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2 New Job Opportunities
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[Official Guidance]
Social Security Announces Key Updates to Address Improper Payments
"[CMS] will be ceasing the heavy-handed practice of intercepting 100 percent of an overpaid beneficiary's monthly Social Security benefit by default if they fail to respond to our demand for repayment.... [CMS will be reframing] guidance and procedures so that the burden
of proof shifts away from the claimant in determining whether there is any evidence that the claimant was at fault in causing the overpayment. For the vast majority of beneficiaries who request to work out a repayment plan, ... [CMS] will approve repayment plans of up to 60 months." MORE >>
U.S. Social Security Administration [SSA]
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[Official Guidance]
PBGC Interest Rate Updates, March 2024
Pension Benefit Guaranty Corporation [PBGC]
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[Guidance Overview]
Correcting a Common Mistake in 401(k) Plans: Failure to Make Safe Harbor Contribution:
"What Is a safe harbor contribution? ... Can you suspend or reduce safe harbor contributions? ... What are the consequences for suspending safe harbor contributions? ... Can you reinstate suspended safe harbor contributions? ... Best practices for avoiding
safe harbor contribution errors." MORE >>
ForUsAll
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[Guidance Overview]
The New Fiduciary Rule, Part 24: The DOL Fiduciary Rule Requires a Recommendation. What Is That?
"Generally speaking, ... if an advisor is saying, explicitly or implicitly, that a particular investment or strategy is appropriate for a retirement investor, it could be viewed as a recommendation, thereby invoking the fiduciary standard and the prohibited transaction
rules. Since this an objective standard, it could be described as whether a reasonable person, observing a conversation between an advisor and a retirement investor, would believe that a recommendation had been made to, e.g., purchase a particular investment or pursue a particular strategy." MORE >>
FredReish.com
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PBGC Has 'Turned Around' Potential Crisis, Director Says
"[PBGC] Director Gordon Hartogensis defended PBGC actions and said that it is 'providing crucial pension relief' in a March 20 appearance before the House Subcommittee on Health, Employment, Labor, and Pensions.... Much of the discussion concerned how the PBGC has been disbursing funds through the Special Financial Assistance (SFA) program." MORE >>
American Retirement Association [ARA]
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[Sponsor]
Embrace the Future of Retirement Plan Administration with Stax•ai
Enhance TPA workflows with seamless tech integrations, bulk record keeper downloads, SOC 2 Type II compliance, streamlined 5500 & 1099 reporting, and AI-powered trust accounting. Onboard in 30 days and enjoy reduced errors and boosted productivity.
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Pension Risk Transfers and the Continuing Concern About Buying a Pig in a Poke
"How [to] handle the novel types of relief requested in the complaints, especially in light of the fact that no participant has yet to suffer an unpaid pension benefit, may well be important issues that the courts will want to address. As the cases move through the courts, the
[DOL] will presumably continue its consideration of changes to IB 95-1 as directed by Congress in SECURE 2.0.... Further, beyond its impact on any pending litigation, the [DOL's] future report to Congress as required by SECURE 2.0 may well impact future PRTs." MORE >>
The Wagner Law Group
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How Men and Women Invest Differently, and What We Can Learn from Each Other (PDF)
"Male and female investment behavior has been compared in numerous studies, polls, and papers over the past few decades. While results vary, there are some consistent themes that appear and reappear. Examining these findings ... can help us better understand the factors that
influence our own investment behavior and to become more aware of which behaviors and strategies are most successful over time." MORE >>
Arnerich Massena
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Public Employee Turnover Trends Following Retirement Reforms in Rhode Island (PDF)
"[In 2011,]the Employees' Retirement System of Rhode Island (ERSRI) ... changed from a defined benefit pension plan to a hybrid plan with a reduced pension component and mandatory participation in a 401(k)-style defined contribution plan.... Employee turnover has been
consistently higher ... Higher turnover will result in fewer workers providing full careers in their communities ... These increased turnover trends not only dictate how much hiring public employers must undertake, but also the average and median level of experience of their workforce." MORE >>
National Institute on Retirement Security [NIRS]
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Why Individuals Should Clean Up Those Old 401(k) Balances
"The problem is most acute for people who leave behind small accounts. Employers are permitted to transfer orphan accounts that hold less than $7,000 into IRAs that may earn low returns in money market funds and charge high fees -- and most do so to trim plan administration
