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Retirement Plans Newsletter

September 16, 2024

2 New Job Opportunities 2 New Job Opportunities

 

[Official Guidance]

Draft of 2024 IRS Form 8606: Nondeductible IRAs (PDF)

Sep. 13, 2024. "Complete this part only if one or more of the following apply. [1] You made nondeductible contributions to a traditional IRA for 2024. [2] You took distributions from a traditional, traditional SEP, or traditional SIMPLE IRA in 2024 and you made nondeductible contributions to a traditional IRA in 2024 or an earlier year.... [3] You converted part, but not all, of your traditional, traditional SEP, and traditional SIMPLE IRAs to Roth, Roth SEP, or Roth SIMPLE IRAs in 2024 and you made nondeductible contributions to a traditional IRA in 2024 or an earlier year."  MORE >>

Internal Revenue Service [IRS]

A Brief Guide to Qualified Disclaimers for Retirement Plan Administrators

"A 'qualified disclaimer' is a tax-effective way to refuse a transfer of property that would otherwise occur on someone's death. From time to time, retirement plan administrators may be contacted by a beneficiary who wants a deceased participant's benefit to go to a contingent beneficiary or the participant's estate. The way to make that happen is a qualified disclaimer."  MORE >>

Verrill Dana LLP

Regular Review of Compensation Definition in Plans Can Forestall Mistakes (PDF)

"Correcting any qualification failure swiftly is important, but it is particularly crucial in the case where there is a mistake in plan compensation when determining plan contributions.... [E]ven a small error can have significant ramifications if left unchecked, including the amount of the correction, the earnings that will apply to the correction, and whether it can be self-corrected. Having tight procedures in place, and following those procedures, can reduce, or even eliminate this type of costly failure."  MORE >>

KLB Benefits Law Group, via Bloomberg Law

Make the Most of Your Retirement Plan Committee Meetings

"[E]ffective preparation for plan committee meetings is a multifaceted endeavor, but doing so in a careful and structured manner should enable the committee to cover the many areas of plan administration, functionality, regulation changes, and investment evaluation.... [1] Prepare a structured agenda ... [2] Assign pre-meeting homework to committee members ... [3] Plan meeting topics out a whole year ahead."  MORE >>

PlanPILOT

ERISA Fiduciaries Need Hard Data for Post-Chevron Protection

"ERISA fiduciaries lack clear answers on how Loper Bright might impact their role in selecting plan investments, especially when selection leans towards environmental, social, and governance marketplace participation. Investment data used in decision-making must be reliable and accurate, especially when financial factors can be considered in a tiebreaker."  MORE >>

Bloomberg Law

Study Debunks the ERISA Plaintiff Bar Theory That All Large-Plan Recordkeeping Is a Commodity

"[A recent study] analyzes how plan size, managed accounts, and choice of investment manager affect recordkeeping costs.... [The key] finding is that the number one way to discount recordkeeping fees is by offering the investment options sponsored by the recordkeeper.  ... This means that it is not meaningful to compare the recordkeeping fees of individual jumbo plans, particularly for the purpose of inferring fiduciary malpractice, because there are material differences in how fees are calculated."  MORE >>

Encore Fiduciary

Do 457 Plans Have Fiduciary Duties?

"457 plans are outside the governance of ERISA jurisdiction, but municipal retirement boards and their members should still pay heed to certain areas of this legislation. Retirement boards have a responsibility to act exclusively in the best interest of plan participants.... [O]ne does not have to make decisions to be a fiduciary, and simply having authority to make decisions makes you a fiduciary. Additionally, your domicile state may place additional obligations on you and your fiduciaries."  MORE >>

The Baldwin Group

Competitive Pension Risk Transfer Costs Decrease During August

"During August, the estimated cost to transfer retiree pension risk to an insurer in a competitive bidding process dropped nearly two percentage points, from 102.5% of a plan's accounting liabilities (accumulated benefit obligation, or ABO) to 100.8% of those liabilities.... During the same time period, the average annuity purchase cost across all insurers in our index also decreased, from 104.9% to 104.1%."  MORE >>

Milliman

Don’t Undervalue Your Sources of Lifetime Income

"[If] your spending liabilities are calculated based on the assumption of living longer than your 'expected' lifetime, your lifetime income assets should be calculated on the same consistent basis.... if your personal financial plan in retirement involves living 5 or 6 years longer than you expect, the value of lifetime income sources increases significantly relative to your spending liabilities, and this fact should not be ignored when making planning decisions."  MORE >>

Ken Steiner, FSA Retired

[Opinion]

Recommendations to the 2024 ERISA Advisory Council on QDIAs, Specifically Target Date Funds (PDF)

10 pages. "TDFs are not providing the level of protection near retirement that ... participants want and need. The Department should address this departure of common TDF practice away from the best interests of participants.... [T]he risk in most TDFs [is] excessive near their target date. It has benefited performance for the past 16 years because this has been the longest bull market on record."  MORE >>

Ronald Surz, Target Date Solutions

[Opinion]

