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Retirement Plans Newsletter

June 10, 2024

3 New Job Opportunities 3 New Job Opportunities

 

[Official Guidance]

Text of Treasury Department Request for Information on Uses, Opportunities, and Risks of Artificial Intelligence in the Financial Services Sector

"Treasury is interested in gathering information from a broad set of stakeholders in the financial services ecosystem, including those providing, facilitating, and receiving financial products and services, as well as consumer and small business advocates, academics, nonprofits, and others.... Through this RFI, Treasury seeks to increase its understanding of how AI is being used within the financial services sector and the opportunities and risks presented by developments and applications of AI within the sector ... Treasury is interested in gaining insights into the uses of AI by financial institutions, including but not limited to ... [1] Provision of products and services ... [2] Risk management ... [3] Capital markets ... [4] Internal operations ... [5] Customer service ... [6] Regulatory compliance ... [7] Marketing."  MORE >>

U.S. Treasury Department

AT&T Files Motion to Dismiss Lawsuits Related to Athene Deal

"[AT&T] stated in the motion ... that [ERISA] protects the ability of defined benefit pension plan sponsors ... to annuitize pension risk. In addition, the firm argued that the decision to purchase an annuity is a 'settlor decision' that is 'unassailable under ERISA's fiduciary requirements.' ... SSGA -- an independent, financial institution with expertise in PRTs -- was specifically hired for the purpose of selecting an annuity provider, and AT&T argued that it is not subject to fiduciary liability for a decision it did not make." [Piercy v. AT&T Inc., No. 24-10608 (D. Mass. motion to dismiss filed Jun. 5, 2024)]  MORE >>

planadviser

DOL Weighs in on Arbitration, ERISA Litigation Precedents

"The [DOL] said in its supplemental brief that the Sixth Circuit panel should join the Second, Third, Tenth and Seventh circuits in denying the motion to compel individual arbitration of a proposed ERISA class action -- and in its supplemental briefing took pains to point out what it saw as shortcomings in the arguments of the dissenting opinion in that case that supported arbitration." [Parker v. Tenneco Inc., No. 23-10816 (E.D. Mich. Aug. 21, 2023; on appeal to 6th Cir. No. 23-1857)]  MORE >>

American Retirement Association [ARA]

TIAA Retirement Suit Foreshadows Future 401(k) Litigation (PDF)

"[The judge] said TIAA could be held liable as a knowing participant in the fiduciary breaches of its clients that sponsor the plans for their employees, even though the employers themselves aren't defendants in the suit.... TIAA's cross-selling -- a common industry practice -- would likely qualify as rollover advice subject to fiduciary restrictions[.]" [Carfora v. TIAA, No. 21-8384 (S.D.N.Y. May 31, 2024)]  MORE >>

The Wagner Law Group

Optimizing Your DB Plan: Steps to Ameliorate Risk and Make Your Plan Run More Efficiently

"[1] Conduct regular death audits ... [2] Make sure your data is clean and ready ... [3] Considering pension risk transfer ... [4] Reduce liability with a lump-sum window ... [5] Modernize your plan design ... [6] Streamline plan administration with technology ... [7] Make sure participants understand the plan and love it."  MORE >>

October Three Consulting

ERISA Bond: What Is It and Do I Need One?

"[T]he ERISA Bond protects plan participants while fiduciary insurance protects plan fiduciaries.... [E]every person who 'handles funds or other property' of an employee benefit plan is required to be bonded unless covered by an ERISA exemption.... A person is deemed to be 'handling' funds or other property of a plan whenever his or her duties or activities could cause a loss of plan funds or property due to fraud or dishonesty[.]"  MORE >>

Legacy Retirement Solutions

$1 Million Will Only Last 12 Years in Retirement in California

"If you live in California, chances are you're going to need much more than $1 million -- and possibly even more than $1.9 million -- to retire comfortably.... High overall cost of living ... Years in retirement ... Higher taxes ... Long-term care costs ... Lifestyle choices ... Inflation."  MORE >>

