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Retirement Plans Newsletter

February 26, 2024

5 New Job Opportunities 5 New Job Opportunities

 

[Guidance Overview]

Proposed Regs Issued for Long-Term Part-Time Employee Participation in 401(k) Plans

[P]eriods beginning before January 1, 2021, are not taken into account; the preamble to the regulations explains that this a mandatory requirement, and plan sponsors may not voluntarily credit additional service to employees for purposes of an LTPT employee determination.... ... If a plan sponsor mistakenly did not provide LTPT employees eligible as of Jan. 1, 2024, the opportunity to defer on that date, the plan sponsor may need to take corrective action under [EPCRS]."  MORE >>

Boutwell Fay LLP

[Guidance Overview]

IRS Provides Proposed Regulations for Long-Term Part-Time Employees

"Even though written plan amendments do not have to be made until the end of the 2026 plan year, plan sponsors are required to operate their plans in compliance with these LTPT employee requirements starting with the 2024 plan year. Section 403(b) plans must implement these provisions for plan years beginning in 2025."  MORE >>

TRI-AD

[Guidance Overview]

IRS Issues Interim Guidance on Self-Correction of Plan Failures

"Per [Notice 2023-43], a plan sponsor may self-correct an 'eligible inadvertent failure' if the following conditions are satisfied: [1] The failure was not identified by the Secretary prior to any actions demonstrating a specific commitment to implement a self-correction with respect to the failure. [2] The self-correction is completed within a reasonable period after the failure was identified. [3] The failure is not egregious ... does not directly or indirectly relate to an abusive tax avoidance transaction ... and does not relate to the diversion or misuse of plan assets. [4] The self-correction satisfies all of the provisions applicable to self-correction set forth in Rev. Proc. 2021-30."  MORE >>

Butterfield Schechter LLP

Reducing PBGC Premiums in 2024 (and 2023): The Standard/Alternative Method Election

"For 2024, the spread between the amount of premiums paid under the standard method vs. the alternative method is only about one-third as large, but this can still translate to millions of dollars for some plans. And, some sponsors who did not (or were unable to) elect the standard method for 2023 may still be able to reduce their 2023 PBGC variable-rate premium in certain circumstances."  MORE >>

October Three Consulting

The Convergence of Retirement Planning and Wealth Management

"According to surveying done by T. Rowe Price, 100% of large retirement plan advisories are now providing wealth management strategies to plan participants.... [T]hat trend is likely to continue in coming years ... Offering both plan advisory and wealth management services makes sense from several perspectives, including higher profit margins than plan advisory work ... But it is also a growth path for plan advisers[.]"  MORE >>

planadviser

CRS Report on Social Security: Estimated Impact of Hypothetical Solvency Measures

56 pages. "In its 2023 annual report, the Social Security Board of Trustees ... provided estimates for four hypothetical scenarios -- each using 2023 as a starting point -- that would maintain the trust funds' solvency ... This report examines the potential effects of these four hypothetical changes to Social Security benefits and the payroll tax rate for a set of hypothetical earners of varying earnings levels and birth cohorts." [R47924 Feb. 21, 2024]  MORE >>

Congressional Research Service [CRS]

[Opinion]

The Goldman Sachs Investment Performance Appellate Victory: How a Robust Fiduciary Process Helps Disprove the Disloyalty Claim for Proprietary Investments

"It is way too easy to bring a claim of fiduciary disloyalty, as courts give the benefit of doubt to plan participants who bring these claims. But the Goldman Sachs case shows how a prudent process of engaged and diligent fiduciaries can be used to rebut the unfounded claims of disloyalty and fiduciary imprudence on a summary judgment record. The case hopefully will give support for district court judges to grant summary judgment in more performance cases even when proof of fiduciary prudence is inherently fact intensive." [Falberg v. The Goldman Sachs Group, Inc., No. 22-2689 (2d Cir. Feb. 14, 2024)]  MORE >>

Encore Fiduciary

[Opinion]

What Does a High-Profile Embrace of Sustainable Investing by U.K. Pension Funds Mean for U.S. Fiduciaries?

"The law of fiduciary duties in the U.S. and UK are branches of the same tree, with deep shared roots in the English common law.... The divergence between the [recent U.K. Financial Markets Law Committee (FMLC) advisory opinion] and the arguments of the ESG skeptics is not due to differences in UK and U.S. legal precepts. Instead, the difference is due to the basic false premise of the U.S. anti-ESG movement, that incorporation of ESG factors is motivated by social or political goals rather than investment returns. The FMLC opinion stands as another powerful and well-reasoned rejection of that premise[.]"  MORE >>

Ropes & Gray LLP

[Opinion]

403bwise Remarks to Illinois Legislators on Proposed Single Vendor Legislation

"Illinois legislator Karina Villa ... is determined to fix a problem unique to K-12 employees: unvetted, exorbitantly priced multi-vendor 403(b) products sold by an army of sales agents with zero fiduciary duty. She has introduced legislation (co-sponsored by Robert F. Martwick) to require K-12 403(b) plan in the state be put out to bid. The bill would forbid the sale of products with loads and surrender charges.... [403bwise spoke] to Illinois legislators last week about the merits of this bill."  MORE >>

