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New Job Opportunity Today
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[Guidance Overview]
IRS Issues Guidance on Employer Matches of Qualified Student Loan Payments
"An employee's maximum QSLP for a year depends on the type of retirement plan that is involved.... A plan may not include provisions that limit QSLP matches to only certain qualified education loans, such as qualified education loans for an employee's own education, for a
particular degree program, or for attendance at a particular school ... A plan with a QSLP match feature may not include provisions that exclude employees from receiving QSLP matches even though those employees are eligible to receive elective deferral matches." MORE >>
American Retirement Association [ARA]
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[Guidance Overview]
Interim IRS Guidance Published on Student Loan Matching Payments
"[Notice 2024-63] uses a question and answer format to illustrate the rules for employers with 401(k), 403(b) and
governmental 457(b) plans to provide matching contributions based on qualified student loan payments [QSLP] ... The notice also separately outlines QSLP rules for SIMPLE IRA plans. The IRS is taking public comments on the notice, which applies to plan years beginning after Dec. 31, 2024." MORE >>
planadviser
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[Guidance Overview]
Final IRS Regs Released on Inherited IRAs
"The IRS has issued new regulations ... for required minimum distributions (RMDs) from inherited IRAs or other defined contribution plans. The finalized regulations, effective from 2025, mandate that many beneficiaries must take annual RMDs within the 10 years following the
original account holder's death." MORE >>
Clark Schaefer Hackett
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[Guidance Overview]
The New Fiduciary Rule, Part 44: The Regulation and Exemptions Are Stayed; What Remains?
"The DOL and SEC have come into alignment on their views about the factors to be considered in best interest 'account type' recommendations. While this article is based primarily on a Bulletin by the SEC Staff, the Bulletin is, by and large, an extension of SEC guidance, and particularly of Reg BI. As a result, much of the work done to comply with the DOL's stayed fiduciary regulation and exemptions [is] consistent with the requirements and risk management in SEC guidance." MORE >>
FredReish.com
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Third Circuit Holds Multiemployer Pension Fund Claim Cannot Be Enforced Due to Unreasonable Delay in Providing Notice of Withdrawal Liability Assessment
"[T]he fund alleged that the company effectuated withdrawal in 2005. The fund did not make a withdrawal liability demand until 2017 -- a full 12 years later.... As the Third Circuit held, if the fund fails to meet the 'as soon as practicable' requirement, the
assessment is not valid. In this holding the Third Circuit rejected the application of the common law laches doctrine entirely, finding that 'the Fund cannot recover the withdrawal-liability amount' where such an independent statutory requirement was not met, regardless of whether such failure prejudices the employer." [Allied Painting & Decorating, Inc. v. Int'l Painters & Allied Trades Indus. Pension Fund, 107, No. 23-1537 (3d Cir. Jul. 11, 2024)] MORE >>
Littler
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[Opinion]
Texas Judges Ignored ERISA's Core to Stall Fiduciary Rule
"Numerous courts have recognized that ERISA imposes fiduciary obligations not only on named fiduciaries, but on functional fiduciaries as well, who assume fiduciary status by taking on the function of 'rendering investment advice for a fee or other compensation.' Thus,
Chamber of Commerce's pronouncement that ERISA does not define fiduciary in functional terms is plainly wrong. Nor does the distinction between rendering investment advice and selling a product stand up to scrutiny. There is no meaningful difference between a fee-for-service investment adviser recommending the purchase of an annuity to their client and a life insurance salesperson making the same
recommendation." MORE >>
DeBofsky Law
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[Opinion]
Why Defined Benefit Plans Fail the Majority of Public Workers
"[B]oth common assumptions popularized by defined benefit plan sponsors -- that such pension plans are inherently better for most public employees and that their members will come to appreciate them under proper financial education -- are false. While members who work
for an entire career in a DB plan will earn a good retirement benefit ... most public employees do not remain in their positions long enough to vest full retirement benefits." MORE >>
Reason Foundation
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[Opinion]
Georgia's Teacher Pension System Needs Reform Amid Market Uncertainty
"Despite gradual assumption changes made to reduce the risk of future underfunding, the plan is still $27.7 billion short on the assets needed to pay for retirement promises made to teachers. This debt has caused the cost of TRS to balloon ... In 2010, the annual cost
of funding TRS was 10.41% of compensation. By 2025, the cost of providing the same benefit will be nearly 22%." MORE >>
Reason Foundation
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Executive Compensation and Nonqualified Plans |
NQDCs Are Becoming a Key Tool for Talent Management
"Plan sponsors are recognizing that saving for retirement requires more than it has in the past, both in real dollar terms and in benefits offered to plan participants.... [M]ore plan sponsors are opting to increase the eligibility for their existing NQDC plans or may consider
offering them for the first time.... More employers are beginning to offer matching contributions[.]" MORE >>
PLANSPONSOR; free registration may be required
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Employee Benefits Jobs
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Selected New Discussions |
Incorrect Information on SSA Letter 'Potential Private Retirement Benefit Information'
"Has anyone run into a situation where the SSA is sending out wildly incorrect account values to retired participants receiving the "Potential Private Retirement Benefit Information" letter? I currently have two participants who have reached out to me and sent copies of
the aforementioned letter which shows their account values as their recorded account value on the 8955-SSA with two additional zeroes added onto the reported figure. For example, one individual was reported on the 8955 as having an account value of $10,201 but the letter he received shows a reported account value of $1,020,100? I understand that this is a "may" letter, but that seems wildly inaccurate and for it to have happened to
two participants is a little disconcerting."
BenefitsLink Message Boards
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VCP Filing Guides?
"We're dealing with a likely VCP situation in a 403(b) plan, where the plan was [1] administered with a one-year wait, and [2] wasn't properly drafted to exclude part-timers. We have no experience with VCP filings, and were hoping to see if there's a
gold-standard guidebook out there on doing them, or perhaps some online resource where we can see other/sample filings. I think it doesn't strictly need to be 403(b) related, if there's a good resource for 401(k) that would probably help."
BenefitsLink Message Boards
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Recoupment of Overpayments
"I have a plan where 3 or 4 people were over-funded for profit sharing due to max comp issues, and severance being used. But of course they closed their account. I read 4 articles on SECURE 2.0
provisions and each was less clear than the last. None of them have nuts and bolts examples about what should be done. Do I have to ask for the money back? I can't tell. Does the Employer have to deposit the overpayment to the plan's forfeiture account? This would make no difference as the forfeitures are used to offset contributions anyway, but for the same reason it seems like a ridiculous requirement. The articles all seem to go
back a forth between distributions of vested money before they were eligible for a distribution, and payments of funds they were never entitled to, which is what I have here."
BenefitsLink Message Boards
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Press Releases |
Koa Health Launches Proactive Mental Health Solution For Employers to Unify and Simplify the Continuum of Care
Koa Health
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OneDigital Captives Solution Announces National Partnership with ParetoHealth
OneDigital
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Webcasts and Conferences (Retirement Plans / Executive Compensation) |
IRA Excess Contributions and Recharacterizations
September 26, 2024 WEBINAR
Ascensus
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Advanced Pension Plan Investments 2024
November 19, 2024 WEBINAR
PLI [Practising Law Institute]
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Last Issue's Most Popular Items |
Text of IRS Notice 2024-63: Guidance Under Section 110 of the SECURE 2.0 Act with Respect to Matching Contributions Made on Account of Qualified Student Loan Payments (PDF)
Internal Revenue Service [IRS]
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Year-of-Death RMD Deadline Extended for Beneficiaries
Slott Report
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Update on Forfeiture Cases
The Wagner Law Group
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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