Get This Daily Newsletter by Email

BenefitsLink.com logo
EmployeeBenefitsJobs.com logo

Trusted Since 1995

Retirement Plans Newsletter

April 15, 2024

New Job Opportunity Today New Job Opportunity Today

 

[Official Guidance]

Text of DOL Comment Request on Proposed Collection of Data for Retirement Savings Lost and Found

"This notice requests public comment on the Department's proposed collection of information from plan administrators of retirement plans subject to ERISA for the purpose of establishing the Retirement Savings Lost and Found online searchable database to reunite workers with retirement benefits earned over their working lives and to help the Department assist them in that effort."  MORE >>

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

[Guidance Overview]

DOL Finalizes Amendments to the QPAM Exemption Under ERISA

"The final amendments confirm the DOL's desire to limit the use of so-called 'rent a QPAM' arrangements, where a QPAM is provisionally hired to evaluate a proposed transaction for an ERISA Client involving a 'party in interest.' ... [T]he DOL's amendments make clear that [1] the QPAM Exemption is available only for the investment activities of ERISA Clients that are actually negotiated (rather than merely 'approved') by the QPAM and [2] the QPAM Exemption is not available for transactions that are planned, negotiated or initiated by parties in interest to ERISA Clients."  MORE >>

Paul, Weiss, Rifkind, Wharton & Garrison LLP

ERISA Lawsuit Against Two Boston College 401(k) Plans Can Go to Trial

"[The district court judge ruled] that allegations by current and former participants of two 401(k) plans about excessive record-keeping fees and poor-performing investments could proceed.... The judge complained that the legal process took too long -- 21 months from the initial complaint to his ruling. 'This entire summary judgment exercise has been a monumental waste of time,' he wrote. The Boston College case 'would have benefitted everyone from a direct march to trial.' " [Sellers v. Trustees of Boston College, No. 22-10912 (D. Mass Apr. 11, 2024)]  MORE >>

Pensions & Investments

Record Keepers Turning to Smaller Plans to Fuel Growth After Big 2023

"Consultants and researchers acknowledged the markets' impact last year boosted assets under administration, but they said record keepers will need more consistent sources of future growth. They predict more consolidation among record keepers, more educating sponsors to adopt auto enrollment, greater emphasis on keeping participants' assets in plans and accelerated efforts in pursuing startup and smaller DC plans."  MORE >>

Pensions & Investments

Wave of Annuities in TDFs: 'It's Complicated' Says Morningstar

"[N]ew Morningstar research takes a deep dive into the new wave of target-date strategies trying to make the transition from saving to spending easier by including annuities as part of their glide path.... For investors who plan to annuitize some of their assets, this package deal eliminates having to sort through myriad complicated options. Providers choose the type of annuity, which varies by series, and do the due diligence on insurance companies."  MORE >>

401(k) Specialist

Corporate Pension Plans Hit Highest Funding Levels in Decades

"Strong equity returns in March and throughout the first quarter of the year contributed to pension surpluses. Strategists are recommending corporate pension sponsors consider making liability-matching allocations to maintain funding levels when anticipated rate cuts materialize later this year."  MORE >>

PLANSPONSOR; free registration may be required

Annuity Purchase Update, April 2024

"The average annuity purchase interest rates in April have remained consistent with the ongoing trend, with the average duration 7 rate at 4.80% and the average duration 15 rate at 4.74%, making it an opportune time to purchase annuities."  MORE >>

October Three Consulting

PBGC Approves $279.5 Million in SFA for UFCW Local 152 Plan

"[PBGC] has approved the application submitted by the United Food and Commercial Workers Union Local 152 Retail Meat Pension Plan. The plan, based in Mount Laurel, New Jersey, covers 10,252 participants in the service industry.... The plan was projected to become insolvent and run out of money in 2029."  MORE >>

Pension Benefit Guaranty Corporation [PBGC]

PBGC Approves $7.5 Million in SFA for Local 73 Plan

"[PBGC] has approved the application submitted ... by the Teamsters Union Local No. 73 Pension Plan. The plan, based in Valley View, Ohio, covers 529 participants in the transportation industry.... The plan was projected to become insolvent and run out of money in 2038."  MORE >>

