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Retirement Plans Newsletter

August 6, 2024

8 New Job Opportunities 8 New Job Opportunities

 

[Guidance Overview]

Combined Pre-Approved Plan Program Is Here (PDF)

"[K]ey points of the new program ... [1] timing of plan amendments/remedial amendment period; [2] provider's IRS application process for an IRS opinion letter providing that the plan document as to its terms complies with the Section 401(a) or 403(b) qualification requirements of the Internal Revenue Code; and [3] the employer's application process on Form 5307 for a determination letter for the pre-approved plan."  MORE >>

Groom Law Group, via Journal of Pension Benefits

[Sponsor]

Advanced Pension Conference - Sept 4-6, 2024 – Register today!

The APC includes eleven sessions on the latest legislative updates from our panel of six ERISA experts. The 401(k) Plans: Beyond the Basics Webcast will follow next on Oct. 28 and 30, and Nov. 1, 2024. View complete agendas and register here.

Sponsored by FIS Retirement Education

[Guidance Overview]

The New Fiduciary Rule, Part 42: The Regulation and Exemptions Are Stayed -- What Remains?

"[T]his article [looks] at guidance by the SEC and the SEC's staff on rollover recommendations, which parallel the DOL's but which only require a single recommendation. While the SEC's Regulation Best Interest (Reg BI) and its Commission Interpretation Regarding Standard of Conduct for Investment Advisers (RIA Interpretation) both discuss rollover recommendations, the most detailed discussion is in a Staff Bulletin, Standards of Conduct for Broker-Dealers and Investment Advisers Account Recommendations for Retail Investors."  MORE >>

FredReish.com

[Guidance Overview]

IRS Compliance Options for Malta Pension Plan Participants

"In 2023 and 2024, the U.S. Government pursued many U.S. taxpayers who they believed misinterpreted the US/Malta tax treaty -- and in some cases even went so far as initiating both civil and criminal tax investigations. As with most things involving the [IRS] and international tax, Malta pension plan participants may want to consider getting into offshore tax compliance on their own -- before they are investigated by the IRS."  MORE >>

Golding & Golding, International Tax Lawyers, via Lexology; free registration required

[Guidance Overview]

IRS Issues Final Regs on Minimum Required Distributions to Implement the SECURE Act

"The final regulations do not allow a defined benefit plan to provide a single uniform required beginning date of April 1, following the calendar year of attainment of age 70 ½. That means that a plan amendment would be required to change the required beginning date for those born on or after July 1, 1949.... [T]he rule facilitates in-service annuity distributions to participants, and does not require a plan to change distributions in pay status merely because the participant has attained an applicable age."  MORE >>

Cheiron

Selecting an Automatic Rollover Vendor for a Qualified Pension Plan

"[This article presents] key considerations for selecting an IRA vendor for automatic rollovers.... [P]lan administrators should be aware that the selection of a rollover IRA vendor is a fiduciary decision that requires appropriate deliberation."  MORE >>

Ivins, Phillips & Barker

Market Sell-Off Highlights Need for Ongoing Participant Education

"A global stock market sell-off on [August 5] saw the U.S.'s major market indexes fall by more than 2.5%. While markets may have been busy, top retirement plan advisers say the response was muted from most clients and participants -- in part due to the many months and days of educational work and messaging concerning potential market downturns."  MORE >>

planadviser

Pension Funding Index, August 2024

"The funded status of the 100 largest corporate defined benefit pension plans stayed at its $44 billion surplus level, and the funded ratio held steady at 103.5% from the end of June to the end of July ... The funded ratio at the end of July is ahead of the 99.5% funded ratio seen at the start of 2024."  MORE >>

Milliman

Pension Finance Update, July 2024

"Pension sponsors suffered their first monthly setback this year in July, as lower interest rates pushed up liabilities.... Plan A lost almost 1% but remains up 8% this year through July, while Plan B lost a fraction of 1% last month but remains up almost 2% through the first seven months of 2024."  MORE >>

October Three Consulting

Benefits in General

[Official Guidance]

Text of EBSA Meeting Notice for ERISA Advisory Council

"[T]he 223rd open meeting of the Advisory Council on Employee Welfare and Pension Benefit Plans (also known as the ERISA Advisory Council) will be held on September 10-12, 2024.... The meeting will take place at the [DOL offices in Washington, DC] ... [and] will also be accessible via teleconference ... The purpose of the open meeting is for Advisory Council members to hear testimony from invited witnesses and to receive an update from [EBSA]. The Advisory Council is studying the following topics: [1] Making Welfare Plan Claims and Appeals Procedures More Accessible to Participants, and [2] Lifetime Income and Qualified Defined Investment Alternatives (QDIAs)."  MORE >>

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

[Guidance Overview]

Exceptional Usefulness and Quality icon Comprehensive FAQs for Employers on Hurricanes and Other Workplace Disasters: 2024 Edition

"This detailed set of Frequently Asked Questions ... addresses the workplace-related issues facing employers in the wake of hurricane-related disasters. In addition to legal obligations ... [it] also addresses the practical questions that most often arise both while preparing [for] and in the aftermath of storms. The information contained here ... may be helpful following any natural catastrophe."  MORE >>

Fisher Phillips

[Guidance Overview]

The FTC Rule to Ban Non-Competes May Be Effective in 30 Days: What You Need to Know and What You (May) Want to Do

