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Retirement Plans Newsletter

August 8, 2024

New Job Opportunity Today New Job Opportunity Today

 

[Official Guidance]

Draft of 2024 IRS Form 5329: Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts (PDF)

Aug. 7, 2024. "Attach to Form 1040, 1040-SR, 1040-NR, or 1041.... If you only owe the additional 10% tax on the full amount of the early distributions, you may be able to report this tax directly on Schedule 2 (Form 1040), line 8, without filing Form 5329."  MORE >>

Internal Revenue Service [IRS]

[Sponsor]

Webinar - What’s Happening on the Hill: PBGC, NCCMP, Morgan Lewis

Join a live discussion on Thursday, August 15th to learn about current and proposed pension related mandates from the PBGC and DOL. Panelists: Jim Donofrio, Mariah Becker and Randall McGeorge. Host: Berwyn University.

Sponsored by Berwyn Group

[Guidance Overview]

IRS Finalizes Rules on DB Plans' Substitute Mortality Tables

"The rules are effective for 2025 and later plan-year valuations, but IRS is providing transition relief for some sponsors using previously approved substitute mortality tables. IRS also has extended the deadline for some sponsors to apply to use plan-specific mortality for 2025."  MORE >>

Mercer

[Guidance Overview]

IRS Reporting Requirements for Foreign Retirement Plans

"One of the preliminary questions that a U.S. Taxpayer must consider in determining how to report a foreign retirement plan -- and which tax forms to file -- is whether or not the retirement plan is considered an employment retirement plan or a personal retirement plan. The U.S. government generally provides better tax treatment for employment-based retirement plans such as a 401-K equivalent than it does for personal retirement plans where the foreigner invests in foreign mutual fund-wrapped 'personal' retirement plans."  MORE >>

Golding & Golding

[Guidance Overview]

CRS Report: Retirement Benefits for Federal Law Enforcement Personnel

16 pages. "Certain federal employees who perform specific duties, as defined in statute, are classified as law enforcement officers (LEOs) for the purpose of federal retirement benefits. LEOs and a few legislatively designated groups, including federal firefighters and air traffic controllers, are eligible for enhanced retirement benefits ... Many employees in law enforcement occupations are not recognized as LEOs by their agencies and the Office of Personnel Management for the purposes of federal retirement coverage and, consequently, are not eligible to receive enhanced retirement benefits" [R42631, updated Aug. 8, 2024]  MORE >>

Congressional Research Service [CRS]

Escape from the QLAC: IRS Clarifies Rules on Longevity Annuity Exchanges

"Provisions in the new RMD regulations could let clients move some cash from one QLAC to another.... [S]ome cover QLAC basics, and some are starting to get at the kinds of currently obscure QLAC features and limitations that may eventually spawn litigation, legislation, compliance webinars, and product and plan design creativity."  MORE >>

ThinkAdvisor

DOL Reviewing Options with Fiduciary Rule, Working on SECURE 2.0 Guidance

"With two recent court decisions putting a halt to the [DOL's] final investment advice fiduciary rule, the Department is currently holding internal discussions to determine next steps [said Ali Khawar, EBSA Principal Deputy Assistant Secretary] ... Khawar explained that retirement plan leakage is a major issue the DOL is looking at from several different aspects.... [and] noted that the DOL is considering guidance on emergency savings under the SECURE 2.0 Act ... Khawar also noted that changes to the voluntary fiduciary correction program are close to being finished, and they hope to have that out in the next few months."  MORE >>

National Tax-Deferred Savings Association [NTSA]

Is Your Retirement Plan Missing Out on Private Equity?

"Should defined-contribution plans offer exposure to private equity? Some investment advisors are now adding the asset class to the target-date strategies offered in their defined-contribution plans -- including alternatives such as private equity, private real estate, and more."  MORE >>

Morningstar

How 403(b) Plans Became More Like 401(k) Plans

"The choice between plan types has become a less monumental one, given how comparable the plans have become.... A few differences remain between 403(b) plans and 401(k) plans. These include an extra catch-up contribution for long-term 403(b) plan participants nearing retirement and the requirement for 401(k) plans to conduct -- and pass -- actual deferral percentage testing."  MORE >>

PLANSPONSOR; free registration may be required

State-Mandated Auto-IRA Programs Boost Retirement Readiness

"The overarching goal is to provide a retirement savings option for small business employees who otherwise would not have access to such plans. As states start to adopt these Auto-IRA programs, an increase in new employer-sponsored retirement plans has occurred as employers take steps to move forward with their own retirement plans."  MORE >>

TRI-AD

PBGC Nominee Will Need to Navigate Concerns Over Agency's Pension Bailouts

"The nominee to head the federal government's private pension insurer stands to lead an agency that is flush with cash, but first she must confront criticism of its work, including scrutiny of a mistaken overpayment of bailout funds to a Teamsters' plan. Deva Kyle has an insider's view of the [PBGC], as a former agency employee for 13 years who has also held government roles at the Treasury Department and the House of Representatives."  MORE >>

