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Retirement Plans Newsletter

May 29, 2024

3 New Job Opportunities 3 New Job Opportunities

 

[Guidance Overview]

Employers: Are Your IRS Pre-Approved Pension Plan Restatements Up-to-Date? (PDF)

"[S]tarting with the 2023 Form 5500 series, new compliance boxes require any qualified DC or DB plan that relies upon an IRS opinion letter issued to an IRS pre-approved plan to insert both the serial number and date of the latest such letter.... [T]his clearly will call to IRS's attention any plans that are relying on an out-of-date opinion letter[.]"  MORE >>

Skapars & Associates

[Sponsor]

Register Now: ERISA at 50 -- Where Employee Benefits Law is Headed

Join WEB Network's webinar on June 20: panelists J. Mark Iwry, Israel Goldowitz, Carol Buckmann, and Jeff Mamorsky will discuss why and how ERISA was adopted, the growth of employee protections over the years, and how ERISA might be further expanded.

Sponsored by WEB Network

[Guidance Overview]

Proposed Retirement Savings Lost and Found Database Reporting: Considerations for Plan Sponsors

"Even though the proposed program is voluntary, this might change.... [A] voluntary filing may promote head count reduction and [PBGC] savings in the long term.... Gathering and submitting the database information is expected to take significant internal resources and costs ... Data privacy laws and contractual provisions may come into play related to the sharing of participant data ... Cybersecurity and fraud concerns also need to be considered."  MORE >>

Willis Towers Watson

[Guidance Overview]

Retirement Plan Sponsors and Fiduciaries Need to Know about the SEC Cybersecurity Amendments

"When assessing the cybersecurity of a retirement plan service provider that is a financial institution, plan fiduciaries may want to be aware of these requirements as part of their assessment process. For example, the changes to the SEC requirements for incident reporting may be useful to retirement plan sponsors as they consider their own incident response plans, should a data breach experienced by a 401(k) plan involve the data of their current and former employees."  MORE >>

Jackson Lewis

[Guidance Overview]

The New Fiduciary Rule, Part 34: The 'Hire Me' Exception

"In the preamble to the fiduciary regulation, the DOL discusses 'hire me' as follows: 'An investment advice provider can recommend that a retirement investor enter into an advisory relationship with the provider without acting as a fiduciary.' ... However, the DOL goes on to admonish that there is a limit. 'Hire me' only covers touting one's services; it does not cover any recommendations of others or of products that may come up in hire me conversations[.]"  MORE >>

FredReish.com

Second Circuit Rules ERISA Confers Federal Jurisdiction on Petition to Confirm Arbitration Award

"The court noted that 'the arbitration agreement that the Trustees seek to enforce is not some separate instrument governed by an entirely different body of state contract law, but rather is an integral part of the documents governing the Plan and is governed by ERISA.' ... The Second Circuit also observed that ERISA has an expansive preemption clause and thus it 'preempts state law as to the enforcement of arbitration agreements between core ERISA entities contained within plan documents or terms.' " [The Trustees of the N.Y. St. Nurses Ass'n Pension Plan v. White Oak Global Advisors, LLC, No. 22-1783 (2d Cir. May 21, 2024)]  MORE >>

Kantor & Kantor

Opportunities for 401(k) Plan Sponsors to Improve Plan Efficiency and Effectiveness

"[1] Auto-everything ... [2] Reconsider the appropriateness of a default lifetime income option ... [3] Add an Emergency Savings Option ... [4] Periodic value audit ... [5] Get more value from plan service providers ... [6] Avoid conflict-of-interest fees ... [7] Focus on data."  MORE >>

Fiduciary News; free registration required

Best Practices for Multiemployer Retirement Plan Death Audits

"A death audit policy should be written clearly and specific to the needs of the multiemployer plan.... [I]nclude a process for collecting data on not only those currently in 'pay status' who are receiving benefits but also their beneficiaries as well as active participants, terminated vested participants and anyone who could have a future benefit, ... A number of services are available for purchase to assist with participant verification.... An ongoing audit of plan records will ensure that the right participants and beneficiaries continue to receive the benefits they are due while helping the plan avoid overpayments."  MORE >>

International Foundation of Employee Benefit Plans [IFEBP]

Retirement Planning Timeline for Older Americans

"Age 50: Begin making catch-up contributions ... Age 59½: No more tax penalties on early withdrawals from employer-provided retirement savings plans ... Age 62: Earliest age to collect Social Security retirement benefits ... Age 65: Sign up for Medicare and Medicare Part D. Age 66-67: Start receiving Social Security full benefits, depending on your birth year. Age 67-70: Earn Social Security Delayed Retirement Credits which increase monthly benefits ... Age 73: Start taking minimum withdrawals from most retirement accounts[.]"  MORE >>

Lisa M. Gomez, Assistant Secretary of the Employee Benefits Security Administration [EBSA]

Retirees Eye Temp Work to Meet Living Costs

"Almost one-third of retirees in the United States are considering taking on temporary work to help cover costs ... [O]ne-fifth of those polled (20%) have already returned to work, and 42% of working seniors who have never retired said they're considering picking up additional temporary work on top of their regular jobs.... 71.6% said it was due to the increased cost of living, and 20% said it was due to insufficient savings."  MORE >>

