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Retirement Plans Newsletter

February 13, 2024

3 New Job Opportunities 3 New Job Opportunities

 

[Official Guidance]

Text of Instructions for IRS Form 8881: Credit for Small Employer Pension Plan Startup Costs, Auto-Enrollment, and Military Spouse Participation (PDF)

Rev. Feb. 8, 2024. "What's New: [1] Increased small employer pension startup costs credit.... [2] Employer contribution credit.... [3] Military spouse participation credit. "  MORE >>

Internal Revenue Service [IRS]

[Sponsor]

ASC Releases its SECURE 2.0 Operational Checklists Reliably & On Time!

As always, ASC's ERISA experts have got you covered! SECURE 2.0 Checklists are ready to go. Separate checklists available: Pre-approved DC, DB &403(b) plans and Tax-exempt & Governmental 457(b) Plans. Learn about ASC’s highly-rated Plan Doc System

Sponsored by ASC

[Official Guidance]

Text of Social Security Administration Form 8955-SSA 2-D Barcode Standards (PDF)

45 pages. "This document covers only the 2D barcode on ERISA Form 8955-SSA. The 2D barcode is intended to represent the information on the paper form. Barcodes for this form are generated from two sources: [1] The IRS Form 8955-SSA Fillable PDF produces a barcode after printing the form in Adobe. [2] The approved software vendors for Form 8955-SSA produce a barcode when printing their forms from the ir software packages." [Version 2.16, Jan. 2, 2024]  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

Can the DOL Calculator for Earnings Be Used on Error Corrections?

"Compared to the alternatives, the DOL calculator provides a definite, quick solution that is not administratively onerous.... [T]he answer is often 'maybe.' ... The DOL calculator can always be used to determine lost earnings when correcting plan errors through VFCP.... Corrections for operational errors that are governed by the IRS call for more analysis."  MORE >>

Bricker Graydon

[Guidance Overview]

DOL's Automatic Portability Proposal

"Automatic portability uses -- via an automatic portability provider -- a 'money follows the participant' model. A collateral benefit of an automatic portability system is that, to some extent, it might solve problems with missing/unresponsive participants."  MORE >>

October Three Consulting

[Guidance Overview]

DOL Proposes Rule on Automatic Portability

"SECURE 2.0 ... added a prohibited transaction exemption under which an intermediary ... may receive a fee without violating prohibited transaction rules.... One topic of specific interest to the DOL is whether it should expand the exemption to include not only participant funds but also beneficiary funds. The statutory prohibited transaction exemption does not include beneficiaries' accounts even though the same concerns apply."  MORE >>

Segal

[Guidance Overview]

IRS Notice Clarifies New Plan Automatic Enrollment Requirement

"[SECURE 2.0 requires] that any 401(k) plan or 403(b) plan established on or after December 31, 2024, must provide automatic enrollment.... [Notice 2024-02] discusses when a Plan is established in order to be a Grandfathered Plan. It also discusses how the new requirements affect mergers and acquisitions, multiple employer Plans, spun off Plans and the new deferral only Plans created by the Act.... [It] is the adoption date and not the effective date that governs."  MORE >>

Trucker Huss

D.C. Circuit Allows Withdrawal Liability Assumption to Be Set 'As Of' the Measurement Date

"The court concluded that an actuary may set actuarial assumptions for a given measurement date after the measurement date based on information that was available 'as of' the measurement date.... 'When adopting actuarial assumptions, an actuary may base their assumption on information after the measurement date so long as those assumptions are "as of" the measurement date -- that is, the assumptions must be based on the body of knowledge available up to the measurement date.' " [Trustees of IAM National Pension Fund v. M & K Emp. Sols., LLC, No. 22-7157 (D.C. Cir. Feb. 9, 2024)  MORE >>

Roberts Disability Law

Wisconsin Federal District Court Issues Five Rulings on Motions to Dismiss 401(k) Investment and Fee Cases – Is There a Way to Reconcile Them?