Bloomberg Law

A Public Pension and Full Social Security Benefits? No Way

"Under federal law, any Social Security benefits you earned will be reduced if you were a federal, state or local government employee who earned a pension on wages that Social Security did not cover. Reductions also apply to Social Security spousal or survivor benefits claimed by government pensioners."  MORE >>

Kiplinger

Benefits in General

Senate and House Differ on DOL Budget, Retirement Security Rule, ESOP Issues

"The Senate version would appropriate $13.8 billion in total for the DOL, just shy of the $13.9 billion that Acting Secretary of Labor Julie Su requested in April. The Employee Benefits Security Administration (EBSA) would receive $206.1 million of that total, an increase from its 2024 budget of $191.1 million. Su had requested $205.7 million. The House version would provide $10.5 billion to the DOL and $181.1 million to EBSA."  MORE >>

American Retirement Association [ARA]

Lawsuits Lead to Inconsistent Judicial Rulings Regarding the FTC's Noncompete Ban

"Employers should remain mindful that the notice requirement does not apply to the Rule's enumerated exceptions. That is, employers do not need to deliver notice to workers [1] who are considered highly compensated senior executives (as defined in the Rule) with existing noncompetes or [2] entered into a noncompete pursuant to the bona-fide sale of a business. Employers likewise do not need to deliver notice to a worker in a situation where causes of action related to an existing noncompete accrued before the final rule."  MORE >>

Winstead

Employee Benefits Jobs

View job as Compliance Specialist - Retirement for GuideStone Financial Resources

Compliance Specialist - Retirement

GuideStone Financial Resources

TX / Hybrid

View job as Compliance Specialist - Retirement for GuideStone Financial Resources

Selected New Discussions

Bank Has Converted DB Plan Account to a Personal Account

"A DB Plan, owner only, had the assets held in a checking account for about 15 years. It was a checking account in the name of the plan..ie John Inc. DB Plan, and the corporate EIN. The bank now sent a letter that they are converting the account from business account to a personal account and in a separate email the bank states that the EIN will be taken off the account and the owner's Social Security number will be used on the new account. Question: Can this be deemed a taxable distribution (even though it was does against his will), and is it a problem to keep the new account as is with the Social Security number, if the account is still labeled Defined Benefit Plan?"

BenefitsLink Message Boards

Enrollment Restrictions for Non-Profit 401(a) Plan

"My HR department at a NON-Profit has informed me that, according to IRS guidelines, I am only eligible to enroll in a 401(a) plan within the first 12 months of my employment. They have also indicated that I would not be able to enroll during any open enrollment periods thereafter due to these IRS restrictions. I also was never told about the 401(a) company guidelines of enrollment as i never had to complete orientation which had the class where it would have been the only time your notified about this. as per my instructions of my manager (it not important you can do it later) that was 2 years ago still haven't. I am seeking your assistance to verify the accuracy of this information. Could you please confirm if there is an IRS guideline that restricts 401(a) plan enrollment to the first 12 months of employment? If such a guideline exists, could you kindly provide me with the specific reference or documentation that outlines this rule?"

BenefitsLink Message Boards

Press Releases

Thompson Coburn Welcomes Employee Benefits Litigator Michael Graham as Partner in Chicago

Thompson Coburn LLP

Hub International Enhances Retirement Services with Acquisition of Clark 401(k) Consulting, LLC in California

HUB International

Employees First Announces Benefits-Captive-as-a-Service™ Model for Transparency in Voluntary Benefits

Employees First

Leading Producer Matt Solomon Representing TRA Once Again

TRA [The Retirement Advantage]

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Stock Comp In M&A: 5 Things You Need To Know

RECORDED

myStockOptions.com

Getting Started with Managing Operational Risk

RECORDED

Segal

The Latest and Greatest EPCRS Solutions

September 3, 2024 WEBINAR

ASPPA [American Society of Pension Professionals & Actuaries]

Employee Benefits Plans: What You Need to Know for 2025

September 4, 2024 WEBINAR

Troutman Pepper

ERISA's Beginning: A Discussion with Practitioners Who Were There

September 5, 2024 WEBINAR

Eversheds Sutherland

Retirement Income Solutions: Recordkeeper Study Results

September 5, 2024 WEBINAR

Defined Contribution Institutional Investment Association [DCIIA]

Navigating Data Privacy and Cybersecurity Risks for ERISA-Regulated Plans: Key Issues for Plan Sponsors and Administrators

September 12, 2024 WEBINAR

Strafford

Last Issue's Most Popular Items

Eleventh Circuit Rules for Home Depot, Rebuffs DOL in 401(k) Lawsuit

Pensions & Investments

When Are Those SECURE 2.0 Technical Corrections Coming?

American Retirement Association [ARA]

Coverage Rules: Average Benefit Test and the Minimum Participation Rule

Employee Benefits Law Group

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

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