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Retirement Plans Newsletter

December 28, 2023

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[Guidance Overview]

Exceptional Usefulness and Quality icon SECURE 2.0: The Most Sweeping Legislation Impacting Retirement Plans in Decades

This article provides both a high-level overview, as well as a detailed summary, of SECURE 2.0"s retirement plan provisions. Separate sections describe [1] Mandatory provisions, [2] Optional provisions, and [3] Legislative changes that do not require plan amendment.  MORE >>

PASI

[Sponsor]

Direct Answers to your ERISA & Retirement Plan Questions!

Our TAG experts average 25+ years of experience and comprehensively answer your retirement questions. TAG provides access to a database of 4,000+ FAQs, quick reference tools, and charts. Learn more!

Sponsored by Wolters Kluwer

[Guidance Overview]

After Empty RA List, IRS Delays Amendment Deadlines for New Laws

"For the second year in a row, the IRS Required Amendments (RA) List (Notice 2023-79) identifies no statutory or regulatory changes for individually designed qualified and Section 403(b) retirement plans.... IRS Notice 2024-2 extends the deadline to at least Dec. 31, 2026, for required and discretionary amendments related to recent legislation, including the SECURE 2.0 Act ... However, employers making unrelated discretionary changes in 2025 generally will still need to amend their plans by the end of the 2025 plan year[.]"  MORE >>

Mercer

[Guidance Overview]

Preapproved 403(b) Plans

"This practice note discusses pre-approved Internal Revenue Code Section 403(b) plans, including their advantages, legal pitfalls, and other issues that an eligible employer may consider when determining whether to use a pre-approved plan for a new 403(b) plan or convert its existing 403(b) plan into a pre-approved plan."  MORE >>

Venable LLP, via LexisNexis Practical Guidance

[Guidance Overview]

403(b) Plan Design and Compliance

25 pages. "This practice note discusses the rules that apply when eligible tax-exempt organizations (or their employees) establish tax-sheltered annuities, custodial accounts, or retirement income accounts, as described in Section 403(b) of the Internal Revenue Code.... This practice note has been updated to address significant changes affecting 403(b) plans pursuant to the Secure 2.0 Act[.]"  MORE >>

Venable LLP, via LexisNexis Practical Guidance

[Guidance Overview]

Backdoor Roth IRA: Common Roadblocks

"[M]any advisors will have mass-affluent clients with all their qualified funds inside of company retirement plans, which are ignored for the purposes of calculating backdoor Roths (assuming the funds aren't rolled over into an IRA during the year).... Unfortunately, things get complicated quickly if taxpayers have existing IRA dollars (in any account) and/or if they plan to roll over funds from a qualified account at any point during the year."  MORE >>

Morningstar

Vendor Benchmarking for Plan Sponsors

"Vendor Benchmarking is the practice of monitoring, analyzing, and comparing your vendor's performance, reliability, and quality to other internal, competitive, or industry retirement plan performances. This process ensures you receive the best value for your organization and employees. It also allows you to establish standards and goals from the start of your vendor relationships, track progress, and measure success at present intervals."  MORE >>

OneDigital

Revisiting the Auto Portability Simulation (PDF)

11 pages. "Significantly more small-balance job-changers will be subject to new mandatory distribution provisions. Auto portability exerts a dramatic effect on reducing cashout leakage. Auto portability will grow net incremental wealth by $1.6 Trillion, vs. no auto portability."  MORE >>

Retirement Clearinghouse

Employers Cautious About 401(k) Law Optional Provisions in New Year

"Many of the major provisions Congress enacted late last year in sweeping workplace retirement access legislation will take effect in 2024, but plan sponsors are still wary of the mostly optional coverage enhancements. Employers don't want to test the waters by adopting plan amendments that would allow them to treat worker student loan repayments as 401(k) contributions or establish in-plan emergency savings accounts, according to benefits advisers and attorneys."  MORE >>

Bloomberg Law

Executive Compensation and Nonqualified Plans

[Guidance Overview]

Nonqualified Deferred Compensation Rules for Tax-Indifferent Entities

"This practice note explains the application of Internal Revenue Code Section 457A, which restricts the ability of certain tax-indifferent entities (so-called nonqualified entities) to defer compensation for services provided by their service providers. It provides guidance on practical steps for attorneys advising such entities on nonqualified deferred compensation plans."  MORE >>

Venable LLP, via LexisNexis Practical Guidance

2024 ISS Policy Update: Severance Arrangements

"ISS will vote on a case-by-case basis on shareholder proposals requiring that executive severance (including change-in-control related) arrangements or payments be submitted for shareholder ratification."  MORE >>

Dodd-Frank.com

Employee Benefits Jobs

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Last Issue's Most Popular Items

Pre-Approved Plan Design and Compliance

Venable LLP, via LexisNexis Practical Guidance

Substantial Risk of Forfeiture Under the Internal Revenue Code

Venable LLP, via LexisNexis Practical Guidance

Executive Compensation Arrangements for Tax-Exempt Organizations

Venable LLP, via LexisNexis Practical Guidance

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

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