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[Guidance Overview]
IRS Issue Snapshot: 401(k) Plan Catch-Up Contribution Eligibility
Jul. 30, 2024. "Audit tips: [1] Determine if the plan permits catch-up contributions. [2] Determine if there is a plan-imposed limit on elective deferrals. [3] Review contributions made to the plan to determine if the limitations imposed by IRC Section 401(a)(30), IRC Section 415(c), and/or the plan's provisions have been exceeded by any participants. [4] Review the ADP test to determine the limit for HCEs. [5] If any of the 'applicable limits' have been exceeded, determine if the participants who
made the additional elective deferrals are age 50 or older by the end of the calendar year. [6] Review payroll records to ensure the catch-up dollar limitation has not been exceeded." MORE >>
Internal Revenue Service [IRS]
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[Guidance Overview]
Form 5330 Need Not Be Filed Electronically for 2023 Taxable Year (PDF)
"[W]hile IRS Employee Plans News refers to the 2023 taxable year, the IRS webpage refers to the 2024 taxable year.... Filings for 2024 taxable years will not be due until 2025, so it is not clear whether the webpage's 2024 taxable year reference is intentional or was meant to
refer to the 2024 filing year." MORE >>
Thomson Reuters / EBIA
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[Guidance Overview]
Final Regs Issued on Required Minimum Distributions Under SECURE Act
"The final regulations apply for distribution calendar years beginning on or after January 1, 2025. However, as some of the
RMD changes addressed in the final regulations already have taken effect ... plan sponsors should review current plan operations for compliance." MORE >>
Faegre Drinker
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[Guidance Overview]
Eight SECURE 2.0 Provisions That Took Effect in 2024
"[1] Pension-Linked Emergency Savings Accounts (PLESAs).... [2] Employer-provided student loan relief.... [3] Section 529 plan rollovers.... [4] Starter 401(k) plans.... [5] Top-heavy rules.... [6] SIMPLE IRAs.... [7] Early withdrawal
exemptions.... [8] Required minimum distributions (RMDs)." MORE >>
Clark Schaefer Hackett
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Managed Accounts Provide Opportunity, Challenges as a Retirement Income Solution
"Despite increasing availability of managed accounts, growth has been relatively stagnant in the last few years, as 77% of participants were also offered managed accounts in 2022, and only 7% of participants are actually using a managed account program ... Some firms have
been more critical of managed accounts, largely because of the fees that are often attached to the personalized service." MORE >>
PLANSPONSOR; free registration may be required
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Next Steps After District Courts Stay DOL Fiduciary Rule
"Two legal challenges ... have stalled the fiduciary rule from its September 23 effect ... Until both stays are resolved, retirement plan advisors will have to continue following the current fiduciary regulation come September, including the original five-part test
and current prohibited transaction exemptions 84-24 and 2020-02[.]" MORE >>
401(k) Specialist
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Who May Sue You and Why: How to Reduce Your ERISA Risks, and the Role of Fiduciary Liability Insurance (PDF)
36 pages. "[This report] discusses the responsibilities of ERISA fiduciaries and the types of litigation that may be brought against them, as well as some practical suggestions on plan design and administration that may help reduce litigation risk. [It also] shares insights on
how the role of fiduciary liability insurance and other forms of protection can mitigate against financial loss to plan sponsors and their fiduciaries when faced with a lawsuit." MORE >>
Groom Law Group, for Chubb
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Cut Cyber Breaches, Services Fees for Puerto Rico Benefit Plans (PDF)
"Sponsors of retirement plans operating in Puerto Rico, particularly in the wake of an Infosys security breach last November ... have undertaken to evaluate the cybersecurity practices of local service providers that have access to sensitive information of plan participants.
Pursuant to their fiduciary duties under [ERISA], plan sponsors can and have negotiated to pay lower fees to those providers, such as Puerto Rico trustees, recordkeepers, and, to a lesser extent, paying agents. MORE >>
Carlos Gonzalez Law Office LLC, via Bloomberg Tax Management Memorandum
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Proposed GAAP Taxonomy Implementation Guide on Modeling for Employee Benefit Plans (Including Defined Contribution Plans Filing SEC Form 11-K) (PDF)
130 pages. "The purpose of this proposed Guide is to demonstrate the modeling for the reporting by employee benefit plans. The examples are not intended to encompass all potential modeling configurations or to dictate the appearance and structure of an entity's extension
taxonomy or its financial statements. The examples are provided to help users of the GAAP Taxonomy understand how the modeling for employee benefit plans is structured within the GAAP Taxonomy." MORE >>
Financial Accounting Standards Board [FASB]
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PBGC Approves $39 Million in SFA for Printing Local 72 Plan
"[PBGC] has approved the application submitted ... by the Printing Local 72 Industry Pension Plan. The plan, based in Sparks, Maryland, covers 787 participants in the printing industry ... [and] will receive approximately $39.4 million in special financial
assistance.... The plan was projected to become insolvent and run out of money in 2025." MORE >>
Pension Benefit Guaranty Corporation [PBGC]
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Whistleblower Says TIAA Pushes Costly In-House Products on Retirement Savers
"TIAA says its tool provides clients with 'objective recommendations that are suited for your investment needs.' But a whistleblower complaint filed with the [SEC] in June and shared with NBC News says TIAA stands to reap billions in new revenues when clients use the tool
because it quietly steers them into two in-house TIAA investment products that yield the firm significant profits." MORE >>
NBC News
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Executive Compensation and Nonqualified Plans |
Executive Compensation Tips for Startups
"Executive compensation mistakes ... [1] Giving away too much equity ... [2] Skipping comp benchmarking or using the wrong comp data ... [3] Not aligning with your compensation philosophy ... [4] Making too many exceptions ... Best
practices ... [1] Communicate the potential value of equity ... [2] Regularly review and update your executive compensation plan ... [3] Use external advisors " MORE >>
Sequoia
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Selected New Discussions |
Are Deferrals Required on 'Back-Pay'?
"Company has to give people 'retro pay' going back to 2022. Do they need to take deferrals from those? Do they need to include that income for the 2022 and/or 2023 ER contributions? It's a 403(b) Plan, and the document excludes all post-severance compensation. But it
this post severance pay? It should have been paid way back when. It's not like a trailing commission or a bonus that was genuinely paid post-severance."
BenefitsLink Message Boards
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IRS Survey 2024
"Has anyone heard of the IRS's new 'Retirement Plan Burden Survey' sent to randomly selected Plan Sponsors?
"
BenefitsLink Message Boards
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Reclassified Employees
"Most of the pre-approved documents I've seen contain a provision that 'Reclassified employees' are excluded for employer contributions (but not for deferrals unless it is a Church) unless the employer elects, either in the AA or in an Appendix, to include one or more
categories of 'Reclassified employees.' My assumption is that such employees are excluded, but not excludable for coverage testing, etc. Agree/disagree? I have some vague memory that these provisions were instituted due to Microsoft or similar situations, where employees who were treated as independent contractors subsequently were determined to be common law employees."
BenefitsLink Message Boards
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Last Issue's Most Popular Items |
Employer Resources on Remote Working Rights, Trends (PDF)
Mercer
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Draft of 2025 IRS Form W-4R: Withholding Certificate for Nonperiodic Payments and Eligible Rollover Distributions (PDF)
Internal Revenue Service [IRS]
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DOL Plan Audits Explained
Colonial Surety Company
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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