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Retirement Plans Newsletter

June 19, 2024

2 New Job Opportunities 2 New Job Opportunities

 

[Guidance Overview]

IRS Employee Plans News: June 18, 2024 (PDF)

Topics: [1] File 2023 Form 5500-EZ electronically using EFAST2; [2] Plans retroactively adopted after the end of the plan year; and [3] Forms 4461 and 4461-B electronic submission.  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

Chapter 7 Bankruptcy Trustees Can Now Use the Abandoned Plan Program

"The Chapter 7 bankruptcy trustee's duties are generally the same as the [Qualified Termination Administrator (QTA)], but [there] are a few differences.... There are options for the distribution of benefits from an abandoned plan, but a determination needs to be made as to whether the plan's sponsor is in Chapter 7 bankruptcy and subject to the new special rules or whether the general abandoned plan rules apply."  MORE >>

Retirement Learning Center, LLC

[Guidance Overview]

Exceptional Usefulness and Quality icon The DOL's 2024 Final Rule on Investment Advice in Private Sector Pension Plans and Individual Retirement Accounts (PDF)

31 pages. "On April 25, 2024, the [DOL] adopted a final rule (2024 final rule) that updates the definition of investment advice within employer-sponsored private sector pension plans and [IRAs].... [U]pdating the definition of investment advice to include recommendations that are not currently considered investment advice might increase the number of individuals held to this higher standard." [R48108 Jun. 18, 2024]  MORE >>

Congressional Research Service [CRS]

[Guidance Overview]

The New Fiduciary Rule, Part 36: Confusion About Annual Retrospective Reviews

"When the requirement to conduct an annual retrospective review and to document it in a written report is effective on September 23, 2025, what period must be reviewed: all of 2024; all of 2025; both 2024 and 2025; September 23, 2024 to September 22, 2025; or September 23, 2025 and forward?"  MORE >>

FredReish.com

Notes from Meeting of Actuaries 'Intersector Group' with Treasury and IRS, April 2024 (PDF)

14 pages. Topics include: [1] SECURE 2.0 Cash Balance Guidance (Notice 2024-2, Section H); [2] Related cash balance topics; [3] Funding method changes; [4] 415 limits; [5] Late retirement actuarial equivalence; [6] Closed Plan guidance; [7] Long-term part-time employees; [8] Signature Protocols; [9] IRS Guidance Protocols/Administrative Procedures Act; [10] 417(e) mortality assumption; [11] IRC section 431(b)(7)(G) and an amendment to reinstate suspended benefits for a plan that received special financial assistance.  MORE >>

American Academy of Actuaries, Conference of Consulting Actuaries, Society of Actuaries, and ASPPA College of Pension Actuaries [ACOPA]

Notes from Meeting of Actuaries 'Intersector Group' with PBGC, April 2024 (PDF)

7 pages. Topics include: [1] ERISA Section 4044 Assumptions; [2] Special Financial Assistance (SFA) Topics: Death audits and potential repayment of assistance for plans that already received SFA, PBGC capacity to review SFA applications for all eligible plans, and calculation of withdrawal liability following a merger.  MORE >>

American Academy of Actuaries, Conference of Consulting Actuaries, Society of Actuaries, and ASPPA College of Pension Actuaries [ACOPA]

Updates and Best Practices Regarding Form 5500 Filings for Single-Employer Defined Contribution Plans

"The Schedule H has always required reporting of administrative expenses; however, the reporting was limited ... Beginning with the filing for the 2023 plan year, the category of 'professional fees' has been eliminated, but reporting on ... additional categories is required ... The DOL routinely uses information from Forms 5500 to identify potential violations. The DOL is currently focused on the reporting of late contributions.... [P]lan fiduciaries should not rely solely on outside parties to complete Forms 5500 on their own."  MORE >>

Thompson Hine

Exceptional Usefulness and Quality icon Breaking Up Is Hard to Do: Exiting a Retirement Plan MEP or PEP

"In most cases, the entity desiring to leave [a Corporate or Trade Association MEP] will need to both cease participation in the existing MEP and establish a new plan so that there is not an overlap in coverage between the two plans.... The mechanics of leaving a PEO MEP or a PEP are about the same ... but there are some additional considerations ... Exiting a PEO MEP (or a PEP) subject to ADP/ACP testing ... Deferral and investment elections and beneficiary designations."  MORE >>

Newfront

Why Market Return Cash Balance Plans Are the Future of Retirement

"[M]arket return cash balance plans ... create guaranteed lifetime income for employees while maintaining a stable and cost-efficient path for employers to invest in employee retirement.... At the core of a market return cash balance plan are the four pillars of modern retirement program design: increased efficiency, better employee appreciation, improved workforce management and financial risk management."  MORE >>

October Three Consulting

Competitive Pension Risk Transfer Cost Inches Down in May

"During May, the estimated cost to transfer retiree pension risk to an insurer in a competitive bidding process decreased slightly, from 100.9% of a plan's accounting liabilities (accumulated benefit obligation, or ABO) to 100.7% of those liabilities.... During the same time period, the average annuity purchase cost across all insurers ... also decreased, from 103.3% to 103.2%."  MORE >>

