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Retirement Plans Newsletter

September 11, 2024

2 New Job Opportunities 2 New Job Opportunities

 

[Guidance Overview]

DOL QPAM Notification Deadline Fast Approaching

"QPAMs are newly required to notify the DOL ... if they rely on the exemption. The initial deadline for this notification is Sunday, September 15, 2024. (Given that the deadline falls on a Sunday, it is reasonable to assume QPAMs may have until Monday, September 16th; however, as the DOL has not yet confirmed this, it is safer to provide the notice on or before September 15th.)"  MORE >>

Morgan Lewis

[Sponsor]

Retirement Saving, Pensions, and ERISA at 50: Where Do We Go From Here?

Complimentary webinar Sept. 18. Mark Iwry will share his perspective on current and future developments and proposed reforms to strengthen the retirement system. For nearly three decades, Mark has fervently worked to craft national policies and develop innovative retirement solutions.

Sponsored by WEB Network

[Guidance Overview]

New RMD Rules for Spousal Beneficiaries of Retirement Accounts

"[S]urviving spouses ... can delay their RMDs until the original account owner would have reached the required age for starting RMDs if they were still alive.... Prior to 2024 ... spousal beneficiaries faced complex tradeoffs when deciding whether to leave the account as an inherited account or to roll it over into their own name.... SECURE 2.0 Act created a new option for surviving spouses that changes the calculus for deciding which option to choose from."  MORE >>

Nerd's Eye View

Eighth Circuit Reiterates Need for Meaningful Benchmarks with Apples-to-Apples Comparisons in Fee Cases

"The comparators on which plaintiffs relied either did not provide any additional services or, in some instances, provided a different bundle of services for their fees. In the court's view, comparing the costs in these circumstances was akin to comparing the costs of two different grocery baskets containing different items: an essentially meaningless comparison between apples and oranges.... The court concluded that the aggregate data simply did not contain sufficient detail to determine whether the data 'provided a sound basis for comparison.' " [Barrett v. O'Reilly Auto., Inc., No. 23-2501 (8th Cir. Aug. 29, 2024)]   MORE >>

Kantor & Kantor

Massachusetts District Court Permits 403(b) Plan Fiduciary Breach Claims to Proceed

"[T]he court's holding that plaintiffs had standing, despite not alleging that they invested in any of the challenged investments, is at odds with other district court decisions finding that plaintiffs lacked standing under similar circumstances. Furthermore, the court's refusal to consider the argument that plaintiffs failed to identify 'meaningful benchmarks' in support of their recordkeeping and investment claims adds a decision to the column of those courts that have ruled similarly, on the ground that this is a factual issue. But it is contrary to the established pleading standard in multiple Circuit Courts[.]" [Somers v. Cape Cod Healthcare, Inc., No. 23-12946 (D. Mass. Aug. 30, 2024)]  MORE >>

Proskauer

ERISA Advisory Council Delves Into QDIA Retirement Income Offerings

"Retirement experts speaking on the first of a three-day series of sessions discussed different product offerings to show how defined contribution in-plan annuity options are currently being offered."  MORE >>

PLANSPONSOR; free registration may be required

Interest Rates Have Risen from Historic Lows; Does That Mean We Can Raise Our Assumed Rate of Return? (PDF)

"This article offers public plan stakeholders some considerations about the potential impact of these increases on the assumed rate of investment return assumption used in actuarial valuations. In addition to actuarial assumptions, plan stakeholders must consider other factors such as the stability of plan contributions and the plan's risk characteristics."  MORE >>

GRS

How Asset Allocations of Public Pension Plans Have Shifted

"Public pension plans today are increasingly investing in private equity, real estate and venture capital ... While public pension assets have more than doubled since 2010, and employers have been contributing more to plans, ... overall funded status has remained relatively flat in recent years, with an average funding level of about 75%."  MORE >>

PLANSPONSOR; free registration may be required

Corporate Pension Funded Status Suffers 2024's Largest Monthly Drop in August

"[T]he Milliman 100 PFI plans' funded ratio dropped from 103.6% at the end of July to 102.8% as of August 31.... As discount rates slid from 5.30% in July to 5.10% in August, the plans' projected benefit obligation rose $27 billion, to $1.310 trillion, while their funding surplus shrank by $10 billion, reaching $36 billion as of August 31."  MORE >>

