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Retirement Plans Newsletter

June 17, 2024

New Job Opportunity Today New Job Opportunity Today

 

[Guidance Overview]

Treasury Issues Request for Information on Uses of AI in the Financial Services Sector (PDF)

"The RFI seeks input from various stakeholders to improve the Treasury's understanding of AI and consider potential legislative and regulatory enhancements.... Financial institutions should consider sharing examples of AI applications within their operations.... Financial institutions, especially smaller ones, should consider communicating any challenges or barriers to access they face in accessing AI technologies.... Financial institutions should consider commenting on the efficacy of applying scenario analyses to monitor for AI-related risks,"  MORE >>

Wilmer Hale

[Guidance Overview]

DOL and IRS Provide Coordinated Guidance on PLESAs

"PLESAs present a number of administrative challenges, and SECURE 2.0 left unanswered questions that have caused many to hesitate to adopt.... The DOL's guidance focuses on clarifying and interpreting the various PLESA requirements outlined in SECURE 2.0, while the IRS's guidance focuses solely on the design elements that plan sponsors can utilize to prevent participants from abusing the PLESA feature as a way to get employer match and immediately withdraw deferrals."  MORE >>

Morgan Lewis

Fiduciary Rule Resistance: More Litigation; Congressional Review Act Resolution Introduced

"[This article reviews] developments in opposition to DOL's recently finalized amendment to the ERISA advice fiduciary regulation: the filing of a second lawsuit challenging the new regulation; the Chamber of Commerce's amicus brief in the first lawsuit ... and the introduction in the Senate of a Congressional Review Act resolution disapproving DOL's regulation."  MORE >>

October Three Consulting

401(k) RFP Template: Evaluating 401(k) Plan Providers

"This template includes the questions you need to ask, as well as editable fields for the provider to write their answers, so all you need to do is send it to the provider and then wait for the responses to roll in."  MORE >>

ForUsAll

401(k) Matches on Student Loan Payments Gain Foothold

"Roughly 100 clients of Fidelity Investments are rolling out expanded benefits to help employees struggling to pay down debts and save for retirement.  ... Employee demand for student-loan support has been growing and can give employers a leg up in recruitment,... But overall, about 64% of companies don't plan to roll out an expanded 401(k) match, citing costs as a major reason."  MORE >>

WealthManagement.com

Industry Advocates Defend the 401(k)

"The 401(k) is under attack on multiple fronts, with a range of scholars, economists, politicians and media lobbing criticisms at the private workplace retirement plan market.... [T]he attacks have put the 401(k) industry on the defensive, forcing many industry advocates and stakeholders ... to speak out to counter what are seen as flaws in the logic or misinterpretations of data of various criticisms and proposals targeting 401(k)s."  MORE >>

401(k) Specialist

Modeling the Impact of Inflation on Retirement Savings Portfolios (PDF)

34 pages "The primary purpose of this paper is to demonstrate, through a basic stochastic projection model, how inflation might impact savings and investing for retirement.  ... [T]he objective is not to gauge what the most advantageous investment strategies are. Rather, it is to illustrate how inflation acts as a component in the results of these strategies."  MORE >>

Society of Actuaries

Hybrid Annuity TDFs Can Be Ideal for Specific Investors

"Vanguard's research found that hybrid annuity TDFs could deliver higher investment value for retirees across all three types of annuities, dependent on factors including design, timing, the amount, and the kind of annuity used.... [T]he overall improvement in value to investors ranged from 0.24% for an SPIA to 0.48% for a QLAC."  MORE >>

401(k) Specialist

Navigating the Fragmented Market of Financial Well-Being Benefits

"[T]he need for employers to build and refine impactful financial well-being programs presents a dual challenge. On one side, there is significant marketplace innovation and offerings developed and marketed by the vendors specifically targeting employers and the financial well-being of their employees. On the other hand, it is increasingly difficult for employers to navigate this growing array of choices and find the right fit for their needs."  MORE >>

Brown & Brown, Inc.

