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Retirement Plans Newsletter

December 22, 2023

2 New Job Opportunities 2 New Job Opportunities

 

[Guidance Overview]

What is Section 409(p) Testing?

"Section 409(p) 'simply' states an S Corp ESOP cannot allocate shares to disqualified persons during any nonallocation year. As such it's important to understand three terms: Disqualified Person, deemed-owned shares and nonallocation year. The testing itself can be simple or become complicated."  MORE >>

Blue Ridge ESOP Associates

[Guidance Overview]

PBGC Clarifies How SFA Affects Withdrawal Liability

"[T]he final rule addresses how amounts: [1] Paid by a plan for previously suspended benefits are considered in the calculation of withdrawal liability. [2] Repaid to the PBGC in traditional financial assistance are to be considered The final rule, which took effect on December 7, 2023, is consistent with informal guidance that the PBGC issued earlier in the year."  MORE >>

Segal

[Guidance Overview]

IRS Releases Guidance on SECURE 2.0 Provisions

"The good news is that the 81-page notice does not appear to require much immediate action from plan sponsors before the end of 2023. However, [Notice 2024-02] does provide important clarification on a few significant SECURE 2.0 provisions, including the optional treatment of employer contributions as Roth (section 604). On this subject, the notice devotes substantial attention to addressing key implementation issues, including eligibility and vesting requirements and how employer Roth contributions will be taxed."  MORE >>

CAPTRUST

2024 Reporting and Disclosure Requirements

"This article provides reporting and disclosure requirements under ongoing calendar-year qualified plans in the United States."  MORE >>

Willis Towers Watson

Benefits of Roth IRAs for New Retirees

"[W]ith taxable income at a low point compared to their earning years, new retirees may want to consider Roth conversions for their Traditional IRA assets. With a Roth IRA, provided the account has been open for at least five years, withdrawals are tax-free.... If an investor knows they may never tap their Roth assets for spending, the Roth account still passes to heirs tax-free."  MORE >>

InsuranceNewsNet.com

[Sponsor]

EOB: The Definitive Source

Experience ERISA clarity like never before with EOB. It's where the latest regulations and complex legalities become accessible and manageable. EOB offers ongoing updates and over 40,000 source links, making it the indispensable tool for industry professionals.

Sponsored by ASPPA

Last-Minute Roth IRA Conversion Planning Tips

"Converting a traditional IRA to a Roth IRA is accomplished with two steps: a distribution from a traditional IRA and a rollover to a Roth IRA. But, while seeming simple, the applicable rules can complicate the results. [This article covers] the key operational considerations for getting Roth IRA conversions right."  MORE >>

Morningstar

[Opinion]

Empower Comment Letter to DOL on Retirement Security Proposed Rule (PDF)

"[T]he breadth of the Proposed Rule could prohibit activities -- like sales conversations and plan sponsor investment conversations -- that have traditionally not been considered fiduciary activities. By assigning fiduciary status to plan sales, the Proposed Rule will reduce the flow of information to employers looking to sponsor retirement plans. This may reduce plan formation and is contrary to Congressional intent.... Given these significant impacts, the Department should withdraw the Proposed Rule. "  MORE >>

Empower

Benefits in General

[Official Guidance]

IRS Announces Tax Relief for : Tennessee Taxpayers Impacted by Storms and Tornadoes

"The [IRS] today provided tax relief for individuals and businesses in parts of Tennessee affected by severe storms and tornadoes that began on Dec. 9. These taxpayers now have until June 17, 2024, to file various federal individual and business tax returns and make tax payments.... Currently, this includes Davidson, Dickson, Montgomery and Sumner counties. Individuals and households that reside or have a business in these counties qualify for tax relief."  MORE >>

Internal Revenue Service [IRS]

Executive Compensation and Nonqualified Plans

Year-End Compliance Reminders: Deferred Compensation

"Follow your plan documents ... Avoid accelerating payment ... Carefully consider new deferred compensation ... Value the awards properly."  MORE >>

Varnum

Action Required: Reporting Share Transfers Pursuant to ISO Exercises and ESPP Purchases

"Although generally excluded from Form W-2 reporting, the U.S. Internal Revenue Code requires that separate information returns be furnished to most U.S. taxpayers who exercised ISOs during 2023 (an 'optionee') or who transferred shares during 2023 that were acquired under an ESPP (a 'transferor').... The deadline for furnishing Forms 3921 and 3922 to optionees and transferors is January 31, 2024. The deadline for filing Forms 3921 and 3922 with the IRS is February 28, 2024,"  MORE >>

Wilson Sonsini Goodrich & Rosati

Employee Benefits Jobs

View job as Retirement Plan Administrator for Fulton Bank

Retirement Plan Administrator

Fulton Bank

Remote / Lancaster PA

View job as Retirement Plan Administrator for Fulton Bank

View job as Implementation/Onboarding Specialist for Retirement Solutions Specialists

Implementation/Onboarding Specialist

Retirement Solutions Specialists

Remote / Jacksonville FL / Hybrid

View job as Implementation/Onboarding Specialist for Retirement Solutions Specialists

Selected New Discussions

Changing Valuation Date at DB Plan Termination

"Hi DB plan, one lifer, EOY val. Plan is slightly underfunded but creating a large required contribution which will make it over funded. Can I switch to BOY val with the above status?"

BenefitsLink Message Boards

Press Releases

Pete Chuchro Named Cigna Healthcare General Manager for Arizona Market

Cigna Healthcare

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Unexpected Fiduciaries: Wholesalers, IMOs and Others

RECORDED

Faegre Drinker

2024 EBRI-Milken Institute Retirement Symposium

January 23, 2024 in DC

EBRI [Employee Benefit Research Institute]

Is an ESOP Right for You?

February 5, 2024 in TX

National Center for Employee Ownership [NCEO]

Last Issue's Most Popular Items

Long-Term, Part-Time Proposed Rule for Certain DC Plans

Segal

Re-Evaluating Market-Based Cash Balance Plans in Light of SECURE 2.0

Fidelity

DOL Releases New Regulatory Agenda

Miller & Chevalier

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

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