for those services and the fee will not be considered a prohibited transaction."  MORE >>

FredReish.com

[Sponsor]

ASC Is Hiring! Defined Benefit Software Specialist/Senior Actuarial Analyst

Do you enjoy problem-solving? Do you have actuarial experience but haven’t yet finished exams? Join the ASC Team! We place high value on work-life balance & creating a positive, customer-focused environment. Apply Now.

Sponsored by ASC

[Guidance Overview]

Do Catch-Up Contributions Need to Be Roth Now?

"Ultimately, this change represents an inconvenience for big savers age 50+ who would prefer to make their salary deferrals on a pre-tax basis for planning purposes. Since Catch-up contributions represent only about 25% of the annual deferral opportunity, though, it likely won't have too big an impact on them. From a plan administration perspective, however, this adds a whole new element of oversight and anticipation of how your participants might make use of the plan so you're able to ensure that deferral contributions are taxed properly."  MORE >>

Benefit Resources Inc.

[Guidance Overview]

IRS Provides Transitional Relief for RMDs and Inherited IRAs

"[T]he IRS previously waived enforcement against taxpayers subject to the 10-year rule who missed 2021 and 2022 RMDs if the plan participant died in 2020 on or after the RBD. It also excused missed 2022 RMDs if the participant died in 2021 on or after the RBD. The latest guidance extends that relief by excusing 2023 missed RMDs if the participant died in 2020, 2021 or 2022 on or after the RBD."  MORE >>

Legacy Professionals LLP

You Can't Have Your Cake and Eat It, Too: Applying Partial Withdrawal Credit

"The Fund ... argued the credit had been factored into its total withdrawal liability amount because it applied the credit to Perfection Bakery's allocation of unfunded vested benefits. The court agreed with the Fund, ruling that the Multiemployer Pension Plan Amendments Act requires any withdrawal credit, including a partial withdrawal credit, to be applied as a potential adjustment and not as a reduction after adjustments are made. While this ruling aligns with [a] 2018 Ninth Circuit decision ... it fundamentally misinterprets the law and is contrary to the [PBGC's] own guidance.' [Perfection Bakeries Inc. v. Retail Wholesale & Dep't Store Int"l Union & Indus. Pension Fund, No. 22-0573 (N.D. Ala. Jul. 7, 2023)]  MORE >>

Faegre Drinker

Ameritas 401(k) Plan Sued Over Alleged ERISA Violations

"Plaintiffs accused the defendants of conflicts of interest because the plan paid 'excessive annuity contract management fees directly to Ameritas, its affiliates and/or third parties[.]' " [Colston et al. vs. Ameritas Holding Co., No. 23-3137 (D. Nebr. complaint filed Jul. 28, 2023)]  MORE >>

Pensions & Investments

Former HR Head Sues Investment Manager Alleging Retirement Plan Breaches

"[The] lawsuit ... targets the way the plan assets were invested and the assets' investment in company funds and other concerns.... The plaintiff claimed 11 instances of breach of fiduciary duty [by] defendants[.]" [Andrew-Berry et al. v. George A. Weiss and GWA, LLC, No. (D. Conn. complaint filed Jul. 24, 2023)]  MORE >>

PLANSPONSOR; free registration may be required

Alts Firms Want to Break Into DC Plans, But It Won't Be Easy

"Investment managers and defined contribution plan fiduciaries want to provide access to alternatives to plan participants. But disparate performance, lack of clarity on liquidity, and the threat of litigation remain obstacles."  MORE >>

Institutional Investor

Vanguard Retirement Exec Says Crypto 401(k) Offerings Are 'Very Premature'

"While BlackRock, Fidelity Investments and a handful of other asset management firms are racing to get their applications for a spot bitcoin exchange-traded fund approved, not every asset manager is buying into the crypto craze.... Dave Stinnett, [Vanguard's] head of strategic retirement consulting ... [said] that Vanguard believes putting a cryptocurrency fund option into a 401(k) lineup would be 'very premature.' "  MORE >>

Pensions & Investments

401(k) Spousal Consent Bills Reintroduced in House and Senate

"HR 5060 and S 2627 would 'amend [ERISA] to provide for greater spousal protection under defined contribution plans, and for other purposes' ... Supporters argue that since defined contribution retirement plans are often a couple's largest financial asset aside from their home, spousal consent is needed to prevent the 'devastating effect' if one spouse takes a withdrawal from their account without the other spouse's knowledge or consent, especially for those less familiar with the household's finances."  MORE >>

American Retirement Association [ARA]

What Happened to Late Boomers' Retirement Wealth?