Motley Fool

Bridging the Generational Divide in an Aging Workforce

"The number of younger workers age 16 to 24 has been declining for more than 10 years ... while the number of people 55 and older retiring has risen from about 80 million a year in 2011 to nearly 100 million in 2021, as baby boomers shuffle off in record numbers.... Fewer people means fewer new workers to replace those who retire[.]"  MORE >>

Crain's Cleveland Business

Benefits in General

[Official Guidance]

IRS Disaster Relief Notice WV-2024-03, for Taxpayers in West Virginia

"[I]ndividuals and businesses in West Virginia that were affected by severe storms, straight-line winds, tornadoes, flooding, landslides, and mudslides that began on April 2, 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 Boone, Brooke, Cabell, Fayette, Hancock, Kanawha, Lincoln, Marshall, Nicholas, Ohio, Preston, Putnam, Tyler, Wayne and Wetzel counties qualify for tax relief."  MORE >>

Internal Revenue Service [IRS]

[Official Guidance]

IRS Disaster Relief Announcement KY-2024-02, for Taxpayers in Kentucky

"[I]ndividuals and businesses in Kentucky that were affected by severe storms, straight-line winds, tornadoes, landslides, and mudslides that began on April 2, 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 Boyd, Carter, Fayette, Greenup, Henry, Jefferson, Jessamine, Mason, Oldham, Union, and Whitley counties qualify for tax relief."  MORE >>

Internal Revenue Service [IRS]

Executive Compensation and Nonqualified Plans

Supreme Court Holds Insurance Proceeds Increase Corporation's Estate Tax Value

"[The Court held] that life insurance proceeds a corporation received to fund a share redemption agreement increased the corporation's estate tax value, and the corporation's obligation to redeem the shares was not a liability that decreased the corporation's value ... Thus, after the death of a shareholder, the value of that person's shares must reflect the corporation's fair market value, including insurance proceeds meant to fund a share redemption[.]" [Connelly v. IRS, No. 23-146 (S. Ct. Jun. 6, 2024)]  MORE >>

Journal of Accountancy

Supreme Court's Connelly Decision Could Impact Buy-Sell Agreements

"[The Court] noted that the parties could have avoided this increase to the fair market value of the company via a so-called cross-purchase buy-sell. In this structure, it is the shareholders who have the obligation to purchase the shares of the deceased and each shareholder must obtain a policy on the other shareholder(s) to fund that purchase." [Connelly v. IRS, No. 23-146 (S. Ct. Jun. 6, 2024)]  MORE >>

InsuranceNewsNet.com

Employee Benefits Jobs

View job as Client Service Manager - Retirement for GuideStone Financial Resources

Client Service Manager - Retirement

GuideStone Financial Resources

Dallas TX / Hybrid

View job as Client Service Manager - Retirement for GuideStone Financial Resources

View job as Retirement Plan Consultant for Definiti

Retirement Plan Consultant

Definiti

Remote

View job as Retirement Plan Consultant for Definiti

View job as Retirement Plan Conversion - Fund Change for SS&C Technologies

Retirement Plan Conversion - Fund Change

SS&C Technologies

Quincy MA / Kansas City MO / Dublin OH / Hybrid

View job as Retirement Plan Conversion - Fund Change for SS&C Technologies

Selected New Discussions

Is This a Prohibited Transaction?

"Joe owns 100% of company A, which sponsors a DB plan -- he is the only employee. Joe also owns 79% of company B and the other 21% is held by Bob. Joe is the only employee of company B. A and B are not part of either a controlled group or an ASG. Is Bob permitted to borrow from the DB plan sponsored by company A?"

BenefitsLink Message Boards

Press Releases

Blue Ridge Associates Acquires TSC 401(k)

Blue Ridge Associates

ShareBuilder 401(k) Offers Free Set-Up on Solo 401(k) Plans from June 10 to July 1

Sharebuilder 401k

Last Issue's Most Popular Items

Cycle 4 Submissions Open for Preapproved Qualified DC Plans

Mercer

Why Are Employees Not Participating in Their 401(k) Plans?

Principal Financial Group

District Court Denies Motion to Dismiss Forfeiture Complaint

The Wagner Law Group

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

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