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Retirement Plans Newsletter

March 6, 2024

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[Official Guidance]

Text of IRS Comment Request: Salary Reduction SEP/IRA Contribution Agreement

"[T]he IRS is soliciting comments concerning the burden associated with the salary reduction simplified employee pension-individual retirement accounts contribution agreement.... Form 5305A-SEP is used by an employer to make an agreement to provide benefits to all employees under a Simplified Employee Pension (SEP) described in Internal Revenue Code section 408(k). This form is not to be filed with the IRS, but is to be retained in the employer's records as proof of establishing a SEP and justifying a deduction for contributions made to the SEP."  MORE >>

Internal Revenue Service [IRS]

[Sponsor]

Learn or Review the Foundational Knowledge Needed to Confidently Administer Qualified Plans!

ASC’s “Fundamentals Series” provides the basic, essential knowledge for new and experienced professionals. Session 5 covers Plan Docs, IRS/DOL Audits, Plan Correction Programs & Gov’t Filings. Previous recorded sessions available. Register Now

Sponsored by ASC

[Guidance Overview]

Notice 2024-02 Provides Guidance on Distributions to the Terminally Ill

"To be eligible for a Terminally Ill Distribution, an individual must be certified by a physician as having an illness or physical condition that can reasonably be expected to result in death in 84 months or less after the date of certification.... [T]he Terminally Ill Distribution provision of the Act is an exception to the 10 percent additional tax, not the distribution restriction requirements of 401(k) or 403(b) plans. For such a plan to allow Terminally Ill Distributions, it must first permit in-service distributions or hardship distributions."  MORE >>

Trucker Huss

[Guidance Overview]

SECURE 2.0 Defined Contribution Retirement Plan Provisions Snapshot (PDF)

8-page chart lists and describes SECURE 2.0 provisions and effective dates.  MORE >>

Multnomah Group

Ecolab Hit with ERISA Lawsuit Over Benefit Calculations

"The lawsuit ... said the pension plan executives used out-of-date mortality tables to calculate benefits, thus underpaying retirees.... [The plaintiff] said the [plan's joint and survivor annuity] shortchanges married retirees because pension executives use mortality tables that are over 50 years old in preparing the payment formula." [Bennett v. Ecolab, Inc., No. 24-0546 (D. Minn. complaint filed Feb. 21, 2024)]  MORE >>

Pensions & Investments

Another 401(k) Plan Sponsor Faces Novel Suit Regarding Its Use of Forfeiture Funds

"This is the seventh lawsuit filed against a plan sponsor, all filed by the same plaintiffs' firm in federal district courts throughout California. In some of the prior lawsuits, plaintiffs have alleged that the governing plan documents explicitly provided that plan sponsors could use forfeitures to lower contributions owed to the plans. The Tetra complaint is devoid of such allegations." [Yagy v. Tetra Tech, Inc., Case No. 24-1394, (C.D. Cal. complaint filed Feb. 21, 2024)]  MORE >>

Jones Day

PBGC Sues to Terminate New York City Non-Profit DB Plan

"The Sheltering Arms organization shut down in 2023, and the PBGC seeks to become its defined benefit plan's statutory trustee." [PBGC v. Sheltering Arms Children and Family Services, Inc., No. 24-1608 (E.D.N.Y. complaint filed Mar. 4, 2024)]  MORE >>

PLANSPONSOR; free registration may be required

Protecting Pension Funds Against Cybersecurity Threats

"The primary goal of cybersecurity is to achieve the CIA triad: maintaining confidentiality, integrity, and availability of information and systems ... This means protecting sensitive data such as Personally Identifiable Information (PII) from unauthorized access, ensuring its accuracy and reliability, and ensuring that critical systems are available when needed. One way to achieve the CIA triad is by leveraging virtual Chief Information Security Officer (vCISO) services[.]"  MORE >>

National Conference on Public Employee Retirement Systems [NCPERS]

Do You Know Where Your 'Missing' Retirement Plan Participants Are?