"Late Boomers have less retirement wealth than earlier cohorts, including surprisingly low 401(k) assets.... The main factor ... is that Late Boomers saw a weakening in the link between work and wealth due to the Great Recession. The Great Recession story is a bit of good news for younger cohorts, as some of the downward pressure on their wealth holdings should abate."  MORE >>

Center for Retirement Research at Boston College

[Opinion]

Texas: You Have a 403(b) Problem

"Texas school district 403(b) plans ... are absurdly long (often 40+ vendors, each with dozens of investment choices) and stuffed with high-cost companies.... Texas personal finance writer Scott Burns describes it as: The Texas 403(b) Corral. And it's not Okay. He contrasts the raw deal 1.6 million teachers get compared to the low-cost investing offerings (0.1%) the 72,000 workers at ExxonMobil in the state get."  MORE >>

403bwise

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Selected New Discussions

Owning Real Estate in Cash Balance Plan

"I have a Cash Balance Plan that is looking to buy an investment property and renovate it, hopefully as an asset of the Plan. The property is about $1.35 million, then they would want to spent $1.5 million to renovate it and create a multi-unit rental. I know owning the property and generating income via rentals isn't an issue, as long as all revenue goes back into the Plan since it is a Plan asset (at least that's my understanding)? Can they also pay for the renovation out of Plan assets?"

BenefitsLink Message Boards

RMD as Installments/Annuity When Not Permitted in Document

"The plan document for the ERISA 403(b) plan says that distributions are only allowed in lump sum payments. However, the RK is allowing participants to take RMDs in installments or annuities (and in excess of the RMD amount, which is a separate issue). Is there an overriding provision somewhere that allows this regardless of what may be in the plan document? Or am I going to have to amend my document to line up with the RK?"

BenefitsLink Message Boards

SECURE 1.0: Retroactive Safe Harbor 4% to Correct ADP

"A client sent us their census information this past week, and naturally their ADP Test failed miserably for 2022. I am preparing a communication explaining the owners' the option of amending the plan retroactively to provide for a 4% Safe Harbor Nonelective for 2022, or take a sizable refund of their deferrals. Question: We're well past March 15. Assuming the client will elect to contribute a $12,000 Safe Harbor contribution to make this go away, is there still a requirement that they also pay the 10% excise tax on the excess deferrals, or is the concept of an 'excess' gone by providing the 4% Safe Harbor?"

BenefitsLink Message Boards

Delinquent Loan Not Defaulted

"[T]rustee-directed pooled plan [is] moving to a daily platform with us as TPA. It is a Sept 30 plan year end. They've used an insurance company as record keeper/administrator for many years who did testing, 5500 and an annual statement. The plan sponsor mentioned she wanted a long separated participant out but they had a loan. I ask are they making payments -- answer no. I said oh the insurance company did a 1099-R then? She said no they don't do that, she does 1099-Rs. So there is a long delinquent loan.... Once it transfers to the new record keeper the loan will be on the books unless they can convince this person to take distribution before Oct 1 of which I am hopeful.... How can you go back years and default a loan with 1099-R? I will ask how long ago has this been going on.... I'm surprised this insurance company did not say something -- they have the record keeping, issued the loan, do the testing, admin and 5500. Comments?"

BenefitsLink Message Boards

Press Releases

National Institute of Pension Administrators Announces 2023-2024 Officers

NIPA [National Institute of Pension Administrators]

EPIC Retirement Plan Services Purchases Retirement Direct

EPIC Retirement Plan Services

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Driving Successful Outcomes with a 3(16)

August 22, 2023 WEBINAR

Pentegra

A Prudent Practices Deep Dive: Implement & Monitor

August 24, 2023 WEBINAR

Broadridge

Last Issue's Most Popular Items

Correcting Retirement Plan Overpayments Under SECURE 2.0

Mercer

Of Athene, Pension Risk Transfers, and Fiduciaries

Retirement Income Journal

SECURE 2.0 Provisions Related Specifically to 403(b) Plans

Retirement Management Services, LLC

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

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