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Retirement Plans Newsletter

May 16, 2024

2 New Job Opportunities 2 New Job Opportunities

 

[Official Guidance]

Text of EBSA Interim Final Rules with Comment Request: Abandoned Plan Regs

131 pages. "This rulemaking amends the Abandoned Plan Program regulations that provide streamlined procedures for the termination of, and distribution of benefits from, individual account pension plans that have been abandoned by their sponsoring employers. The regulations, which were adopted in 2006  ... did not cover individual account pension plans whose sponsors are in liquidation under chapter 7 of the U.S. Bankruptcy Code. These interim final rules expand the regulations to cover these plans so that bankruptcy trustees may use the Abandoned Plan Program's streamlined procedures to terminate and wind them up. Other technical amendments also are being made to improve the efficiency and operation of the Abandoned Plan Program."  MORE >>

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

[Official Guidance]

Text of EBSA Amendment to PTE 2006-06, for Services Provided in Connection with the Termination of Abandoned Individual Account Plans

35 pages. "The exemption permits a 'qualified termination administrator' (QTA) of an individual account pension plan that has been abandoned by its sponsoring employer to select itself to provide services to the plan in connection with the plan's termination and pay itself fees for the services. This amendment ... permits chapter 7 trustees who elect to be QTAs to rely on the exemption. This amendment to PTE 2006-06 also permits 'eligible designees' of such chapter 7 trustees to rely on the exemption. The amendment is issued in connection with amendments to three related regulations under ERISA ... that provide streamlined procedures for the termination of, and distribution of benefits from, abandoned individual account pension plans."  MORE >>

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

[Guidance Overview]

Avoid RMD Shortfalls With These Rules on Life Expectancy

"When the RMD is an annual obligation, the Single Life Expectancy Table must be used to identify the denominator for the RMD calculation. In some cases, adjustments must be made to determine the life expectancy factor for a year. Beneficiaries must know when adjustments are required and ensure they are applied.... These rules also apply to employer plans."  MORE >>

Morningstar

California District Court Dismisses ERISA 'Fee' Complaint as Conclusory and Unsupported by Facts

"The Court ... [held] that Plaintiff failed to state a claim for imprudence because he did not plead any facts showing how the fiduciaries' process in selecting and monitoring plan investments was flawed, did not plead any facts showing that the plan's recordkeeping fees were excessive in relation to the services rendered, and did not identify any specific misrepresentations Schenker made." [Partida v. Schenker Inc., No. 22-9192 (N.D. Cal. Mar. 29, 2024)]  MORE >>

Jackson Lewis P.C.

2024 Investment Company Fact Book: A Review of Trends and Activities in the Investment Company Industry (PDF)

152 pages. Chapters: [1] Worldwide Regulated Open-End Funds; [2] U.S.-Registered Investment Companies; [3] U.S. Mutual Funds; [4] U.S. Exchange-Traded Funds; [5] U.S. Closed-End Funds; [6] U.S. Fund Expenses and Fees; [7] Characteristics of U.S. Mutual Fund Owners; [8] U.S. Retirement and Education Savings. Appendices: [A] How U.S.-Registered Investment Companies Operate; [B] Significant Events in Fund History. Also available: Data tables and Quick Facts Guide.  MORE >>

Investment Company Institute [ICI]

How to Streamline Your 401(k) Plan Audit

"Know exactly what you need to provide each year.... Enlist the help of the appropriate service provider ... [W]ork with an auditing firm that liaises directly with your service provider team ... Document everything within your plan ... [T]roubleshoot before the audit.... Know the deadlines, and engage your auditing firm well in advance.... Respond timely to your auditor's requests."  MORE >>

Cassell Plan Audits

PGIM and TIAA Rethink 4% Withdrawal Rule, Suggest Retirees Can Spend More

"Retirees can safely spend down retirement account assets at a rate higher than 4% without depleting their savings in old age by monitoring account balances regularly and making tradeoffs like converting some savings into guaranteed income ... [PGIM's] conservative, moderate and enhanced guided spending rates are approximately 4.0%, 5.0%, and 5.5%, respectively, on average.... TIAA has marketed converting portions of retirement savings into an annuity as one way retirees can boost their safe withdrawal rates[.]"  MORE >>