costs. Over time, these accounts can simply waste away." MORE >>
Morningstar
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[Opinion]
How to Reform Social Security
"[1] Give Social Security personnel and prospective beneficiaries access to an online calculator to avoid mistakes and make informed judgments about claiming benefits.... [2] Allow partial benefit claims, so that cash-constrained seniors can claim some Social Security
income early, and allow the remainder to grow.... [3] Allow beneficiaries to work without losing Social Security benefits. [4] End the practice of taxation by inflation -- by inflation- indexing all retirement-income taxation, including indexing the Social Security benefits tax. [5] Eliminate the Social Security benefits tax and make benefits part of ordinary taxable income for future retirees." MORE >>
Forbes; subscription may be required
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[Opinion]
No, 401(k) Funds Do Not Cost 2% Per Year
"[E]xpense ratios for 401(k) plans are largely determined by the level of plan assets. Bigger means thriftier. Multinationals have Treasury departments staffed with benefits experts who haggle when negotiating with 401(k) providers. In fact, they often circumvent mutual funds
altogether, insisting instead on cheaper collective investment trusts. In contrast, small-company sponsors are often ill-informed and possess little bargaining power regardless." MORE >>
Morningstar
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Executive Compensation and Nonqualified Plans |
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Trends in Change in Control Benefits
"Average change in control payments remain substantial, averaging ~$23.1M for CEOs and ~$7.5M for CFOs. The most common cash severance multiple in connection with a change in control is between 1.99 and 2.99 times compensation (60% for CEOs and 42% for CFOs). The prevalence of
double trigger vesting for equity awards remains high, utilized by 88% of companies. Accelerated vesting of equity awards continues to be the most substantial CIC payment, representing, on average, 63% and 58% of the CIC payments for CEOs and CFOs, respectively." MORE >>
Alvarez & Marsal
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Employee Benefits Jobs
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Selected New Discussions |
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Early Inclusion of Otherwise Eligible Employee
"If an ineligible employee (NHCE) defers for a Plan year and the Plan Sponsor allows them to keep deferrals in Plan via a retroactive amendment -- would this ineligible employee (an NHCE) also receive the Safe Harbor 3% and/or profit sharing? Or would they essentially only
be allowed to defer and receive a Top Heavy?"
BenefitsLink Message Boards
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Should the Plan's Administrator Reverse This Loan Default?
"On February 13, 2023, the participant took a $10,000 loan. The participant received the check and the promissory note, showing that her first payment was due on April 7, 2023. The recordkeeper sent the loan file. The employer admits it erred in not uploading the loan
file to payroll's systems. No loan repayment was taken from the participant's wages. On August 14, 2023, the recordkeeper sent the participant a letter informing her that, if she does not pay, her loan will default. The participant does not admit she received this letter.... The recordkeeper's record shows the participant loan defaulted on September 29, 2023. In early 2024, the participant received a Form 1099-R,
reporting the unpaid loan.... If the plan's administrator (a committee of the employer) believes the participant's statement that she did not notice any problem about the loan until she received the Form 1099-R, should the administrator direct the recordkeeper and trustee to reverse the loan default?"
BenefitsLink Message Boards
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Press Releases |
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Collaboration with Ophelia Provides Highmark Wholecare Members With Access to Opioid Use Disorder Treatment
Ophelia
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Empower Launches Comprehensive Suite of New Retirement Income Solutions
Empower
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Webcasts and Conferences (Retirement Plans / Executive Compensation) |
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403(b) and 457(b) Plan Compliance Challenges: SECURE 2.0, Requirements, Limits, Plan Design and Administration
April 16, 2024 WEBINAR
Strafford
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Mediating Employee Benefit Cases
April 25, 2024 WEBINAR
American Bar Association Joint Committee on Employee Benefits [JCEB]
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Last Issue's Most Popular Items |
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Employers Reminded to Carefully Consider ERISA Plan Document Requests
Haynes and Boone, LLP
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IRS 2023-2024 Priority Guidance Plan: Second Quarter Update (PDF)
Internal Revenue Service [IRS]
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District Court Provides Important Reminders for ERISA Plan Document Requests
Maynard Nexsen
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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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