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New Job Opportunity Today
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[Guidance Overview]
IRS Provides Guidance on Hodgepodge of Secure 2.0 Provisions
"[Notice 2024-02] was issued just days before some of the provisions were first effective and
includes guidance on a wide range of matters.... This [article] focuses on the changes most relevant to large plan sponsors with more than 100 participants -- i.e., automatic enrollment changes, de minimis financial incentives, an exception to the 10% tax for terminally ill participant withdrawals, an automatic enrollment error correction, the Rothification of employer contributions, and amendment deadlines
extensions." MORE >>
Morgan Lewis
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Private ESG Lawsuit Survives Motion to Dismiss
"[T]he court held that the amended complaint sufficiently alleged a breach of duty of prudence based on the allegation that, along with general reporting on the underperformance of ESG funds, the defendants should have considered various circumstances in which fund managers have
cast proxy votes connected to ESG strategies that led to the decline in value of various stocks." [Spence v. American Airlines, Inc., No. 23-0552 (N.D. Tex. February 21, 2024) ] MORE >>
Miller & Chevalier
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Retirement Savings System Under Fire at Senate Hearing
"A hearing that was billed as 'taking a serious look at the retirement crisis in America' with a focus on improving the defined benefit system ended with witnesses agreeing that some reforms are needed, but calling for drastically different measures." MORE >>
American Retirement Association [ARA]
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Addressing the Burden of Missing Participants
"Plan sponsors must distribute retirement benefits, per the plan document's lost-participant and distribution language, regardless of whether the terminated participant has completed and returned the associated forms.... [The authors] recommend tackling missing participants
proactively -- per the plan document and in compliance with IRS and DOL requirements -- and implementing best practice activities[.]" MORE >>
Definiti
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Should You Be Judging Your Plan’s Success Based on Benchmarks?
"As a fiduciary, plan sponsors are required to ensure the plan is working and meets the needs of its participants. Does your plan? It may meet certain benchmarks, but what is the basis for these benchmarks? In other words, the benchmarks may be measurable, but are they meaningful
for you and the participants in the plan?" MORE >>
PlanPILOT
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New Hampshire Adopts Enhanced Safeguards for Annuity Consumers
"New Hampshire is the 43rd state to adopt the 'best interest of consumer enhancements' in the National Association of Insurance Commissioners (NAIC) Suitability in Annuity Transactions Model Regulation. These new laws and regulations also harmonize with the SEC's
Regulation Best Interest. Nearly 80% of Americans now live in a state with a best interest standard for annuity sales." MORE >>
American Council of Life Insurers [ACLI]
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The Path from Accumulation to Distribution
"As retirees transition from the accumulation phase of saving to the distribution phase of spending, they often encounter emotional challenges and uncertainties.... [O]ne of those challenges occurs when individuals develop a scarcity mindset -- not enough money, not enough
opportunities, and not enough resources. [This FAQ addresses] common concerns and provide[s] practical strategies for navigating this significant life transition." MORE >>
Savant
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The Role of IRAs in U.S. Households' Saving for Retirement, 2023 (PDF)
"In mid-2023, more than four in 10 US households owned IRAs.... [M]ore than seven in 10 US households had retirement plans through work or IRAs ... [while] more than eight in 10 near-retiree households did.... 62 percent of traditional IRA-owning households indicated
that their IRAs contained rollovers from employer-sponsored retirement plans.... The three most common primary reasons for rolling over were not wanting to leave assets behind at the former employer, wanting to consolidate assets, and wanting more investment options." MORE >>
Investment Company Institute [ICI]
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[Opinion]
Steps Toward a New Paradigm for Retirement
"[The authors] propose a series of policy reforms that maintain the best aspects of our current system while improving its most egregious shortcomings. Collectively, [the] proposals form a 'new paradigm' for retirement: a system that will ensure a comfortable retirement
for all Americans, built by enhancing the most popular and successful aspects of today's retirement framework rather than pushing for politically infeasible alternatives. These seven guideposts define this new paradigm." MORE >>
The Brookings Institution
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[Opinion]
Coming to Retirement Plans: AI
"[S]ignificant opportunities exist for retirement systems to use AI to increase investment returns, improve member engagement, and produce better outcomes. ... [the retirement] industry may be on the cusp of radical change, the likes of which we have not seen since stock
