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Retirement Plans Newsletter

July 22, 2024

4 New Job Opportunities 4 New Job Opportunities

 

[Guidance Overview]

IRS Final Regs Retain RMD 10-Year Rule (PDF)

"Since the initial proposal, there have been repeated calls from policy groups and employee benefits practitioners for the IRS to revise its interpretation of the 10-year rule and remove the simultaneous application. A common complaint was that the interpretation was contrary to the congressional intent of the rule.  The IRS said it reviewed the comments expressing concerns about the 10-year rule but 'determined that the final regulations should retain the provision in the proposed regulations requiring such a beneficiary to continue receiving annual payments.' "  MORE >>

Groom Law Group, via Tax Notes

[Guidance Overview]

EBSA Launches Online Filing System for Abandoned Plan Program

"The documents that now can be submitted electronically include ... [1] Notice of Plan Abandonment and Intent to Serve as Qualified Termination Administrator.... [2] Final Notice and Special Terminal Report for Abandoned Plans (STRAP).... [3] Bankruptcy Trustee Supplement."  MORE >>

American Retirement Association [ARA]

[Guidance Overview]

IRS Issues Guidance on SECURE 2.0 Distributions (PDF)

"[Notice 2024-55] clarifies that whether the participant has an eligible emergency expense depends on all of the facts and circumstances.... [A] list of appropriate expenses [included in the Notice] overlaps significantly with the general hardship distribution rules. However, ... l two items demonstrate that emergency personal expense distributions can be broader than hardship withdrawals."  MORE >>

Gallagher

Updated IRS Regulatory Agenda Includes SECURE 1.0 and 2.0 Items

"Most older items didn't change significantly, but the agency moved several projects from the active agenda to its long-term agenda and vice versa. The [DOL] and Pension Benefit Guaranty Corp. (PBGC) also updated their agendas, but neither agency made significant changes to their current lists of retirement projects. While the active agenda often specifies anticipated completion dates within the next year, those dates are generally aspirational and routinely change as an agency's priorities shift."  MORE >>

Mercer

The Arrival of TDFs with Annuities

"Benefits: [1] Security for participants ... [2] Simplified choices ... [3] Institutional pricing ... Challenges: ... [1] If a participant changes jobs or recordkeepers, the new recordkeeper may not be able to offer the same annuity plan or an annuity at all.... [2] Annuities have been unattractive due to high fees. Participant education is vital.... [3] Designed to operate within ERISA, they require proper planning and management."  MORE >>

RPAG

[Opinion]

A Fiduciary's Guide to Annuities: 'Why Go There?'

"The key question in evaluating annuities, or any other investment, should always be 'at what cost?' ... While costs vary, a basic average annual cost for immediate annuities seems to be 0.7 percent. The average costs for various additional options with all annuities seems to be an additional 1.0 percent.... [A]nnuities are inappropriate for 401(k) and 403(b) plan sponsors ... and are potential fiduciary liability traps, as they are structured to best serve the annuity issuer's 'best interests,' not those of an annuity owner."  MORE >>

The Prudent Investment Adviser Rules

Benefits in General

Communicating Value of Your Compensation Package

"25% of small businesses have added benefits, but only 8% of employees said their employers have increased benefits,.... [1] Create a master list of all your benefits.... [2] Put a dollar figure on each piece of your retirement and benefits plan.... [3] Share info about your retirement and benefits plan on Day 1.... [4] Consistently communicate what your benefits are (and how much they're worth).... [5] Spotlight the value of different benefits for different generations.... [6] Communicate in lots of different ways."  MORE >>

Principal Financial Group

Executive Compensation and Nonqualified Plans

[Official Guidance]

Draft of Instructions for IRS Forms 3921 and 3922: Exercise of an Incentive Stock Option Under Section 422(b) and Transfer of Stock Acquired Through an Employee Stock Purchase Plan Under Section 423(c) (PDF)

