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Retirement Plans Newsletter

August 1, 2024

2 New Job Opportunities 2 New Job Opportunities

 

[Official Guidance]

Draft of 2025 IRS Form W-4R: Withholding Certificate for Nonperiodic Payments and Eligible Rollover Distributions (PDF)

"Complete Form W-4R to have payers withhold the correct amount of federal income tax from your nonperiodic payment or eligible rollover distribution from an employer retirement plan, annuity (including a commercial annuity), or individual retirement arrangement (IRA)."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

IRS Finalizes Regs Addressing Substitute Mortality Tables for Defined Benefit Plans

"In conjunction with the final regulations, the IRS released Revenue Procedure 2024-32, which updates the procedures for requesting approval to use plan-specific substitute mortality tables to reflect the final regulations' changes."  MORE >>

Thomson Reuters Practical Law

[Guidance Overview]

The Corporate Transparency Act: Implications for ESOPs

"The CTA's reporting obligations apply to 'reporting companies' ... Unless an exemption applies, this includes a corporation owned by an ESOP as well as subsidiary entities. There are 23 categories of exemptions from the CTA. Likely, among those most often applicable to ESOP companies will be the 'large operating company' exemption."  MORE >>

Husch Blackwell

[Guidance Overview]

The New Fiduciary Rule, Part 41:the Regulation and Exemptions Are Stayed

"That may very well be a 3-year or longer process before we know the ultimate outcome.... it leaves us uncertain about the application of the current fiduciary rule to some kinds of recommendations ... However, it leaves us certain about other things. For example, if an insurance-only agent recommends a rollover to a fixed annuity, that recommendation, standing alone, will not be fiduciary advice -- because it doesn't satisfy the 'regular basis' part of the 5-part test. As ... It also heightens the focus on guidance issued by the SEC and the SEC staff on rollovers and account types."  MORE >>

FredReish.com

Ninth Circuit Revives ERISA Breach of Fiduciary Duty Claim Challenging Decision to Invest in Volatile Hedge Funds

"[T]he court found the following: [1] Plaintiffs have standing, where they allege that their retirement accounts would have more money in them if Defendants had not made the challenged investments.... [2] Plaintiffs have sufficiently alleged that their injury is fairly traceable to Defendants' alleged misconduct.  ... [3] Plaintiffs have stated a claim under ERISA, where they allege that Defendants imprudently decided to invest about one fifth of the retirement plans' funds into risky investments contrary to the plan's conservative aims." [Johnson v. Carpenters of Western Washington Board of Trustees, No. 23-35370 (9th Cir. July 30, 2024; unpub.)]  MORE >>

Roberts Disability Law

Texas District Courts Place Nationwide Hold on DOL Investment Advice Fiduciary Rule

"Because the hold on the Rule applies nationwide with immediate effect, plan sponsors and their advisors must look to the 1975 regulations ... Under those rules, individuals render investment advice where they make investment recommendations on a regular basis, pursuant to a mutual agreement, arrangement, or understanding that the services will be a primary basis for investment decisions, and that the advice will be individualized based on the recipient's particular needs." [FACC. v. DOL, No. 24-0163 (E.D. Tex. Jul. 25, 2024); ACLI v. DOL, No. 24-0482 (N.D. Tex. Jul. 26, 2024)]  MORE >>

Thomson Reuters / EBIA

DOL Plan Audits Explained

"Plan audits are an important way the [DOL] ensures compliance with ERISA standards. Sometimes DOL plan audits are random, but errors, including mistakes with the submission of Form 5500, can trigger audits too. Here's an overview of the DOL audit process for plans, and tips to help plan sponsors gear up."  MORE >>

Colonial Surety Company

Facts About Roth IRAs (PDF)

14 pages. "[1] Nearly one-quarter of US households have Roth IRAs.... [2] More than one-third of Roth IRA investors are younger than 40.... [3] Roth IRAs are most commonly opened with contributions.... [4] Roth IRA investors display persistence in their contribution activity.... [5] Roth IRA rollover activity is rare.... [6] Most Roth IRA owners consult a financial professional when creating a retirement strategy.... [7] Few Roth IRA investors take withdrawals."  MORE >>

Investment Company Institute [ICI]

GAO Report on Social Security: Options for Reform

"Many of the options discussed in this report would improve Social Security's finances by reducing the costs associated with benefit payments ... or increasing program revenues ... [R]eform proposals may also include options that pursue goals unrelated to shoring up the program's finances, such as helping vulnerable beneficiaries (e.g., long-time, low-wage workers) by increasing the minimum benefit amount that the program pays." [GAO-24-107240]  MORE >>

U.S. Government Accountability Office [GAO]