"The maximum participant plan balance that a plan sponsor can force out of a plan was increased by SECURE 2.0 to $7,000.... SECURE 2.0 also approved automatic portability generally so that a 401(k) plan sponsor could also automatically move a participant's small account to a new employer's plan when a participant changes jobs."  MORE >>

Bricker Graydon

Senate Debates Whether 401(k)s Should Replace Pensions

"Advocates of defined-benefits plans and proponents of defined-contribution plans once again squared off at a Senate committee hearing [on Feb. 28]. And, as usual, no consensus developed about the best direction to go, as policymakers struggle to find ways to increase Americans' retirement savings."  MORE >>

Treasury & Risk; free registration required

Aligning the PBGC's Single-Employer Premium Structure with Its Objectives (PDF)

12 pages. "While private-sector single-employer pension plan security has been sustained over the past half century, PBGC premiums have contributed to the significant decline in the number of covered plan participants, which can be regarded as a major systemic failure. PBGC's strong funding level provides an opportunity to rethink the premium structure to better align it with all aspects of its mission."  MORE >>

American Academy of Actuaries

Pension Finance Update, February 2024

"After a quiet January, pensions enjoyed a strong month in February, as higher interest rates accompanied higher stock markets. Both model plans ... gained ground last month: traditional Plan A improved 5% and the more conservative Plan B gained more than 1% during February."  MORE >>

October Three Consulting

U.S. Corporate Pension Plans Funding Status, February 2024

"The aggregate funded ratio for U.S. corporate pension plans increased by an estimated 3.4 percentage points in February, ending the month at 109.4% ... This month's change in funded ratio can mostly be attributed to a 2.8 percentage point decrease in liability value and a 0.2 percentage point increase in asset value. The aggregate funded ratio is estimated to have increased by 4.4 and 8.3 percentage points year to date and over the trailing twelve months, respectively."  MORE >>

Wilshire Associates

Employee Benefits Jobs

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EGPS

Remote

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Selected New Discussions

Can 'Temporary Employees' Be Considered an Excluded Class?

"A 401k plan sponsor does not want 'temporary employees' to be eligible to be in the plan. These TEs only work a few months. The 401k plan has a 90 day service requirement, elapsed time, no hours requirement with monthly entry. Without the exclusion, a few of these TEs could slip over the 90 days and still be there on a plan entry date. Can they be an excluded class or does this seem too connected to a service issue that would not be permitted as an excluded class? What if the exclusion centered on something like 'employees not eligible for health benefits' are excluded?"

BenefitsLink Message Boards

Withholding for Local Taxation (Market Practice)

"I believe most, if not all, of the large recordkeepers do not withhold local taxes from plan distributions. I assume that it's just too difficult to track and administer the various local tax withholding laws/rules. I would also think that there may be some preemption arguments because it's disruptive to the uniform administration of retirement plans. Without doing any research, I would think that some local jurisdictions would specifically require withholding and some may not (or may not have any rule at all). I'm thinking that the potential liability to a plan sponsor would be low b/c of some combination of the following: [1] the underlying local tax liability belongs to the participant; [2] it's a low amount; [3] limited local resources to enforce; [4] maybe preemption attaches; and [5] market practice of not withholding for local taxes. Anyone have any thoughts/direction on this issue?"

BenefitsLink Message Boards

Basic Questions on Permitting 'Aggressive' Investments

"A plan sponsor asked their financial advisor (who in turn asked me) about possibly permitting what may be a REIT in the 401k plan. The plan is a pooled asset plan with trustee, not employee direction. The plan sponsor/trustee I believe wants to invest a significant amount into this new investment. The plan document does not have any restrictions on investments. The owner who is pushing for this is over age 70. I want to give them some possible downsides. Risky investments beyond retirement age would be one. So would possibly investing in a high risk investment that could negatively impact participant balances. Although a small plan (around 15 participants), This could be considered a non-qualifying asset and trigger an annual audit. Any other obvious matters to point out?"

BenefitsLink Message Boards

Press Releases

EBenefitsHub Announces That Gravie And Its ICHRA Platform Is Now An Exclusive National CorePartner

eBenefitsHub

The Standard Expands Personalized Managed Account Solutions for Workplace Retirement Plans

The Standard

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

PSCA National

May 15, 2024 in UT

PSCA [Plan Sponsor Council of America]

Last Issue's Most Popular Items

A Primer on MEPs, PEPs and GoPs

Newfront

Cash Balance Plans Explained

Retirement Management Services, LLC

ERISA Advisory Council Report: Recordkeeping in the Electronic Age (PDF)

Advisory Council on Employee Welfare and Pension Benefit Plans, Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

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

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