"That the court readily dismissed the investment performance claims ... may be indicative of a larger trend in which courts appear to be more skeptical of claims that are based on after-the-fact comparisons of a fund's performance relative to that of other funds that may have utilized different investment strategies. With respect to the recordkeeping claims, however, it is difficult to discern why the court more intensely scrutinized the allegedly comparable plans in some cases than in others."  MORE >>

Proskauer

PBGC 2021 Pension Insurance Data Tables Installment (PDF)

"The tables summarize information on PBGC's Single-Employer and Multiemployer Insurance Programs and the defined benefit pension system, which includes time-series data on PBGC's finances and operations. The data on PBGC-insured defined benefit plans includes information on the number of plan participants, plan funded status, hybrid plans, frozen plans, and risk transfer activity. Additional information was added this year regarding Special Financial Assistance payments." [Also available: Excel format]  MORE >>

Pension Benefit Guaranty Corporation [PBGC]

2022 Report of Public Employer DC Plans

90 pages, "[This report] presents a detailed analysis of key operating data from the government defined contribution industry ... [T]he data ... represented 226 plans, 123 plan sponsors, $165 billion in plan assets and 2,907,992 individual plan participants.... Using the Detailed Results Tables in this report, members can compare their own agencies' characteristics versus their peers[.]"  MORE >>

National Association of Government Defined Contribution Administrators [NAGDCA]

Eighth and Ninth Inning 403(b) Strategies

"This post starts by discussing the process of 'ripping off the band-aid' of a high-cost vendor and getting out of a bad 403(b). It then describes the importance of continued saving through retirement age, finding money to save, dollar-cost averaging savings deposits, tax incentives to make up for lost time, and creating a retirement catch-up action plan ... It also summarizes research about 'the arithmetic of investment expenses' as well as three 'need to know' facts and six take-away action steps."  MORE >>

403bwise

2023 Retirement Survey: How Perception Shapes Our Reality (PDF)

"64% of near-retirees and retirees believe they are on track for retirement 40% of advisors agree ... 1 in 20 retirees continue to work part time -- most by choice ... 37% retired sooner than expected, and only 6% retired later than expected ... 1/2 of investors focused on a retirement income target (as opposed to a savings target) were advised by a paid retirement planner ... 3/4 of near-retirees and retirees moved money to stable or fixed income investments last year."  MORE >>

Allspring Global

Benefits in General

EBSA Recovers Over $1.4 Billion for Employee Benefit Plans, Participants, and Beneficiaries in FY 2023

"$844.7 million recovered in investigations.... EBSA investigations led to the indictment of 60 people for crimes related to employee benefit plans.... Compliance assistance programs yielded tremendous results.... $444.1 million restored to workers through informal complaint resolution.... Over 2,150 education and outreach events held in FY 2023."  MORE >>

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

Executive Compensation and Nonqualified Plans

[Guidance Overview]

Executive Travel on the Corporate Jet: First Half 2024 Imputed Income Rates

"[E]xecutives are increasingly provided travel on the company aircraft for both business and personal purposes.... [A]ny non-business travel invokes Form W-2 income inclusion using the Standard Industry Fare Level (SIFL) rates published by the Department of Transportation twice per year, effective for a six-month period. The rates for the first half of 2024 have just been published."  MORE >>

Winston & Strawn LLP

Employee Benefits Jobs

View job as Claims Adjuster for UEBT

Claims Adjuster

UEBT

WA

View job as Claims Adjuster for UEBT

View job as Retirement Plan Administrator for Retirement Planners and Administrators (RPA)

Retirement Plan Administrator

Retirement Planners and Administrators (RPA)

Remote

View job as Retirement Plan Administrator for Retirement Planners and Administrators (RPA)

View job as 401(k) Administrator for Blue Ridge ESOP Associates

401(k) Administrator

Blue Ridge ESOP Associates

Remote

View job as 401(k) Administrator for Blue Ridge ESOP Associates

Selected New Discussions

Hardship Self-Certification SECURE 2.0 Poll

"Just curious whether anyone knows whether large recordkeepers are moving to self-certification of hardship withdrawals as permitted by SECURE Section 312? Is this a choice by each plan sponsor, or are the recordkeepers mandating a specific service model?"