trading went from paper to digital. Yet despite nearly limitless opportunities, using AI in retirement plans presents very real risks as well." MORE >>
Pensions & Investments
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Benefits in General |
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[Official Guidance]
IRS Disaster Relief Notice WA-2024-01 for Taxpayers Impacted by Wildfires in Spokane, Washington Area
"[I]ndividuals and businesses in parts of Washington state affected by wildfires that began on Aug. 18, 2023 ... now have until June 17, 2024, to file various federal individual and business tax returns and make tax payments.... [I]ndividuals and households that
reside or have a business in Spokane County qualify for tax relief[.]" MORE >>
Internal Revenue Service [IRS]
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Executive Compensation and Nonqualified Plans |
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[Guidance Overview]
Navigating the Application of a Clawback Policy to Restatements and Recovery Periods Before October 2, 2023
"[T]he determination of whether compensation is subject to clawback under the Final Rules can be complex, depending on items such as: [1] the date that a restatement of issuer financials is determined to be required, [2] the accounting periods that are restated, and
[3] the date that compensation was received." MORE >>
Winston & Strawn LLP
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Employee Benefits Jobs
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Selected New Discussions |
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Loans vs. Hardship Distributions: May Only Employed Participants Avail of Hardship Distributions?
"The guidance seems to indicate only employed participants may avail of hardship distributions, as the directing code section and Treasury regulations seem to deliberately refer to 'employees' in contrast to 'participants'."
BenefitsLink Message Boards
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MEP as Successor Plan: How to Deal with Non-Conforming Provisions?
"The sponsor of a PEO MEP is bringing about a new client that already has their own 401k plan. It's a small plan, but very messy, with provisions that are not part of the MEP (e.g., vesting, distribution options). I'm thinking that we can't tell them to terminate the
401k and then join the MEP - that might run afoul of successor plan rules. But what about if we terminate the 401k and tell all the participants that they have to rollover into the MEP? Or is there another way around this (other than amending the MEP to allow for all sorts of strange things for this one adopting ER only)?"
BenefitsLink Message Boards
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Is SECURE 2022 Law?
"In Texas v. Garland ... the court holds that the Consolidated Appropriations Act, 2023 is not an Act of Congress because the House of Representatives lacked a constitutional quorum on December 23, 2022 when the House voted on the Senate-passed bill.
SECURE 2022 is division T of that Consolidated Appropriations Act, 2023 ... The court's orders, even if all stays expire or otherwise end, do not act on division T. Rather, the court enjoins only the U.S. government's enforcement of the Pregnant Workers Fairness Act against the State of Texas. Yet, until there is a final decision of the Supreme Court of the United States: Might a plan sponsor that dislikes SECURE
2022's added or extended provisions about long-term part-time employees (not challenging the provisions enacted in SECURE 2019) assert that the [IRS] cannot require those provisions as a condition for a plan's tax-qualified treatment? If, next year, a person who would be eligible if added ERISA Section 202(c) is law is denied her elective-deferral opportunity, might the plan's administrator argue that a judge must
dismiss the participant's complaint because it fails to state a claim on which relief could be granted? About permissive provisions a plan sponsor likes, one imagines neither the Labor department nor the Treasury department would assert that a SECURE 2022 provision is not law because such an assertion would be contrary to at least the litigation position of the United States." [Texas v. Garland, No. 23-0034 (N.D. Tex. Feb. 27, 2024)]
BenefitsLink Message Boards
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Press Releases |
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Judge Orders Former Elmhurst Pre-School to Reimburse Employee Retirement, Health Plans $43K
Employee Benefits Security Administration [EBSA], U.S. Department of Labor
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The Cerrado Group Celebrates Its Third Anniversary – and Plans for Its Future Growth
The Cerrado Group
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Last Issue's Most Popular Items |
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Puerto Rico 2024 Retirement Plan Limits
Willis Towers Watson
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More Resources Now Available for Finding Lost Retirement Plan Benefits
Pension Rights Center [PRC]
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Senate HELP Committee Hearing on the Retirement Crisis in America
Committee on Health, Education, Labor and Pensions, U.S. Senate
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Copyright 2024 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.
BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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