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Retirement Plans Newsletter

April 11, 2024

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[Official Guidance]

Text of IRS Notice 2024-34: Weighted Average Interest Rates, Yield Curves, and Segment Rates for April 2024 (PDF)

"This notice provides guidance on the corporate bond monthly yield curve, the corresponding spot segment rates ... and the 24-month average segment rates ... [as well as] the interest rate on 30-year Treasury securities ... as in effect for plan years beginning before 2008 and the 30-year Treasury weighted average rate[.]"  MORE >>

Internal Revenue Service [IRS]

OMB Concludes Fiduciary Rule Review, DOL Release Expected Soon

"The White House's Office of Management and Budget (OMB) has completed its review of the Retirement Security Rule, and it is expected to be released by the [DOL] by the end of the month ... The OMB ... removed the rule from its regulatory review dashboard on April 10."  MORE >>

American Retirement Association [ARA]

Illinois Federal Court Holds That Pension Rehabilitation Plan Fund Used an Improper High-Contribution Rate in Withdrawal Liability Calculations

"In a matter of first impression for federal courts, the Northern District of Illinois found that a pension fund cannot use post-2014 contribution rate increases made pursuant to a rehabilitation plan to calculate an employer’s withdrawal liability payment amount. This decision represents a major victory for employers faced with inflated withdrawal liability demands." [Central States, Southeast and Southwest Areas Pension Fund v. Event Media, Inc., No. 22-6133 (N.D. Ill. Mar. 29, 2024)]  MORE >>

Littler

Retirement Plan Access and Fraud Prevention Considerations

"Plan participants need to take common sense measures to safeguard their accounts. Plan sponsors now face the dual challenge of providing online access to participants' retirement plans while keeping their information secure. Implementing and maintaining a proactive cybersecurity strategy is key for both parties."  MORE >>

Spectrum Consultants

Investment Menus and Fiduciary Considerations

"Before adding an investment strategy or asset class to an investment menu it is important to carefully consider the rationale for doing so. Is the potential addition appropriate based on the retirement plan's Investment Policy Statement and the plan participant population served?"  MORE >>

Spectrum Consultants

Pension Risk Transfer 2.0: Current Talking Points in the Marketplace

"[1] [DOL] Interpretive Bulletin 95-1.... [2] Private equity's role in pension risk transfers.... [3] Reinsurance.... [4] Hibernation remains a viable alternative.... [5] IBM reopens pension plan.... [6] Lockheed Martin and AT&T lawsuits."  MORE >>

NEPC

Retirement Plan Risks Posed by Higher Interest Rates

"Higher yields could prove fleeting.... Inflation and an overallocation to cash.... Higher interest rates and higher tax bills."  MORE >>

Morningstar

Pension Finance Update, March 2024

"Pension finances enjoyed incremental improvement in March, rounding out another solid quarter. Higher stock markets outpaced higher liabilities, producing improvement in funded status of less than 1% for both model plans ... During the first quarter, Plan A improved 6% while the more conservative Plan B was up close to 2%."  MORE >>

October Three Consulting

[Opinion]

An Accident Waiting to Happen: Annuities, Spreads, and Fiduciary Liability

"The combination of caps rates, participation rates, and spreads often results in significantly lower returns than annuity owners were led to believe they would receive when an annuity were recommended as a means of earning 'guaranteed' retirement income.... [A]nnuities simply do not make sense from a fiduciary risk management perspective, especially when there is no legal obligation to offer them with a pension plan."  MORE >>

The Prudent Investment Adviser Rules

Benefits in General

[Guidance Overview]

Key Benefits Issues to Watch During the Remainder of 2024

"[1] SECURE 2.0 optional provisions & additional regulatory guidance.... [2] Prescription drug prices and state PBM legislation.... [3] Welfare plan compensation disclosure and fee litigation.... [4] Cybersecurity.... [5] Gender affirming care considerations.... [6] ACA affordability threshold."  MORE >>

Bass Berry & Sims, via JDSupra

House Subcommittee Hearing: Allowing Independent Contractors to Access Benefits

Video of April 11 hearing. Opening statement by Chair Kevin Kiley (R-CA); testimony from [1] Ms. Kristin Sharp, Flex Association; [2] Ms. Gabriella Hoffman, Independent Women"s Forum Center for Economic Opportunity; [3] Dr. Katie Wells, Georgetown University; and [4] Dr. Liya Palagashvili, Mercatus Center at George Mason University.  MORE >>

Subcommittee on Workforce Protections, Committee on Education and the Workforce, U.S. House of Representatives

Executive Compensation and Nonqualified Plans

Morgan Stanley Fights Back Against 'Clawback' Ruling

"The case centers on the wirehouse's various vesting and payout rules. At attorney for the plaintiffs says the bigger goal is to change industry perspectives on 'golden handcuffs.'... A key ruling from November 2023 determined that Morgan Stanley's deferred compensation arrangement should indeed be subject to the anti-forfeiture rules and requirements of [ERISA]. It also determined that the advisor-plaintiffs must arbitrate their 'anti-clawback' claims on an individual basis." [Shafer v. Morgan Stanley, No. 20-11047 (S.D.N.Y. Nov. 21, 2023)]   MORE >>

ThinkAdvisor

Employee Benefits Jobs

View job as Retirement Plan Administrator for 401KInABox

Retirement Plan Administrator

401KInABox

Remote / MD

View job as Retirement Plan Administrator for 401KInABox

Selected New Discussions

When an Unincorporated Partner Becomes a W-2 Employee Mid-Year

"There is both K-1 income and W-2 income for the former partner. There seems to be some gray in this area. It seems clear that the compensation for the former partner is the sum of K-1 income and W-2 income. But, how is the K-1 income calculated? Do you just take the K-1, taking into account a PROPORTIONATE share of the common law employees' contribution (let's say 6 months for sake of illustration) or use some other method?"

BenefitsLink Message Boards

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Family Office Tax Webinar: Compensation Strategies

RECORDED

McDermott Will & Emery LLP

Trends in Recordkeeper Consolidation and Due Diligence

April 11, 2024 PODCAST

Williams Mullen

Building a Better Fiduciary Process for 2024 for Retirement Plan Sponsors

April 16, 2024 WEBINAR

CAPTRUST Financial Advisors

Building and Maintaining a Compliant IRA Program

May 16, 2024 WEBINAR

Ascensus

Last Issue's Most Popular Items

401(k) Loans: A Guide for Employers

Guideline

DOL Finalizes Tighter Standards for QPAMs

Debevoise & Plimpton LLP

DOL's QPAM Amendment: What Plan Fiduciaries Need to Know

Kilpatrick Townsend

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

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