"The hot mess known as the FTC Rule to Ban Non-Competes continues to get hotter and messier as two Federal District Courts issue conflicting opinions. This conflict between the Federal Courts will not be resolved before the Rule's [effective] date of Sept. 4, 2024. Given the uncertainty over the Rule, [this] short Q&A ... provides the latest updates on the Rule and the options companies have regarding compliance."  MORE >>

Benesch

Designing a Benefit Plan That You and Your Employees Will Love

"[1] Establish a benefits philosophy.... [2] Compare coverage with your peers.... [3] Listen to and learn from employees.... [4] Calculate the true benefit costs.... [5] Balance cost with long-term benefits for employees, the business, and you.... [6] Prioritize extended or enhanced benefits.... [7] Continuously adapt your benefits."  MORE >>

Principal Financial Group

Employee Benefits Jobs

View job as Enrolled Actuary (EA) / Defined Benefit (DB) Plan Administrator for NPPG

Enrolled Actuary (EA) / Defined Benefit (DB) Plan Administrator

NPPG

Remote

View job as Enrolled Actuary (EA) / Defined Benefit (DB) Plan Administrator for NPPG
View job as Retirement Plan Administrator for Hessel & Associates, LLC

Retirement Plan Administrator

Hessel & Associates, LLC

Remote / IL

View job as Retirement Plan Administrator for Hessel & Associates, LLC
View job as Retirement Plan Administrator for Retirement Solutions Specialists

Retirement Plan Administrator

Retirement Solutions Specialists

Remote / Jacksonville FL / Hybrid

View job as Retirement Plan Administrator for Retirement Solutions Specialists
View job as Interim Executive Director for Minnesota Secure Choice Retirement Program

Interim Executive Director

Minnesota Secure Choice Retirement Program

Saint Paul MN / Hybrid

View job as Interim Executive Director for Minnesota Secure Choice Retirement Program
View job as Legislative Analyst for MN Legislative Commission on Pensions and Retirement

Legislative Analyst

MN Legislative Commission on Pensions and Retirement

Saint Paul MN / Hybrid

View job as Legislative Analyst for MN Legislative Commission on Pensions and Retirement
View job as Retirement Plan Administrator - 401(k)/DC Specialist for Altigro Pension Services, Inc.

Retirement Plan Administrator - 401(k)/DC Specialist

Altigro Pension Services, Inc.

Remote / Fairfield NJ / Hybrid

View job as Retirement Plan Administrator - 401(k)/DC Specialist for Altigro Pension Services, Inc.
View job as Administrative Assistant to President for Altigro Pension Services, Inc.

Administrative Assistant to President

Altigro Pension Services, Inc.

Fairfield NJ

View job as Administrative Assistant to President for Altigro Pension Services, Inc.
View job as Distributions & Communication Specialist for Compass

Distributions & Communication Specialist

Compass

Remote / Stratham NH / Hybrid

View job as Distributions & Communication Specialist for Compass

Selected New Discussions

Changing Force Out Amount After Plan Termination

"Plan terminated 12/31/2023 with force out at $1,000 (i/o $5,000). No SECURE amendment was made to increase to $7,000. I was not an issue as the participant with 1.5k balance was eager to get the monies but now not returning the distribution paperwork. Can the plan be amended now to increase the force out to 5k so that this participant can get paid the lump sum?"

BenefitsLink Message Boards

SECURE 2.0 Tax Credits for Safe Harbor 401(k) Replacing Little-Used SIMPLE IRA

"We currently offer SIMPLE IRA to employees. Offered to 5 employees in 2022, all [30] in 2023. However, only 3 took it -- most didn't even realize we have this plan. We are looking to terminate SIMPLE IRA and start safe harbor 401k with profit sharing. We will be offering to all employees. Would we be eligible to receive SECURE 2.0 Act tax credits? Can we say these plans are 'not substantially same' and hence claim tax credit?"

BenefitsLink Message Boards

Distributions to Missing Participants with Small Balances

"I have 4 missing participants with the following balances: $95.76; $52.07; $14.90; $39.56. We use Penchecks to process our 1099-Rs and we also pull the distribution fee that we charge from the participant's distribution. After all distribution expenses are deducted each of these payouts will have a negative balance. Can I zero these accounts out with expenses? or do I need to open missing person IRAs and get the expenses somewhere else?"

BenefitsLink Message Boards

Press Releases

The Retirement Planning Group Acquires $180 Million Watters Financial Services

Cetera

Prime Pensions Expands Footprint into Pennsylvania through Acquisition of Valley Forge Pension Management

Prime Pensions

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Navigating Dynamic QDIAs

RECORDED

Morningstar, Inc.

Keep It Simple, Sam! Designing Retirement Plans That Work!

September 12, 2024 WEBINAR

ASC

Retiree Medical Options and Valuation Considerations for Retiree Group Benefits

September 18, 2024 WEBINAR

Conference of Consulting Actuaries

Demand Stays Strong for Cash Balance Plans

September 18, 2024 WEBINAR

TRA [The Retirement Advantage]

Last Issue's Most Popular Items

Eleventh Circuit Affirms Summary Judgment for Home Depot on Fiduciary Breach Claims of Excessive Fees and Poor Investment Performance (PDF)

U.S. Court of Appeals for the Eleventh Circuit

Should Employers Get Ready to Comply with the FTC Noncompete Ban, or Wait It Out?

Armstrong Teasdale

Should Participants Get Lifetime Income by 'Default'?

Retirement Income Journal

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

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