Social Security's COLA: Let's Not Mess with the Index

"For decades critics have argued that the bundle of goods in the CPI-W does not represent the spending patterns of retirees and therefore understates the inflation actually experienced by older Americans.... Economists ... argue that the current CPI overstates inflation, because it does not account for how people change their buying habits in response to a price increase.... Shifting from the CPI-W to either the CPI-E or the chained CPI would have a noticeable effect on the cost of Social Security benefits over the next 75 years."  MORE >>

Center for Retirement Research [CRR] at Boston College

Benefits in General

ERISA at 50: Celebrating EBSA

"The passage of [ERISA] in 1974 launched a new era of financial security for America's workers, providing critical protections that have safeguarded their retirement, health, and other job-based benefits for 50 years.... This landmark legislation protects the interests of participants and their beneficiaries in employee benefit plans. Title I of ERISA is enforced by the Employee Benefits Security Administration (EBSA)."  MORE >>

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

Executive Compensation and Nonqualified Plans

[Official Guidance]

Draft of IRS Form 3922: Transfer of Stock Acquired Through an Employee Stock Purchase Plan Under Section 423(C) (PDF)

Sep. 13, 2024. "Instructions for Employee: You have received this form because [1] your employer (or its transfer agent) has recorded a first transfer of legal title of stock you acquired pursuant to your exercise of an option granted under an employee stock purchase plan, and [2] the exercise price was less than 100% of the value of the stock on the date shown in box 1 or was not fixed or determinable on that date."  MORE >>

Internal Revenue Service [IRS]

Employee Benefits Jobs

View job as Retirement Plan Administrator for Professional Benefit Services, Inc.

Retirement Plan Administrator

Professional Benefit Services, Inc.

Remote / Salem OR

View job as Retirement Plan Administrator for Professional Benefit Services, Inc.
View job as Pension Analyst (Defined Contribution) for Security Mutual Life Insurance Company of New York

Pension Analyst (Defined Contribution)

Security Mutual Life Insurance Company of New York

Remote / AL / AZ / CT / FL / IA / MA / MN / NC / NJ / NY / OH / PA / TX / Hybrid

View job as Pension Analyst (Defined Contribution) for Security Mutual Life Insurance Company of New York

Selected New Discussions

Merger - Testing and 5500

"Business A and business B are related, but their plans are not part of a controlled group. Business B is purchased by business A in November and the TPA included all income/contributions from both entities in the testing for business A's plan (SHNE was paid to plan A after the merge). However, each business was operating separate plans before that. I don't believe this is an issue because the plan's benefits are identical. Would testing need to be completed separately for plan B? Would both 5500s be marked as yes for permissive aggregation?"

BenefitsLink Message Boards

Funding for a Controlled Group

"Joe owns 100% of corporation and 100% sole-prop -- separate lines of bizs with separate income sources. Corporation has employees and sole-prop does not. Both entities adopted the plan. Joe's 2023 DB contribution is 200k split 50/50 between the 2 entities (his w2 from corporation was 165k and had 500k net c from sole-prop so 50/50 of the 401a17 limit). Joe asked if he could pay the full 200k from the corporation which was not the original agreement. Joe also asked if he could transfer 100k from sole-prop to the corporation and have the corporation put in the 200k but still deduct separately from each entity. Any thoughts/comments?"

BenefitsLink Message Boards

Correcting Contribution to Ineligible Solo 401(k)

"Owner of 3 companies (only one with employees) starts up a solo 401k in 2023 and doesn't make any funding until 2024. the funding isn't permitted because the employer has 40 staff in another company he owns. What is the correction method for this? Can this be withdrawn as a mistake of face? This owner is not taking a deduction for the solo funding for his 2023 taxes."

BenefitsLink Message Boards

Press Releases

Betterment for Advisors Changes Name to Betterment Advisor Solutions, Reflecting Expanded Functionality

Betterment

WTW Launches Flexible Benefits Service to Help Employers Boost Workforce Financial Health

WTW

DOL Sues R.B. Pamplin Corporation and Owner to Recover Millions in Retirement Funds for Pension Plan Participants

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

Marcia Wagner Appointed to Leadership Positions at American Benefits Council and American College of Employee Benefits Counsel

The Wagner Law Group P.C.

Heidi Lyon Selected for American College of Employee Benefits Counsel

Warner Norcross & Judd LLP

Abbott Admitted to American College of Employee Benefits Counsel

Vorys

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Kelly v. TIAA, the August Fifth Case Rocking the Pension World

RECORDED

The Fiduciary Institute

The Critically Important (and Increasing) Role of Retirement Plan Personalization

RECORDED

American Retirement Association [ARA]

Last Issue's Most Popular Items

Mercer Projects 2025 Retirement Plan Limits

Mercer

IRS Employee Plans News, Sept. 12, 2024

Internal Revenue Service [IRS]

Text of IRS Pre-Approved Plan Submission Procedures

Internal Revenue Service [IRS]

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

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