PLANSPONSOR; free registration may be required

Bills to Nullify DOL Retirement Security Rule Proposed in Congress

"Members of the House [H.J. Res. 143] and Senate [S.J. Res. 79] introduced companion bills under the Congressional Review Act that would nullify the [DOL's] Retirement Security Rule.... If the bill were to pass [both the House and Senate], it is all but certain to be vetoed by President Joe Biden. The legislation has been endorsed by the Insured Retirement Institute and American Securities Association."  MORE >>

PLANSPONSOR; free registration may be required

2024 Annual Report of the Social Security Board of Trustees: Key Changes and Results Under Intermediate Assumptions, Plus Myths and Facts About Social Security (PDF)

29 presentation slides. Topics include: [1] What is the legislative mandate for the Social Security Annual Report? [2] Three primary changes this year. [3] Why are we now facing OASDI Trust Fund reserve depletion in 2035, almost 30 years earlier than projected in the 1983 report, after enactment of the 1983 Amendments? Myth 1: Social Security is bankrupt, insolvent, running out of money. Myth 2: Increasing longevity and disability are the problem. Myth 3: The money in the trust funds has been spent.  MORE >>

Office of the Chief Actuary, U.S. Social Security Administration [SSA]

[Opinion]

Improving Retirement Outcomes: Demographic Considerations (PDF)

34 pages. "This policy paper discusses retirement inequities and how current retirement plan design elements and policies may inadvertently disadvantage certain cohorts of individuals.... [It] offers potential changes and actions for consideration by policymakers, think tanks, actuaries, and employers/plan sponsors to improve retirement outcomes for groups facing inadequate retirement security under common designs [and] concludes with considerations for further effort, research, and studies."  MORE >>

American Academy of Actuaries

Benefits in General

Beyond Open Enrollment: How AI Is Revolutionizing Benefits

"More companies are using AI to deliver a more intuitive and effective user experience for choosing benefits as generative AI applications become more sophisticated. However, the possibilities of AI go far beyond open enrollment to deliver an improved benefits experience year-round. ... [1] Content creation ... [2] Personalization ... [3] Data analytics ... [4] Improved efficiency ... [5] Benefits offerings and selection ... [6] Improved call centers."  MORE >>

Willis Towers Watson

Mercer CEO Brings Employers' Legislative Priorities to Capitol Hill

"Mercer CEO and President Pat Tomlinson ... focused on two legislative priorities for employers: preserving ERISA's long-standing preemption and protecting current tax incentives for employer-sponsored healthcare and retirement plans. He talked about studies that have shown that for every $1.00 of tax expenditure, multiples of that amount are paid by employers to finance health and retirement benefits. He also discussed the importance of pharmacy data transparency to employers."  MORE >>

Mercer

Employee Benefits Jobs

View job as Regional Vice President of Sales for The Retirement Plan Company

Regional Vice President of Sales

The Retirement Plan Company

Remote / AL / FL / GA / MS

View job as Regional Vice President of Sales for The Retirement Plan Company

View job as Distribution Coordinator for The Finway Group

Distribution Coordinator

The Finway Group

Remote / West Des Moines IA

View job as Distribution Coordinator for The Finway Group

Selected New Discussions

411 Accrual Limits to 415(b) Max Benefits

"A newly formed Cash Balance Plan has in the first year a 415(b) accrual limit of $275,000 x (1/10) = $27,500. In the second year the 415(b) accrual limit is $275,000 x (2/10) = $55,000 which is double (assuming no 415(b) $lim increase). Does the 133 1/3 accrual rule limit the second year accrual to 133 1/3 times the first year accrual?"

BenefitsLink Message Boards

Press Releases

CalSTRS Names Scott Chan as Chief Investment Officer

CalSTRS [California State Teachers' Retirement System]

PSCA Signature Awards: Innovation in Retirement Plan Education

PSCA [Plan Sponsor Council of America]

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Understanding Lifetime Income Products

May 16, 2024 PODCAST

Williams Mullen

Your Checklist for Pension Risk Transfer

May 29, 2024 WEBINAR

Berwyn Group

Handling Orphaned Retirement Plans

May 29, 2024 WEBINAR

TRA [The Retirement Advantage]

Last Issue's Most Popular Items

New Distribution and Withdrawal Rules Under SECURE 2.0

Fidelity

Avoid RMD Complexity with Force-Out Distributions at Normal Retirement Age

PenChecks

Text of IRS Notice 2024-42: Updated Static Mortality Tables for Defined Benefit Pension Plans for 2025 (PDF)

Internal Revenue Service [IRS]

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

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