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Retirement Plans Newsletter

August 30, 2023

2 New Job Opportunities 2 New Job Opportunities

 

[Guidance Overview]

SEC Private Fund Adviser Rules May Impact Benefit Plan Investors

"These rules will be of interest to plan sponsors and fiduciaries of defined benefit plans that include private fund investments as well as investment advisors and consultants and fiduciaries of defined contribution plans that are considering private fund investments (whether private equity, private real estate, or other structures).... Plan fiduciaries may benefit from revisiting their investment review framework and considering whether the Private Fund Rules shift priorities in future side letter negotiations."  MORE >>

Groom Law Group

[Guidance Overview]

Social Security Replacement Plan Participants May Be Exempt from SECURE 2.0 Roth Catch-Up Contribution Requirement

"[In Notice 2023-62] the IRS signaled its intention to issue future guidance to clarify that certain individuals, including Social Security replacement plan participants, are not subject to the Roth catch-up requirement at all. If confirmed, this interpretation would have a significant impact on participants in Social Security replacement plans, as well as the public retirement systems and public employers that sponsor or participate in such plans."  MORE >>

Ice Miller LLP

[Guidance Overview]

IRS Delays SECURE 2.0's Roth Catch-Up Mandate Until 2026

"The notice asks whether IRS should issue permanent guidance allowing plans without Roth features to limit catch-up contributions to employees who aren't high earners. However, the notice doesn't ask whether IRS should give plans with Roth features similar flexibility to simplify administration by eliminating catch-ups for high earners or requiring all employees to make Roth catch-ups."  MORE >>

Mercer

401(k) Crypto Case Crumbles in Federal Court

"While a federal judge found some merit in the arguments alleging that the [DOL's] compliance assistance release on cryptocurrency had an impact on a recordkeeper's business, it wasn't enough to warrant the relief requested." [ForUsAll Inc. v. DOL, No. 22-1551 (D.D.C. Aug. 29, 2023)]  MORE >>

American Retirement Association [ARA]

Choice and Evolution in Defaults (PDF)

29 pages. "[F]our main themes -- participant objectives and outcomes, ease of use, personalization, and cost -- guide both the optimal choice of a default today, and their future evolution. These themes represent an intersection of current and evolving participant needs, plan sponsor mindset changes ... and the developing ability to meet those needs through technological and regulatory change.... [This report examines] current defaults and emerging solutions in the context of the themes. [It provides], as a call to action, questions to reflect and act on for plan sponsors, service providers, and advisors in an Action Kit."  MORE >>

Defined Contribution Institutional Investment Association [DCIIA]

PBGC Approves $13.4 Million in SFA for New Bedford Fishermen’s Fund

"[PBGC] has approved the application submitted ... by the New Bedford Fishermen's Pension Fund. The plan, based in New Bedford, Massachusetts, covers 445 participants in the fishing industry ... [and] will receive approximately $13.4 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]

PBGC Approves $8.1 Million in SFA for United Furniture Workers Plan

"[PBGC] has approved the application submitted ... by the Pension Plan for Employees of United Furniture Workers of America and Related Organizations. The plan, based in Nashville, Tennessee, covers 95 participants in the manufacturing industry ... [and] will receive approximately $8.1 million in special financial assistance. The plan was projected to become insolvent and run out of money in 2023."  MORE >>

Pension Benefit Guaranty Corporation [PBGC]

PBGC Approves $22.1 Million in SFA for Local 917 Plan

"[PBGC] has approved the application submitted ... by the Local 917 Pension Plan. The plan, based in Floral Park, New York, covers 1,653 participants in the transportation industry ... [and] will receive approximately $22.1 million in special financial assistance ... The plan was projected to become insolvent and run out of money in 2025."  MORE >>

Pension Benefit Guaranty Corporation [PBGC]

PBGC Approves $436 Million in SFA for Southern California Glaziers Plan

"[PBGC] has approved the application submitted ... by the Southern California, Arizona, Colorado and Southern Nevada Glaziers, Architectural Metal and Glass Workers Pension Plan. The plan, based in Covina, California, covers 3,606 participants in the construction industry ... [and] became insolvent in January 2009[.]"  MORE >>

