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Retirement Plans Newsletter

June 27, 2024

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[Guidance Overview]

Exceptional Usefulness and Quality icon Changes to ERISA's QPAM Exemption and Fiduciary Rule: Action Items for Asset Managers

"[T]he new amendments [to the QPAM Exemption] ... are some of the most significant changes to the exemption.... [T]he New Fiduciary should have minimal impact on asset managers, even if it survives in its current form.... [This alert] describes certain steps that should be taken to address the QPAM Amendments and the New Fiduciary Rule."  MORE >>

Schulte Roth & Zabel LLP

[Sponsor]

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Gain insights from our technology experts on how IT modernization is transforming retirement and pension operations. Navigate the future of the retirement industry with confidence and innovation. Don't miss this opportunity -- tune in now!

Sponsored by Enterprise Iron

[Guidance Overview]

The New Fiduciary Rule, Part 37: Confusion about Incentive Compensation

"Both PTEs have provisions on the mitigation of the possible effects of incentive compensation...., [A]ny incentive that causes an advisor or agent to make self-interested recommendations to retirement investors will cause a violation of the Care Obligation beginning this September.... [T]he DOL is clearly signaling that it is particularly concerned about incentives that involve travel."  MORE >>

FredReish.com

Exceptional Usefulness and Quality icon Northern District of Texas Expands Fiduciary Exposure by Permitting ESG Proxy Voting Theory to Go to Trial

"The court's summary judgment decision ... may result in an expansion of fiduciary liability for plan sponsors and their duty to monitor hired investment managers.... [At] a minimum, plan sponsors may need to dedicate additional resources to evaluating the proxy votes of the managers of the investment funds in their plans. Depending on the outcome at trial, plan sponsors also may be vulnerable to future challenges by plaintiffs for not seeking to prevent even short-term dips in stock prices, which plaintiffs may claim are traceable in some way to shareholder vote outcomes." [Spence v. American Airlines, Inc., No. 23-0552 (N.D. Tex. February 21, 2024; order setting trial date filed Jun. 5, 2024)]  MORE >>

Mayer Brown

401(k) Assets Caught in Limbo: Plan Sponsor Bankruptcy Explained

"[1] What happens to 401(k) assets in a bankruptcy? ... [2] Which agencies can protect workers' retirement savings? ... [3] What is the role of a bankruptcy trustee? ... [4] How are workers at bankrupt companies reunited with their assets?"  MORE >>

Bloomberg Law

Colorado Adds Vermont to Multistate Consortium of Auto-IRA Retirement Programs

"The Colorado SecureSavings Program has formed a partnership with Vermont's public retirement savings program, VT Saves, which will add Vermont to the Partnership for a Dignified Retirement, an interstate consortium of state-run auto-IRA retirement savings programs that also includes Delaware and Maine."  MORE >>

Pensions & Investments

Guaranteed Income Provides Retirees with a License to Spend (PDF)

12 pages. "[H]ouseholds holding a greater share of their wealth in guaranteed income spend more each year than retirees who hold more of their wealth in investments. A household with a generous pension and no savings will spend more than a retiree with enough savings to buy an annuity that provides the same income as the pension.... The ability to increase spending is an important reason to consider shifting wealth to guaranteed income[.]"  MORE >>

David Blanchett and Michael Finke, via Retirement Income Institute

What Is a 'Mega' Backdoor Roth Contribution?

"Not everyone is fortunate enough to have access to the 'mega' backdoor Roth contribution strategy, but for those that do, it is one of the most powerful ways to supercharge your retirement savings."  MORE >>

Manning & Napier

Benefits in General

[Official Guidance]

IRS Disaster Relief Notice NM-2024-05, for Southern New Mexico

"[I]ndividuals and businesses in southern New Mexico that were affected by the South Fork Fire, Salt Fire, and Flooding that began on June 17, 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 Lincoln and Otero counties, and on lands of the Mescalero Apache Tribe qualify for tax relief."  MORE >>

Internal Revenue Service [IRS]

House Subcommittee Hearing: Examining the Policies and Priorities of the Employee Benefits Security Administration

June 27 hearing. Opening statement: Rep. Bob Good (R-VA); Witness: The Honorable Lisa M. Gomez, Assistant Secretary, EBSA.  MORE >>

Subcommittee on Health, Employment, Labor, and Pensions, Committee on Education and the Workforce, U.S. House of Representatives

Employee Benefits Jobs

View job as Senior Client Service Specialist for EPIC RPS

Senior Client Service Specialist

EPIC RPS

Remote

View job as Senior Client Service Specialist for EPIC RPS

Selected New Discussions

IRA Distributions Combining After-Tax and Pre-Tax

"We have a situation where force out amounts from qualified plans were rolled over to a non-Roth IRA and the rollover contained after-tax amounts and pre-tax amounts. When the IRA owner later takes a distribution, how does this get tax reported on the 1099?"

BenefitsLink Message Boards

Looking to Help a TPA with a Transition Plan

"If you are (or know) a small TPA (<300 plans) looking to begin a transition to retirement and want your clients to get the amazing service they are used to with a family-owned, well-established TPA firm (currently <1000 clients), please send me a private message. My firm is family-owned and operated, has been in business for 40+ years, and has a full succession plan in place. We have the infrastructure and processes to take on a block of business while still providing the personalized service of a small TPA. If you don't want to sell out to private equity, VCs, or the huge national recordkeepers acquiring TPAs (I am bringing those clients on fairly often when they get upset that they lost the personal touch), we may be a good fit. I am willing to entertain various business structures."

BenefitsLink Message Boards

Press Releases

Johns Hopkins, University of Maryland Students Win Retirement Essay Competition

TIAA Institute

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

How to Tackle Competing Beneficiary Claims

RECORDED

Bond, Schoeneck & King, PLLC

Cash Balance Plan Basics

RECORDED

ASPPA [American Society of Pension Professionals & Actuaries]

IRS Audits Uncovered

June 27, 2024 WEBINAR

American Society of Enrolled Actuaries [ASEA]

Overpayments: Regulations, Response, Ramifications

July 16, 2024 WEBINAR

Berwyn Group

“How to” Analyze Fees Associated with Retirement Income Solutions

July 18, 2024 WEBINAR

Broadridge

2024 Legislative Update

August 1, 2024 WEBINAR

Ascensus

Last Issue's Most Popular Items

90% of Plan Sponsors Expect to Adopt SECURE 2.0 Optional Provisions

Fidelity

Retirement Income Solutions: Recordkeeper Study (PDF)

Defined Contribution Institutional Investment Association [DCIIA]

DOL Issues Report to Congress Regarding Its Prior Guidance on Pension Risk Transfers

Thomson Reuters Practical Law

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

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