"Every corporation which in any calendar year transfers to any person a share of stock pursuant to that person's exercise of an incentive stock option described in section 422(b) must, for that calendar year, file Form 3921 for each transfer made during that year."  MORE >>

Internal Revenue Service [IRS]

Creating a Better Benefit Plan for Key Employees

"[1] What industry-specific benefits work for your recruitment goals? ... [2] What performance-based incentives can you use? ... [3] How can you impact key employees' financial futures? ... [4] How can you diversify income for key employees to help them meet retirement goals?"  MORE >>

Principal Financial Group

Employee Benefits Jobs

View job as Retirement Plan Administrator for RPCG, a Strongpoint Partner

Retirement Plan Administrator

RPCG, a Strongpoint Partner

Remote / Wethersfield CT / Hybrid

View job as Retirement Plan Administrator for RPCG, a Strongpoint Partner
View job as Senior Relationship Manager for National Benefit Services, A "Remote First" Company

Senior Relationship Manager

National Benefit Services, A "Remote First" Company

Remote

View job as Senior Relationship Manager for National Benefit Services, A "Remote First" Company
View job as Pension Team Manager for KB Pension Services

Pension Team Manager

KB Pension Services

Remote / Bradenton FL / Hybrid

View job as Pension Team Manager for KB Pension Services
View job as Employee Benefits Attorney for Hill Ward Henderson

Employee Benefits Attorney

Hill Ward Henderson

Tampa FL

View job as Employee Benefits Attorney for Hill Ward Henderson

Selected New Discussions

Lost Participant Search Service

"Can anyone recommend a (paid) service for tracking down lost participants?"

BenefitsLink Message Boards

Profit Sharing Plan Wrap-Up After Partnership Dissolution

"I know you can't have a plan w/o a sponsor, but does this also apply to partnership plan? Isn't sponsoring a retirement plan an organizational operation even if partnership dissolves? Partnership filed final return in 2019, plan still has money that has not as yet been allocated. All other funds have been rolled over. Investment broker has not provided any physical account statements, client does not seem to be on top of this. Investment broker moved companies, has not cared enough to check whether any accounts are still with the old firm. Filing Form 5500 under DFVC in the meantime; keeping fingers crossed no DOL letters. Is there some sort of penalty for not distributing assets upon plan termination? Should the termination resolution be rescinded?"

BenefitsLink Message Boards

For Someone Born in 1959, Is the ยง401(a)(9) Applicable Age 73 or 75?

"Section 401(a)(9)(C)(v) provides: '(I) In the case of an individual who attains age 72 after December 31, 2022, and age 73 before January 1, 2033, the applicable age is 73. (II) In the case of an individual who attains age 74 after December 31, 2032, the applicable age is 75.' [The July 19] notice of a final rule to interpret Section 401(a)(9) reserves how to interpret that ambiguity, and refers to [the] notice of proposed rulemaking. (Footnote 7 on page 58891) ... In that notice, the Treasury department proposes to set the applicable age for someone born in 1959 as 73. But the notice explains no reason for Treasury's choice of 73, rather than 75.

"[If] it were your job in the Treasury department to choose 73 or 75 (or something else) and to write a reasoning that explains your choice as the best interpretation of the statute, would you choose: 73? 75? 74? And, most important, why? If you could ground your choice on a canon of statutory construction, which would you use? And if not some legal-sounding reasoning, what explanation could you give that still respects the idea that the Treasury department must seek to give effect to Congress's intent?"

BenefitsLink Message Boards

Press Releases

ACL Awards Pension Counseling Regional Program Grants

Administration for Community Living [ACL], U.S. Department of Health and Human Services [HHS]

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Hot Issues in Executive Compensation 2024

September 13, 2024 WEBINAR

PLI [Practising Law Institute]

Last Issue's Most Popular Items

Quick Update on Final RMD Regs

TRI-AD

Changes to SIMPLE Plans Under SECURE 2.0: Not That Simple

Ferenczy Benefits Law Center

DOL Launches Online Filing System for Termination Administrators to Submit Information on Abandoned Employee Benefits Plans

Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

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

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