Retirement Plan Advisers Put AI to Work

"Retirement plan advisers generally view AI as a way to increase their productivity and become better communicators and not as a threat to their future livelihood.... 'It can be used to synthesize huge amounts of data in an incredibly short amount of time,' [one adviser] said.... 'AI is a wonderful communicator,' said [another]. 'It is not a great calculator.' "  MORE >>

Pensions & Investments

[Opinion]

ERISA at 50: The Development of New Rights and Protections and Where ERISA Has Fallen Short

"Major ERISA reforms: [1] New vesting and accrual requirements ... [2] New fiduciary responsibilities ... [3] A national pension insurance program- ... ERISA was fine-tuned and amended during the succeeding years ... [1] Spousal protections- ... [2] The Multiemployer Pension Plan Amendments Act ... [3] Fiduciary breach litigation explodes ... [A]reas where ERISA has fallen short: [1] Too many uncovered employees.... [2] The multiemployer plan challenge.... [3] The loss of defined benefit plans."  MORE >>

Cohen & Buckmann, P.C.

Executive Compensation and Nonqualified Plans

Supreme Court Sides with IRS in Stock Redemption Agreement Case

"While Connelly held that a stock redemption obligation is not a liability that offsets life insurance proceeds in an estate tax analysis, careful planning and the use of alternative buy-sell arrangements (e.g., cross-purchase agreements or life insurance LLCs) may significantly reduce estate tax exposure." [Connelly v. IRS, No. 23-146 (S. Ct. Jun. 6, 2024)]  MORE >>

Stradley Ronon

Employee Benefits Jobs

View job as Retirement Plan Administrator for The Finway Group

Retirement Plan Administrator

The Finway Group

Remote / West Des Moines IA

View job as Retirement Plan Administrator for The Finway Group

Selected New Discussions

In-Service Distribution with an Outstanding Loan

"I'm getting push back from an employer who doesn't want to allow an in-service distribution for a participant with an outstanding loan, since the distribution will make it so the loan is more than 50% of the current account balance. Is there anything in the regs that would allow it? I know there isn't an issue, I just need something to show the client."

BenefitsLink Message Boards

Anticipated QDRO During Plan Termination

"401(k) PSP. Plan is in termination and we are in the process of paying out all accounts. Participant notified us today that he's had a divorce pending for 2 years and they are waiting on judge to approve divorce settlement. Participant indicates that ex will be receiving a portion of his 401(k) and will not sign the rollover consent. Plan requires spousal consent for rollover. Any suggestions on how to proceed?"

BenefitsLink Message Boards

Correcting for Missing Cycle 3 Restatement

"Have a new take-over client with a PPA pre-approved VS document effective 1/1/21.... The plan sponsor also indicates that he never received a Cycle 3 restatement from the prior TPA. I'm not surprised since I don't know why the TPA would have used a PPA document for the initial adoption back in December 2021. Anyway, we are to provide a Cycle 3 document to correct. The IRS guidance for late amenders is to treat the plan as individually designed and adopt an amendment for the missing provisions; then restate onto a Cycle 3 document. Does anyone know of an amendment template that would pick up the required provisions since PPA to the present? The document provider I use did publish an amendment for the final Hardship Distribution regulations, as well as CARES/SECURE. What more would have to be added?"

BenefitsLink Message Boards

Press Releases

Maynard Nexsen Earns High Distinctions in Chambers 2024

Maynard Nexsen

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

2024 Retirement Confidence Survey: Results and Insights

June 25, 2024 WEBINAR

EBRI [Employee Benefit Research Institute]

Last Issue's Most Popular Items

Use of Plan Forfeitures Is Not the Slam Dunk It Used to Be

Jackson Lewis P.C.

AI in the Workplace: Crafting Policies for Employees' Use of Generative AI

HR Daily Advisor

Anticipating and Overcoming Retirement Plan Disclosure Challenges

Morgan Lewis, via Bloomberg Law

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

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