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Retirement Plans Newsletter

April 4, 2024

8 New Job Opportunities 8 New Job Opportunities

 

[Guidance Overview]

Corporate Transparency Act Issues for ESOPs

"For companies owned 25% or more by an ESOP, the trustee of the ESOP Trust is likely a Beneficial Owner for CTA reporting purposes. Issuance of warrants to selling shareholders in the sale of shares to an ESOP is common, and such selling shareholders may also be considered Beneficial Owners if they were issued more than 25% of the fully diluted equity of the entity in the form of warrants or hold a combination of warrants and stock accounting for more than 25%."  MORE >>

Kaufman & Canoles, P.C.

Retirement Plan Sponsor Sues Adviser, Alleging Failure to Advise Plan of Amendment Implications

"Great Lakes Management Co. is suing its retirement plan consultant and retirement plan adviser USI Consulting Group Inc., alleging the firm negligently counseled the retirement plan to change plan contributions to a safe harbor and true-up that caused it to contribute nearly $100,000 over two years.... Great Lakes Management claims USI Consulting Group owed a duty to advise the plan of the implications -- including the cost to the company -- of the amendments, particularly the true-up." [Great Lakes Management Co. v. USI Consulting Group, Inc., No. 24-1093 (D. Minn. complaint filed Mar. 28, 2024)]  MORE >>

PLANSPONSOR; free registration may be required

AT&T Facing ERISA Breach of Fiduciary Duties Suit for Pension Risk Transfer

"In April 2023, AT&T offloaded over $8 billion of its Plan pension liabilities through a pension risk transfer by purchasing group annuity contracts ... The suit alleges that the transfer allowed AT&T to profit by more than $363 million and that State Street, an independent fiduciary of the plan, was paid to assess, recommend, and bless the transaction, and profited from the transfer.... There are now three recent suits in different district courts regarding a breach of fiduciary duty for pension risk transfers[.]" [Piercy v. AT&T Inc., No. 24-10608 (D. Mass. complaint filed Mar. 11, 2024)]  MORE >>

Thomson Reuters Practical Law

The DOL Brief in Litigation Challenging ESG Regulation: What Is a Tiebreaker?

"DOL's presentation of the tiebreaker rule ... raises a question ... Is it DOL's view that fund managers in liquid financial markets, in 'apply[ing] investment strategies that never require them to choose between alternatives that equally serve the plan's needs,' may only consider issues of risk and return and never consider 'collateral benefits?' " [Utah v. Su, No. 23-0016 (N.D. Tex. Sep. 21, 2023; on appeal to 5th Cir. No. 23-11097; brief for appellees filed Mar. 21, 2024)]  MORE >>

October Three Consulting

DOL Alleges Profit-Sharing Plan Fiduciaries Took Retirement Plan Assets

"The [DOL] has sued a New York tree service, alleging that plan fiduciaries breached their duties to participants of the Trees R Us Inc. Profit Sharing Plan by stealing $149,380 from plan accounts in 2019 and 2020." [Su v. Trees R Us, Inc., No. 24-2472 (E.D. N.Y. complaint filed Apr. 2, 2024)]  MORE >>

PLANSPONSOR; free registration may be required

Auto Workers' DC Plan Will Facilitate Participant Use of Online Annuity Platform

"In recent wage negotiations in Detroit, the United Auto Workers union couldn't persuade the big automakers to restore its members' defined benefit pensions.... But last fall's compensation agreement contained a consolation prize ... Union workers at General Motors and Stellantis ... in Detroit will have a direct internet link from their retirement plan platform to Hueler's online annuity platform, where they can use part of their savings to buy a guaranteed income stream."  MORE >>

Retirement Income Journal

Do You Really Need $1.5M to Retire? Experts Weigh in on the New Magic Number

"While each expert offered a distinct take on the survey data, they all agreed that savers are better off focusing on a holistic approach to income planning rather than pursuing a single magic number."  MORE >>

ThinkAdvisor

Alight Solutions 401(k) Index™: First Quarter 2024 Observations

"401(k) investors were active in Q1, logging 14 above-normal days ... The distribution of those days reveals a slowing trend, however, with eight taking place in January, followed by four in February and just two in March. Net trading favored fixed income funds on 33 of 61 days."  MORE >>

Alight Solutions

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

"The aggregate funded ratio for U.S. corporate pension plans increased by an estimated 1.0 percentage points in March, ending the month at 110.1% ... This month's change in funded ratio resulted from a 1.7 percentage point increase in asset value partially offset by a 0.8 percentage point increase in liability value."  MORE >>

Wilshire Associates

[Opinion]

Missouri Senate Resolution Would Fund Pensions Through Fines and Fees

"Long-term pension solvency demands funding discipline and proper methods. Local governments in Missouri need to wean themselves off fines and fees to cover pension costs and instead pay for their pension promises out of general appropriations. Claims that a failure to rededicate fine and fee revenue to pensions will force those pension systems to insolvency are simply false:"  MORE >>