Pension Benefit Guaranty Corporation [PBGC]

[Opinion]

'The 401(k) Industry Owns Congress': How Lawmakers Quietly Passed a $300 Billion Windfall to the Wealthy

"SECURE 2.0 and its predecessor bills have expanded the system well beyond its goal of helping the middle class. Today, wealthy taxpayers can protect up to $452,500 per year in tax-advantaged accounts in a single year, saving up to $203,600 on their taxes.... [T]op retirement industry lobbying groups have increased their PAC spending to lawmakers between six to eight times since the early 2000s, with the PACs and executives of member companies of one industry juggernaut providing $98.6 million to lawmakers in the 2022 election cycle leading up to SECURE 2.0."  MORE >>

Politico

[Opinion]

A Popular Benchmark for Excessive Fee Cases Makes a Big Change

"In its new 2024 24th edition of the small-plan recordkeeping fee survey, the 401k Averages Book changed how it documents the recordkeeping fee for smaller plans by including indirect, asset-based recordkeeping fees from investments in the fee benchmark. This should eliminate the deceptive claims used in many excessive fee lawsuits that mispresent the 401k Averages Book benchmarks by excluding the substantial indirect fees paid by smaller plans."  MORE >>

Encore Fiduciary

[Opinion]

'Safe' Annuity Retirement Products and a Possible U.S. Retirement Crisis

"To invest in annuities one must look the other way at one of most basic investment principals -- diversification ... Excessive monopolistic profits through secret spread fees have remained hidden with no U.S. Federal regulation or oversight.... This paper shows the drawbacks, weaknesses, and pitfalls of annuities as investments for retirement plans as well as the injustices of such plans toward lower income workers."  MORE >>

Thomas E. Lambert and Christopher B. Tobe, via SSRN

Benefits in General

What Is the Future of Monetary Relief under ERISA Section 502(a)(3)?

"The Fourth Circuit's decision in Rose is significant. The opinion contains one of the most detailed analyses of the types of relief that were typically available in equity courts of any circuit or district court decision since Mertens. It is certainly the most detailed analysis since Montanile.... Ultimately, Rose provides a strong basis for pushing back on claims for monetary relief that do not include situations where there is an identifiable fund." [Rose v. PSA Airlines, Inc., No. 21-2207 (4th Cir. Sep. 11, 2023; cert. pet. denied Apr. 15, 2024)]  MORE >>

Ogletree Deakins, for DRI [Defense Research Institute], via JDSupra

Employee Benefits Jobs

View job as Defined Contribution Retirement Plan Senior Administrator for First American Bank

Defined Contribution Retirement Plan Senior Administrator

First American Bank

Elk Grove Village IL / Hybrid

View job as Defined Contribution Retirement Plan Senior Administrator for First American Bank

Selected New Discussions

SECURE 2.0 Auto Enrollment EACA Requirement Starting 2025

"Section 101 modifies IRC 414 with the new 414A requirement. Specifically regarding paragraph (b)(3)(A)(ii), does the language require that the participant must make a new election each year, or if they make an election other than the auto enrollment percentage in 2025, does that election carry forward, if the plan so provides, until such time as the participants makes a new election? I believe it is the latter, but I'm not 100% certain."

BenefitsLink Message Boards

Last Issue's Most Popular Items

'Prohibited Transaction' Cases Head to the Supreme Court

Miller & Chevalier

403(b) Universal Availability Requirement and Exclusions for Student-Employees and Part-Time Employees

Bricker Graydon

District Court Allows Lawsuit to Proceed Against 401(k) Plan Fiduciaries Alleged to Have 'Hand in the Cookie Jar' (PDF)

Thomson Reuters / EBIA

Unsubscribe  |   Change Email Address

Search Past Issues   |   Privacy Policy

Submit an Article   |   Contact Us   |   Advertise Here

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.

Links to web sites other than BenefitsLink.com and EmployeeBenefitsJobs.com are offered as a service to our readers. We are not involved in their production and are not responsible for their content.