Milliman

Legislation Introduced to End Tax on Social Security Benefits

"About 40% of retirees pay income taxes on a portion of their benefits.... The Social Security Tax Freedom Act [HR 9359] would remove the requirement for Social Security benefits to be included in taxable income.... [T]he missing tax revenue would be made up through congressional appropriations, a change that Social Security advocates warn would change the very nature of the program and put benefits at risk for future cuts."  MORE >>

ThinkAdvisor

Benefits in General

[Guidance Overview]

All Employer-Sponsored Benefit Plans Now Must Be Alert to Cybersecurity

"[Compliance Assistance Release No. 2024-1] makes clear that the cybersecurity guidance issued in 2021 is applicable to ALL types of ERISA plans -- including health and welfare plans. The EBSA estimates that there are 153 million participants in private sector ERISA-governed plans, which includes 2.18 million health plans."  MORE >>

Holland & Hart LLP

Contributions Among Workers with Both HSAs and LPFSAs

"[I]ndividuals who own both a health savings account (HSA) and a limited purpose flexible spending account (LPFSA) ... contribute more to their HSAs compared to those who only have an HSA. But based on distribution activity, workers are not fully taking advantage of these accounts and their tax saving benefits."  MORE >>

Inspira Financial

Executive Compensation and Nonqualified Plans

Tips For Stock Options, RSUs, and ESPPs

"Start with your personal goals.... Be realistic with yourself.... Know how much tax will be withheld.... Sell the company shares or hold them?.... Automate selling under your plan where possible.... Capital gains tax."  MORE >>

myStockOptions.com

Employee Benefits Jobs

View job as Retirement Plan Consultant/ Relationship Manager for Associated Pension Consultants

Retirement Plan Consultant/ Relationship Manager

Associated Pension Consultants

Chico CA / Chico CA / Sacramento CA / Hybrid

View job as Retirement Plan Consultant/ Relationship Manager for Associated Pension Consultants
View job as VP Sales Consultant (Retirement) - Indiana Territory for FuturePlan, by Ascensus

VP Sales Consultant (Retirement) - Indiana Territory

FuturePlan, by Ascensus

Remote

View job as VP Sales Consultant (Retirement) - Indiana Territory for FuturePlan, by Ascensus

Selected New Discussions

Can Employer Limit 403(b) Contributions to Those Employed on Date of Contribution?

"Employer wants to limit contributions to situations only if employee is employed on date of contribution. Currently, employee vests in a contribution and then the contribution is made let's say 1 month after the vesting date. Employer wants to amend plan so that if the employee is not employed on date of contribution, then they don't get the contribution. Is that even permissible ?"

BenefitsLink Message Boards

Controlled Group Rules in Year of Business Sale

"Married clients own two companies in a controlled group, business 'A' with W-2 employees and business 'B' with only spousal employees (real estate holding company with s-corp election). Neither company offered a retirement plan. Business A has been sold effective 9/1/24. If Business B were to create a solo 401k plan with a 10/1 adoption date, would controlled group rules still apply for the remainder of 2024 tax year?"

BenefitsLink Message Boards

Must an Employer's Payroll Impose a During-The-Year Cutoff on Elective Deferrals?

"In 2025, a particular participant's limit on elective deferrals might involve four (or more) variations, turning with the participant's age (0-49, 50-59, 60-63, 64+). Some employers might try, in payroll, to impose a during-the-year cutoff on Section 401(k), Section 403(b), or Section 457(b) elective deferrals. But some employers might lack software or other ways to impose such a cutoff reliably. For some, imposing an unnuanced cutoff could deprive a 60-63 participant or even participants older than 49 of what might be a legitimate elective deferral.

"How important is it to apply a cutoff during a year? Or is it good enough that each January an employer checks the recently closed year's sum of amounts paid over for elective deferrals to find each individual with an excess and instruct a corrective distribution? In which situations would an excess deferral not be corrected by a corrective distribution or by W-2 reporting?"

BenefitsLink Message Boards

Press Releases

Voya Financial to Acquire OneAmerica Financial's Retirement Plan Business

Voya Financial

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

PIMCO DC Consulting Survey

RECORDED

CAPTRUST Financial Advisors

Last Issue's Most Popular Items

De Minimis Compensation: Don't Count It Out

KLB Benefits Law Group

DOL Updates Cybersecurity Guidance for All Employee Benefit Plans

Kutak Rock LLP

Can a Murderer Collect Life Insurance Under ERISA?

DeBofsky Law

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

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