Milliman

Common Errors to Fix in Your IRA Before the IRS Flags Them

"Form 5498 provides the basis for auditing such IRA activities and helps you to identify and fix related errors before the IRS flags them.... [1] Do you have the right type of IRA? ... [2] Is your Roth IRA conversion total correct? ... [3] Is your 'rollover contributions' total correct? ... [4] Are your traditional and Roth IRA contributions applied to the right year? ... [5] Are your 2023 regular IRA contributions within the statutory limit?"  MORE >>

Denise Appleby, via Morningstar

[Opinion]

ICI Comment Letter to EBSA on Proposed Information Collection Request: Retirement Savings Lost and Found (PDF)

"The Proposed ICR requests significantly more information about participants and their beneficiaries beyond the data elements listed in the statute. Further, the Proposed ICR requests data dating back to the date a plan became covered by ERISA, while the statute specifically authorizes collection of information with respect to plan years beginning in 2024. This drastically expanded scope of information ... far exceeds the reporting contemplated by the statute and therefore does not seem to comport with Congressional intent."  MORE >>

Investment Company Institute [ICI]

Executive Compensation and Nonqualified Plans

Unlocking the Power of Equity-Based Incentive Compensation: An Overview of Equity-Based Compensation Alternatives

"This article addresses the various types of equity-based compensation awards and assists employers with a common question: What type of equity compensation award is best for our company and our employees? ... [This article offers] an overview of the various equity-based compensation awards as a guide to the types of awards, tax treatment, and the advantages and disadvantages of certain awards."  MORE >>

Foley & Lardner LLP

Employee Benefits Jobs

View job as Defined Benefit Consultant/Enrolled Actuary for Pension Plan Specialists, PC

Defined Benefit Consultant/Enrolled Actuary

Pension Plan Specialists, PC

Vancouver WA

View job as Defined Benefit Consultant/Enrolled Actuary for Pension Plan Specialists, PC

View job as Actuarial Consultant for Nyhart, part of FuturePlan by Ascensus

Actuarial Consultant

Nyhart, part of FuturePlan by Ascensus

Remote

View job as Actuarial Consultant for Nyhart, part of FuturePlan by Ascensus

Selected New Discussions

412(d)(2) Board Resolution vs. Plan Amendment

"If a plan sponsor had a board resolution in place by the 2 1/2 months after the end of the plan indicating their intent to amend the plan, but the amendment itself has not been signed, can you reflect the 'amendment' in the valuation'? Lets assume the board resolution is very clear on what should be changed in the plan."

BenefitsLink Message Boards

Attempt to 'Buy Out' a Promise of 'Lifetime Benefits' Under Severance Agreements - Impermissible 409A Acceleration?

"A company has several ex-employees who were promised they could stay on the employer's group health plan until death or, in the alternative, be reimbursed for cost of substantially similar coverage until death. The insurer finally caught on and kicked these people off the group health plan. Company does not want to reimburse these people every year for the next 20+ years and wants to buy out this privilege in a lump sum. They used actuarial calculations for various people's expected demise, and also certain assumptions about how insurance costs will increase over the next 20 years, to come up with rather significant lump sum payouts ranging from $50,000 to $500,000. They want to make these payments to non-employees without paying any tax on them....

"I advised this lifetime payment stream was deferred comp and absolutely subject to taxation (after the first 18 months of COBRA, which I understand can be provided tax free). I also advised that by paying a lump sum, they are accelerating the benefits in violation of Section 409A so these people getting a $500,000 check are going to owe self-employment tax, income tax, and an additional 20% excise tax. Does anybody disagree with this assessment?

"So then the employer said they'd bump up the lump sum to cover all the taxes, so that one individual (who is in a 35% tax bracket and a 10% state bracket) would get a 35% fed + 10% state + 20% excise + 15% FICA bump for a cool buy out of $900,000.

"I've been trying to figure out how the employer should report this? I've seen that deferred comp is reported on Box 1 of 1099-NEC. But I've also seen that Section 409A failures and penalty are to be reported on Box 15 of 1099-MISC. Are these people going to get 2 different 1099s? And in my example, would the 1099-NEC show the full $900,000 but the 1099-MISC only report the $500,000 (prior to the bump up for taxes)?"

BenefitsLink Message Boards

Press Releases

Milliman Launches Enhanced Healthy Financial Outcomes Financial Wellness Experience for Retirement Plans

Milliman

2024 Chambers USA Guide Recognizes Four IPB Partners Individually, As Well As Tax And Benefits Practices

Ivins Phillips Barker

RxPass from Amazon Pharmacy expands access to Prime members on Medicare

Amazon

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

ERISA Regulations for Disability Claims and Appeals

RECORDED

Lorman Education Services

Navigating the (Latest) Final DOL Fiduciary Rule For Non-Advisors

RECORDED

ASPPA [American Society of Pension Professionals & Actuaries]

Nevin & Fred: Forfeitures, Managed Accounts and a ‘New’ Fiduciary Rule Challenge

RECORDED

National Association of Plan Advisors [NAPA]

Navigating Employee Benefits Issues in the Education Industry: Managing Cybersecurity and Data Privacy Issues and Risks

July 16, 2024 WEBINAR

Morgan Lewis

Last Issue's Most Popular Items

Killing a 401(k) Plan's Safe Harbor Match Mid-Plan Year -- or Not

Ferenczy Benefits Law Center

Everything You Need to Know About Pro Rata Withdrawal Rules

planadviser

ERIC Comment Letter to EBSA on Proposed Information Collection Request: Retirement Savings Lost and Found (PDF)

The ERISA Industry Committee [ERIC]

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

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