403bwise

[Opinion]

The U.S. Retirement System Is Working for America's Middle Class

"The US retirement system is the envy of the world, thanks largely to the success of defined contribution plans -- such as 401(k)s -- and individual retirement accounts (IRAs). Together with Social Security, employer plans and IRAs have helped build the middle class, giving millions of everyday Americans a financially secure retirement."  MORE >>

Investment Company Institute [ICI]

Benefits in General

Measuring Employee Engagement with Benefits Communication

"Setting up a step-by-step method for measuring employee engagement with benefits communication helps you keep track of your progress and quickly bring other team members into the process as your team grows or changes. [1] Evaluate past performance ... [2] Benchmark key metrics ... [3] Identify opportunities for improvement ... [4] Act on key insights."  MORE >>

Benefitfocus

Employee Benefits Jobs

View job as Senior Client Service Specialist for EPIC RPS

Senior Client Service Specialist

EPIC RPS

Remote / AZ

View job as Senior Client Service Specialist for EPIC RPS

View job as Senior Internal Sales Consultant for EPIC RPS

Senior Internal Sales Consultant

EPIC RPS

Remote

View job as Senior Internal Sales Consultant for EPIC RPS

View job as Retirement Sales Consultant for Pension Financial Services

Retirement Sales Consultant

Pension Financial Services

Duluth GA / Hybrid

View job as Retirement Sales Consultant for Pension Financial Services

View job as Retirement Plan Administrator for TPA Admin, Inc.

Retirement Plan Administrator

TPA Admin, Inc.

Melbourne FL

View job as Retirement Plan Administrator for TPA Admin, Inc.

View job as Director Group Compliance for NRECA

Director Group Compliance

NRECA

Arlington VA / Hybrid

View job as Director Group Compliance for NRECA

Selected New Discussions

Can Multiple IRAs of Deceased Owner be Aggregated for RMD Purposes?

"In the case of an owner of multiple IRAs who was receiving RMDs from her IRA accounts before death, can the IRAs be aggregated after death, as allowed during lifetime, so as to permit payment of the total RMD amount for all the IRAs to be made from a single IRA account?"

BenefitsLink Message Boards

HCE Became 1099 Employee for Part of 2023

"HCE was a W2 employee for the first 4 months in 2023 then became an independent contractor paid via a 1099 (legitimately). Would they be included in the ADP test in 2023 with their W2 comp and contributions?"

BenefitsLink Message Boards

Terminating DB Plan Participation Because SECURE 2.0 Change to Spousal Attribution Rules Eliminates Controlled Group

"Husband and Wife were considered control group under pre-SECURE 2.0 due to both minor child and community property state. They would meet the non-involvement in each others business and are no longer CG as of 1/1/2024.... They both sponsored a single DB through 12/31/2023. Wife would like to discontinue her participation in the Plan and execute a rollover distribution to IRA (with spousal consent). Wife will continue business, though income for 2023 was $0 and no W-2 was paid to wife's corp. Husband is sole employee of husband's sole-prop, Wife is sole employee of wife's corp and is 100% owner of wife's corp. Can she terminate participation in DB Plan and effect a rollover? ... Does she need to spin off to a new DB plan in wife corp name and then terminate? My understanding is she in not terminating service which would make things easier, the business is just currently not profitable. Wife is too young for in-service distribution and does not meet definition of NRA. Alternatively can her corp end participation in the DB Plan but she remain a terminated vested participant in the the Plan? If she remains a terminated vested participant in the Plan, would the Plan now require PBGC coverage? Has anyone reviewed how the 410(b) transition applies to plans dropping out of CG status due to secure 2.0 change?"

BenefitsLink Message Boards

Press Releases

Apex-MEC and the Health Benefits Alliance Announce a Partnership to Expand Employee Health Benefits Offerings

Apex-MEC

Kris Coffey Honored With 2024 Richard Ford Volunteer Service Award

National Tax-Deferred Savings Association [NTSA]

DOL Obtains Judgment Requiring Defunct Westmoreland County Company, President to Restore $40K to Its Health Plan

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

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

A Lively Defined Contribution Debate with Kathleen Kennedy Townsend

February 26, 2024 PODCAST

National Association of Plan Advisors [NAPA]

On Beyond Fiduciary: Effective Plan Governance

February 28, 2024 WEBINAR

Pentegra

Retirement Compliance Calendar

March 6, 2024 WEBINAR

Vorys

Surviving the New DOL Game Plan for Prohibited Transaction Exemptions

March 19, 2024 WEBINAR

The Wagner Law Group P.C.

Keeping Up with SECURE 2.0: Guidance on New Requirements and Choices

May 23, 2024 WEBINAR

Worldwide Employee Benefits Network [WEB]

Last Issue's Most Popular Items

Correcting 'Qualification Failures' Under the IRS Self-Correction Program

Holland & Hart, via JDSupra

Text of IRS Instructions for 2024 Forms 1099-R and 5498 (PDF)

Internal Revenue Service [IRS]

ERISA Fiduciary Duties, Part 2

Maynard Nexsen

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

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