BenefitsLink Message Boards

Switch to Elapsed Time to Simplify LTPT?

"Suppose an eligible PT (500-100 hours in the last three years) employee does not elect to contribute, or completes an election for with 0% or $0 deferral. Wouldn't that suffice, assuming the employee had 30 days notice prior to 1/1/24? OR, effective 1/1/24, the Plan Sponsor elects to use Elapsed Time with no hours. One year eligibility, enter the plan on the anniversary date coincident with or next following completion of the 12 months; contribution would be based on the one year of service (12 months) during the plan year (?) Vesting would be based on year of service with no hours. But, wouldn't such an amendment to the plan need to have been signed by 1/1/24 and all (not just LTPT) be notified at least 15 days in advance of 1/1/24?"

BenefitsLink Message Boards

Spousal Waiver When There Is a Marital Settlement Agreement

"Husband and wife are getting a divorce and have a signed Marital Settlement Agreement saying they each waive their rights to any retirement plan of the other. Plan has J&S provisions. My understanding is that the MSA is not enforceable by the plan itself -- that is, the plan ... could not recognize a bene designation for anyone other than the husband unless he specifically signed a plan waiver; the plan cannot look at the MSA and say that is a satisfactory waiver. My 'research' ... seems to imply that without a plan waiver, the plan would have to pay the husband, but then the estate could seek to recover assets from the husband since he had waived his rights. But the plan itself cannot recognize the MSA.... Getting a little pushback from the attorney and wanted to double-check here."

BenefitsLink Message Boards

Additional Employer Adopting After the Year End and Deduction Issues

"Looking at a proposal for combo plan DB/DC, owner plus a bunch of employees DC is in existence for many years and DB will be retro to 2023. No PBGC coverage. Just found out that, the owner of the company sponsoring the DC plan also has a schedule c (no employees) which has substantial income but not adopted the DC plan as an additional employer so only w-2 is being used as his income. FYI W2 is 150k and schedule c income is 1M Q1. Can the schedule c retroactively adopt the DC plan as additional employer? Q2. If schedule c cannot adopt the DC plan retroactively as an additional employer but is included in the new DB plan, what compensation can be used for:

  • Combined testing
  • Combined deduction at 6% DC limit
  • Combined deduction at 31% limit"

BenefitsLink Message Boards

Press Releases

Arcoro Announces New Partnership with ABC Insurance Trust

Arcoro

Woodruff Sawyer Offers Pooled Employment Plans (PEP) to Clients: Great 401(k) Benefits with Less Work and Less Risk

Woodruff-Sawyer

Attorney Peter Hutchinson Joins The Wagner Law Group

The Wagner Law Group P.C.

Cigna Healthcare and HelloFresh Team Up To Expand Access to Affordable, Healthy Meal Choices

Cigna Healthcare

Allianz Expands Sales Team to Support Increasing Interest in Protecting Retirement Assets

Allianz

OneDigital Announces Acquisition of Tru HR Solutions in Tustin, CA

OneDigital

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

What You Need to Know Before Filing This Year's Form 5500 for Your 401(k) Plan

March 13, 2024 WEBINAR

Thompson Hine LLP

Designated Roth Employer Contributions: Beyond Designated Roth Deferrals

March 13, 2024 WEBINAR

TRA [The Retirement Advantage]

Trust Isn’t Enough: Avoiding Plan Valuation Mistakes – and Avoiding a Crisis If They Do Occur

March 19, 2024 WEBINAR

American Society of Enrolled Actuaries [ASEA]

Last Issue's Most Popular Items

2024 IRS Form 1099-R: Distributions from Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. (PDF)

Internal Revenue Service [IRS]

Going Above and Beyond: ERISA Disclosures (PDF)

benefits magazine, a publication of The International Foundation of Employee Benefit Plans [IFEBP]

Common Retirement Fears and How to Overcome Them

Kiplinger

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

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