Pension Benefit Guaranty Corporation [PBGC]

[Opinion]

IRA Beneficiary Payout Rules: The Madness Continues

"How in the world could a normal person, unaffiliated with retirement accounts as a hobby or profession, figure this stuff out? The answer is, they cannot.... In this real-life scenario, items under consideration included the definition of an [eligible designated beneficiary (EDB)], the ages of the deceased and the beneficiary, the ability for an EDB to choose a payout structure, the 'springing' nature of the 10-year rule when an EDB minor turns 21, the 'at least as rapidly' rule, and the application of IRS Notice 2023-54."  MORE >>

Slott Report

Benefits in General

[Official Guidance]

IRS Disaster Relief Notice AK-2023-10, for Victims of Flooding in Alaska

"[V]ictims of flooding in parts of Alaska that began on May 12, 2023, now have until Oct. 31, 2023, to file various individual and business tax returns and make tax payments.... [I]ndividuals and households affected by flooding that reside or have a business in the regional educational attendance areas of Bering Strait, Copper River, Kuspuk, Lower Kuskokwim, Lower Yukon and Yukon Flats, in Alaska qualify for tax relief."  MORE >>

Internal Revenue Service [IRS]

Employee Benefits Jobs

View job as Retirement Plan Administrator
for Retirement Solutions Specialists

Retirement Plan Administrator

Retirement Solutions Specialists

Remote / Jacksonville FL

View job as Retirement Plan Administrator for Retirement Solutions Specialists

View job as Health & Welfare Benefits Analyst
for Skadden, Arps, Slate, Meagher & Flom LLP

Health & Welfare Benefits Analyst

Skadden, Arps, Slate, Meagher & Flom LLP

New York NY / Hybrid

Selected New Discussions

Payout of Terminated and Now Deceased Participant

"A client had an employee who was not paid out for a couple of years (she kept him in the plan thinking maybe some work would come up and he would be back in). Over the summer the employee died. The plan states that vesting does not count if someone dies or becomes disabled. The employee died and had a break in service prior to their death. Is the deceased terminated employee 100% vested? Or do I pay him out based on his vested% at the time he terminated?"

BenefitsLink Message Boards

RMD to Surviving Spouse That Is Current Employee

"Participant died in 2022 prior to his required beginning date. Surviving spouse is sole beneficiary and current employee and would like to roll over his balance into her account in the same plan. Assuming the plan allows this, any concerns? Would she have 10 years to fully distribute the amount attributable to the deceased participant or would it be consolidated with her balance and subject to her own RMD requirements?"

BenefitsLink Message Boards

DFVCP Following IRS Penalty Assessment

"I've having a difficult time finding a clear answer on whether DFVCP may be used to eliminate IRS penalties for a late 5500 after the IRS has already imposed a penalty. The available IRS late-filer relief guidance does not seem to address this squarely. It says that IRS will waive penalties if, among other things, the filer complies with DFVCP. The DFVCP FAQs say an 'IRS late-filer letter' will not disqualify a plan from using DFVCP, but it doesn't address a situation where the IRS has already imposed a penalty. There has been no correspondence from the DOL on the late 5500. My initial reaction is that using DFVCP now probably would not automatically waive the IRS penalties already imposed (but that it may be a good idea to minimize further DOL liability) and that a separate reasonable cause statement would need to be filed with the IRS requesting abatement of the penalties. Am I off base?"

BenefitsLink Message Boards

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

POBs: Set to Make a Comeback?

September 7, 2023 WEBINAR

International Foundation of Employee Benefit Plans [IFEBP]

IRA Distributions

October 17, 2023 WEBINAR

Ascensus

Last Issue's Most Popular Items

IRS Gives Plans Two Years to 'Catch Up'

Groom Law Group

More Time to Catch Up: IRS Announces Two Year Delay of Roth Catch-Up Requirement

Eversheds Sutherland

DOL Extends Grace Period for EFAST2 Login Credentials

Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

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

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