Senators Introduce Bipartisan Bill to Allow CITs in 403(b)s

"[S 4917] mirrors a version passed in the House on March [8] Currently, 403(b) plan participants do not have the same access to some investment options available to savers in other plans, including 401(k) plans, 457(b) plans, and the federal Thrift Savings Plan."  MORE >>

American Retirement Association [ARA]

FAS87 ASC715 Discount Rates and Moody's Rates, June 27, 2024

An unofficial monthly report of the Moody's Daily Long-term Corporate Bond Yield Averages and Moody's Daily Treasury Yield Averages (used as benchmarks by some corporate pension plans).  MORE >>

BenefitsLink Message Boards

[Opinion]

The Time Is Right for a National Retirement Savings Plan

"17 states have ... [enacted] auto-IRA legislation that automatically enrolls employees lacking a workplace savings plan.... Critics of the auto-IRA worry that they will crowd out private-plan formation by making it easier for employers to avoid the complexities of sponsoring their own plans. But the opposite actually may be happening.... A more ambitious public option idea would be a national 401(k) plan, featuring a government-matching contribution."  MORE >>

Morningstar

Benefits in General

[Guidance Overview]

Employer Resources on Remote Working Rights, Trends (PDF)

57 pages. "Remote working poses challenges and considerations for employers when devising or adjusting their policies -- these include defining remote work and eligibility criteria, hybrid working arrangements, employee engagement, performance, cybersecurity, health and safety, the right to disconnect, employees who want to relocate to a different country or state, and returning remote workers to the workplace post-pandemic. Recently, several jurisdictions have introduced remote-working legislative measures for after the pandemic that clarify employer and employee requirements, and others are expected to follow suit."  MORE >>

Mercer

Executive Compensation and Nonqualified Plans

[Guidance Overview]

IRS Audits of Equity Comp: Updated IRS Guide Shows What to Expect

"The IRS recently ... [issued] a new version of its stock compensation auditing guide, which had not been updated since 2015. Developed as an internal manual for IRS employees, it also offers businesses a helpful window into what IRS agents examine in audits related to all types of equity compensation."  MORE >>

myStockOptions.com

Employee Benefits Jobs

View job as Retirement Plan Compliance Consultant for TriStar Pension Consulting

Retirement Plan Compliance Consultant

TriStar Pension Consulting

Remote

View job as Retirement Plan Compliance Consultant for TriStar Pension Consulting
View job as Relationship Manager for The Retirement Plan Company

Relationship Manager

The Retirement Plan Company

Remote

View job as Relationship Manager for The Retirement Plan Company

Selected New Discussions

SAR Due Date for Extended 5500 Filed by Original Due Date

"Plan had an extension filed, and lo and behold they filed 5500 by original due date, with form indicating 5558 had been filed. Not that this is a particularly important question, but would the SAR due date be 2 months after original due date, or after extended due date?"

BenefitsLink Message Boards

Plan Issues Not Addressed in Stock Purchase and Sale Agreement

"So, corporation A purchases 100% of corporation B in a stock sale. Both corporations sponsor a 401(k) plan. 2 weeks after the sale, they now decide to look at the plan issues. So, clearly a controlled group now. Corporation A crediting service with Corporation B, etc., etc. Corporation A wants to now terminate Corporation B plan. But this brings in successor plan rule. How is this mess typically dealt with?"

BenefitsLink Message Boards

Multiple In-Service Distributions in One Plan Year

"We have a plan that allows for in-service distributions. A participant who is over 59.5, but under the age for an RMD, has already taken 3 smaller in-service distributions this year and is now inquiring about another. I've always been told that the Plan can't be used like a bank account, and these consistent in-service distributions could cause an issue. So, that leads to two questions: [1] How many in-service distributions are viewed as excessive and, if audited, could cause an issue? [2] What would the ramifications be if it was viewed as excessive?"

BenefitsLink Message Boards

Press Releases

FPA to Recognize Financial Planning Thought Leader with the Association's and Profession's Highest Award

Financial Planning Association® [FPA®]

Pacific Life and Franklin Templeton Announce Defined Contribution Lifetime Income Solution

Pacific Life

Three Senior Attorneys Join the Boston Office of The Wagner Law Group

The Wagner Law Group P.C.

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

SCOTUS Ruling in Loper Bright v. Raimondo: Impact on ERISA, Employee Benefits, and Executive Compensation

September 17, 2024 WEBINAR

Strafford

Last Issue's Most Popular Items

IRS Issues Proposed Regs on Required Minimum Distributions

Milliman

IRS Issues Final RMD Regs for SECURE and SECURE 2.0 Act Changes

Milliman

New RMD Regs Have a Surprising Result for Minor Child Beneficiaries

Slott Report

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

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