401(k) Specialist

[Opinion]

Gaps in the DOL's Case for Its New Fiduciary Regs

"The [DOL] relied partly on a Morningstar forecast that reducing conflicts of interest could help retirement savers avoid about $32.5 billion in non-variable indexed annuity costs over 10 years ...  But Morningstar has no way to gauge whether that predicted impact is big or small relative to the size of the non-variable indexed annuity market. Morningstar, in effect, provided a numerator for a fraction without being able to provide even a ballpark estimate for what the denominator might look like."  MORE >>

ThinkAdvisor

Benefits in General

[Official Guidance]

IRS Disaster Relief Notice TX-2024-13, for Taxpayers Impacted by Severe Storms, Straight-Line Winds, Tornadoes and Flooding in Texas

"[I]ndividuals and businesses in Texas that were affected by severe storms, straight-line winds, tornadoes and flooding that began on April 26, 2024 ... now have until Nov.1, 2024, to file various federal individual and business tax returns and make tax payments.... [I]ndividuals and households that reside or have a business in: Calhoun, Collin, Cooke, Denton, Eastland, Guadalupe, Hardin, Harris, Jasper, Jones, Lamar, Liberty, Montague, Montgomery, Polk, San Jacinto, Trinity, Walker and Waller counties qualify for tax relief."  MORE >>

Internal Revenue Service [IRS]

Dos and Don’ts for ERISA Document Requests

"[1] Don't ignore it.... [2] Do ask for help.... [3] Don't overshare.... [4] Do reflect and correct."  MORE >>

Arthur J. Gallagher & Co.

Executive Compensation and Nonqualified Plans

The Impressive Rise of Climate Goals in Executive Compensation

"The use of environmental measures in incentives has increased to 61% globally ... [In] the U.S., 52% of large-cap companies now use environmental incentive measures, up significantly from 34% in 2022 and 8% in 2021."  MORE >>

Farient Advisors

Employee Benefits Jobs

View job as Defined Benefit Combo Cash Balance Compliance Consultant for Loren D.  Stark Company (LDSCO)

Defined Benefit Combo Cash Balance Compliance Consultant

Loren D. Stark Company (LDSCO)

Remote

View job as Defined Benefit Combo Cash Balance Compliance Consultant for Loren D.  Stark Company (LDSCO)

View job as Senior Defined Benefit Consultant  for Loren D. Stark Company (LDSCO)

Senior Defined Benefit Consultant

Loren D. Stark Company (LDSCO)

Remote

View job as Senior Defined Benefit Consultant  for Loren D. Stark Company (LDSCO)

View job as Retirement Plan Investment Advisor for EPIC RPS

Retirement Plan Investment Advisor

EPIC RPS

IL / WI

View job as Retirement Plan Investment Advisor for EPIC RPS

Selected New Discussions

Employee Never Submitted Deferral Form, But Thought They Were Participating -- for 3 Years

"An employee thought they were participating in the plan, thought deferrals were being taken and thought they were getting the 5% match. This employee did notice that nothing was being taken from their check.... didn't see the deferral on the W2.. and is still crying foul. Paperwork was provided to her be she never completed and returned it. The employer is willing to make her whole in some way. What is the best way to handle this?"

BenefitsLink Message Boards

ESOP Stock Evaluations Vs Other Shareholder Market Value

"Preface by saying the company is a small S Corp. In recent years the evaluation of our company ESOP shares versus what the board sets as a price for all other shareholders has grown substantially different, with ESOP market value being now 20% less than what other shareholders value is. Is this common within privately traded company's with an ESOP."

BenefitsLink Message Boards

Death Benefit to Minor Children

"Participant dies with no spouse. He does have minor children. The Plan document (FIS prototype) provides the order of payout. Since no spouse, the payments will go to the children. The Plan Trustee reached out to the parents of the deceased participant assuming that they would be the legal guardians. The Parents will not respond to the Trustee. At this point the Trustee wants to send the death benefit to the state's (Ohio) unclaimed funds. We cautioned the Trustee that this was not the appropriate action to take. The Trustee is totally fed up with the situation and is asking what he can do. Does anyone know if there is an agency that can be contacted to obtain information on the legal guardian of the deceased Participant's children. At least this would confirm who the Trustee needs to contact in order to pay out the death benefits. Any other suggestions would be greatly appreciated."

BenefitsLink Message Boards

Press Releases

The Hartford Introduces New Mental Health Resource For Its Group Benefits Customers In The Health Care Industry

The Hartford

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Greater and Better Participation in Retirement Plans: Navigating Complexity Around the World

May 29, 2024 WEBINAR

WTW

37th Annual Employee Benefits Conference

June 4, 2024 in OH

Cincinnati Bar Association

Last Issue's Most Popular Items

Qualcomm Is First Employer Ordered to Defend Use of 401(k) Plan Forfeitures

Bloomberg Law; subscription required

DOL's Auto-Portability Proposal Raises Issues for Participating Employers

Mercer

Are Employers Optimizing Their 401(k) Match? (PDF)

Vanguard

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

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