Reason Foundation

Benefits in General

DoorDash Launches Employee Benefits Program

"DoorDash is testing out a program that would offer access to health insurance, retirement, and paid time off (PTO) for its Pennsylvania-based employees.... Through the portable benefits platform Stride, participants can allocate their portable benefits savings to eligible categories most relevant to them, as well as access helpful information about benefits offerings."  MORE >>

401(k) Specialist

Executive Compensation and Nonqualified Plans

Exceptional Usefulness and Quality icon 2024 Compensation Committee Handbook (PDF)

134 pages. "This handbook focuses on considerations for publicly traded companies and specifically those listed on the New York Stock Exchange (NYSE) or Nasdaq. Many of the principles discussed have broader application ... [The authors] discuss the developments over the past year to executive and director compensation practices and related trends, particularly with respect to implementation of the SEC's clawback rule in connection with the Dodd-Frank Act and pay-versus-performance disclosure requirements."  MORE >>

Skadden

Employee Benefits Jobs

View job as Retirement Account Manager for Fringe Benefit Group

Retirement Account Manager

Fringe Benefit Group

Remote / Austin TX

View job as Retirement Account Manager for Fringe Benefit Group

View job as Retirement Plan Consultant for July Business Services

Retirement Plan Consultant

July Business Services

Remote

View job as Retirement Plan Consultant for July Business Services

View job as Regional Sales Director (West) for July Business Services

Regional Sales Director (West)

July Business Services

CA

View job as Regional Sales Director (West) for July Business Services

View job as Client Service Manager for July Business Services

Client Service Manager

July Business Services

Remote

View job as Client Service Manager for July Business Services

View job as Defined Benefit Consultant for FuturePlan, by Ascensus

Defined Benefit Consultant

FuturePlan, by Ascensus

Remote

View job as Defined Benefit Consultant for FuturePlan, by Ascensus

View job as Retirement Plan Consultant for FuturePlan, by Ascensus

Retirement Plan Consultant

FuturePlan, by Ascensus

Remote

View job as Retirement Plan Consultant for FuturePlan, by Ascensus

View job as Relationship Manager for Compass

Relationship Manager

Compass

Remote / NH

View job as Relationship Manager for Compass

View job as Retirement Plan Administrator for Wolters Kluwer / ftwilliam.com

Retirement Plan Administrator

Wolters Kluwer / ftwilliam.com

Remote

View job as Retirement Plan Administrator for Wolters Kluwer / ftwilliam.com

Selected New Discussions

K-1 Income and Cash Balance Contributions

"What's the best way to explain why Cash Balance Contributions can exceed the income on a K-1 to an accountant? We have a group who ultimately would show a very small income on their K-1: I believe they are contributing $120k into the Cash Balance, while the total income is $132k The accountant doesn't understand how it's possible and is concerned about a potential audit. We defined the benefit as a set dollar amount, and the maximum deductible is within the $120k. Also, it is a 2 person Plan with both participants being owners. So there is no discrimination testing to worry about. Thanks in advance!"

BenefitsLink Message Boards

Press Releases

Ascensus’ Enterprise Solutions Appoints New Sales Regional Vice President

Ascensus

Definiti Launches Exclusive Program for Advisor Success

Definiti LLC

Lincoln Financial Group Introduces Side-By-Side Pooled Employer Retirement Solutions for Businesses and Not-For-Profit Organizations

Lincoln Financial Group

Ameritas Now Works with Pontera to Offer 401(k) Management as Part of Holistic Financial Planning for Clients

Pontera

Prudential Financial Introduces New Workplace Insurance Benefits That Help Support Mental Health and Growing Families

Prudential Financial, Inc.

Voya Expands Nonqualified Deferred Compensation Offering with New 'Business-Ready' Solution for Smaller-Sized Businesses

Voya Financial

Human Interest Continues to Pioneer New 401(k) Services for SMBs, including its New DOL Audit Defense Service

Human Interest

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

QPAM: New Rules and Implications for Future Rules

April 10, 2024 WEBINAR

Groom Law Group

Voluntary Fiduciary Correction Program Webinar

April 25, 2024 WEBINAR

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

IRA Issues: Top 10 Wrap-up (2024 Edition)

May 7, 2024 WEBINAR

Ascensus

Advise | AI

October 9, 2024 in NV

FinancialPlanning

Last Issue's Most Popular Items

Now or Later: When Should You Update Your SPD for SECURE 2.0?

Haynes and Boone, LLP

BP Employees Win Equitable Relief Based on Misleading Communications About Retirement Plan Changes

Kantor & Kantor

DOL Creates More Ways for QPAMs to Be Disqualified

planadviser

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

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