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Retirement Plans Newsletter

March 7, 2024

2 New Job Opportunities 2 New Job Opportunities

 

[Official Guidance]

Text of IRS Publication 590-A: Contributions to Individual Retirement Arrangements (IRAs), for Use in Preparing 2023 Returns (PDF)

61 pages, Mar. 4, 2024. "What's New for 2023: [1] IRA contribution limit increased.... [2] Increase in required minimum distribution age.... [3] Modified AGI limit for traditional IRA contributions ... [4] Modified AGI limit for Roth IRA contributions ... What's New for 2024: [1] IRA contribution limit increased for 2024.... [2] Modified AGI limit for traditional IRA contributions increased.... [3] Modified AGI limit for certain married individuals increased.... [4] Modified AGI limit for Roth IRA contributions increased."  MORE >>

Internal Revenue Service [IRS]

[Official Guidance]

Text of IRS Form 15315 and Instructions: Annual Certification for Multiemployer Defined Benefit Plans (PDF)

4 pages; rev. Feb. 2024. "Form 15315 ... is used to report the actuarial certification of a multiemployer plan's status. The plan actuary must file this form annually with the IRS to satisfy the reporting requirements of IRC Section 432(b)(3)."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

2024 Limits on Contributions to 401(k) Plans Qualified in Puerto Rico

"In the case of dual qualified 401(k) plans, Hacienda's limits only apply to those participants who.... are residents of Puerto Rico. Basically, this means participants whose wages are reported using a local Form W-2 ... U.S. participants, on the other hand, remain subject to the regular annual limits set forth by the IRS in Notice 2023-75."  MORE >>

Carlos Gonzalez Law Office LLC

[Guidance Overview]

The New Fiduciary Rule, Part 22: Can Wholesalers Become Fiduciaries?

"When a wholesaler becomes a fiduciary to a plan or an IRA, and the recommendation is made by the advisor or agent to and accepted by the IRA investor or plan fiduciary, there will likely be a prohibited transaction due to the wholesaler's firm making money on the investment or insurance product. Where a wholesaler prohibited transaction occurs, an exemption (PTE) will be needed, most likely PTE 2020-02."  MORE >>

FredReish.com

How Missing and Inaccurate Participant Data Impacts a Death Audit

"In 2023, the [Social Security Death Master File] only provided 16% of death records.... Death audits now require the aggregation of thousands of data sources, primarily obituaries.... This makes utilizing multiple pieces of personal identifiable information (PII) to identify participants necessary -- such as first/middle/last name, SSN, date of birth, city and state."  MORE >>

The Berwyn Group

SEC Approves Rule Requiring Public Companies to Disclose Climate Risk, Emissions

"Public companies will have to disclose the climate risks material to their business; the companies' strategies for reducing those risks and related costs; the processes the companies use for managing and identifying climate risks; any losses from severe weather events; and scope 1 and 2 emissions."  MORE >>

planadviser

Insurers to Assume Pension Obligations for 56,000 Verizon Retirees

"Plan sponsor Verizon Communications Inc. this month completed a $5.9 billion pension risk transfer by purchasing single-premium group annuity contracts with two insurers covering 56,000 retirees ... The group annuities, from Prudential Insurance Co. of America and RGA Reinsurance Co., will provide benefits to retirees that began receiving payments from the Verizon pension plans before January 1, 2023[.]"  MORE >>

PLANSPONSOR; free registration may be required

[Opinion]

Why DB Plans Are the Right Tool for the Job

"DB programs (such as cash balance plans) are designed to offer efficient and pure risk pooling in retirement. The uncertainty of individual lifespans is handled efficiently by grouping many retirees in a single pension plan backed by a collective pool of assets. All members benefit from a more straightforward and cost-effective conversion of accumulated savings into lifetime income."  MORE >>

October Three Consulting

Executive Compensation and Nonqualified Plans

Expose Your Executive Pay Plan's Clawback Vulnerabilities

"Now that they are mandatory, it may be tempting to assume that identifying which parts of your executive compensation plan are vulnerable to clawbacks will be a straightforward endeavor. However, you may be surprised by the places where executive pay elements are hidden among other plan documents and written communications. [This article provides a] list of places where clawback triggers may be hiding to avoid being caught off-guard in the event of a restatement."  MORE >>

Willis Towers Watson

Steps for Executing Clawbacks After Your Restatement

"[1] Make key process decisions up front ... [2] Perform the calculations ... [3] Determine the source of clawback funds ... [4] Document calculations and processes."  MORE >>

Willis Towers Watson

How Companies Will Claw Back Executive Incentive Compensation

"Determining the source of funds to execute a clawback for current employees is straightforward: A ready source of funds exists based on future pay. The [SEC] has said that, after a restatement, companies must act 'reasonably promptly' to recoup funds, and that directors and officers who are charged with safeguarding the company's assets will pursue the most appropriate balance of cost and speed when deciding the right way to recover funds."  MORE >>

Willis Towers Watson

Employee Benefits Jobs

View job as Employee Benefits Attorney for Best Best & Krieger, LLP

Employee Benefits Attorney

Best Best & Krieger, LLP

Remote

View job as Employee Benefits Attorney for Best Best & Krieger, LLP

View job as Relationship Manager for Newport, an Ascensus Company

Relationship Manager

Newport, an Ascensus Company

Remote / NV

View job as Relationship Manager for Newport, an Ascensus Company

Selected New Discussions

414(s) Compensation Test on Deferrals

"I have a plan failing the 414(s) Compensation Test. They only have deferrals and I am already assuming a 3% De Minimis percentage. I'm not sure how to correct this since it's not affecting employer contributions. Would the employer be responsible for 'missed deferrals' on the bonus amounts? Or, if the plan passes the Average Benefit Percentage test will it be deemed to pass?"

BenefitsLink Message Boards

Using Forfeitures for Participant Education, Specifically Financial Wellness

"Because of the recent litigation regarding usage of forfeitures, wanted to get some back up for how this is being viewed in 401(k) and other participant directed account plans. Forfeitures must be used according to the plan document and most big providers have the standard 'pay plan expenses' and reduce employer contributions. Some also have the prorata allocation. Given all of that, we have seen it recommended that the forfeitures be used for participant education, specifically financial wellness. That also being a way to deplete the forfeiture account when the plan sponsor is paying the fees and/or does not have contributions to reduce. Any thoughts on this being a reasonable 'plan expense' noting here that I have reviewed Section 2550.404a-5 as well as the settlor vs permitted plan expenses the DOL has opined on and it does indicate educational seminars and retirement planning software is permitted. So if it is permitted -- does the financial education need to be specific to retirement planning or is overall financial wellness ok or is there some gray area?"

BenefitsLink Message Boards

Press Releases

Federal Court Orders Defunct Baltimore Company, Owner to Forfeit $388k in Shares to Restore Missing Contributions to Employee 401(k) Plan

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

New Centivo Report Reveals Nearly Half of Lower-Income Working Americans Are Afraid to Use Their Company Health Plans

Centivo

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Pooled Employer Plan: An Efficient Alternative to a Traditional 401(k)

RECORDED

Woodruff-Sawyer

Employee Benefit Simplification Initiatives

March 26, 2024 WEBINAR

American College of Employee Benefits Counsel

ESOP Annual Checklist

April 11, 2024 WEBINAR

Thompson Hine LLP

Last Issue's Most Popular Items

SECURE 2.0 Defined Contribution Retirement Plan Provisions Snapshot (PDF)

Multnomah Group

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

Jones Day

Ecolab Hit with ERISA Lawsuit Over Benefit Calculations

Pensions & Investments

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

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