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Retirement Plans Newsletter

September 18, 2024

5 New Job Opportunities 5 New Job Opportunities

 

[Official Guidance]

Text of PBGC Interest Assumptions for Valuing Benefits in Single-Employer Plans, Q4 2024

"This final rule amends the [PBGC]'s regulation on Allocation of Assets in Single-Employer Plans to prescribe the spreads component of the interest assumption under the asset allocation regulation for plans with valuation dates of October 31, 2024-January 30, 2025. These interest assumptions are used for valuing benefits under terminating single-employer plans and for other purposes."  MORE >>

Pension Benefit Guaranty Corporation [PBGC]

[Official Guidance]

Text of IRS Notice 2024-67: Weighted Average Interest Rates, Yield Curves, and Segment Rates for September 2024 (PDF)

"This notice provides guidance on the corporate bond monthly yield curve, the corresponding spot segment rates ... and the 24-month average segment rates ... [as well as] the interest rate on 30-year Treasury securities ... as in effect for plan years beginning before 2008 and the 30-year Treasury weighted average rate[.]"  MORE >>

Internal Revenue Service [IRS]

[Official Guidance]

Draft of 2025 IRS Form W-4P and Instructions: Withholding Certificate for Periodic Pension or Annuity Payments (PDF)

"Complete Form W-4P to have payers withhold the correct amount of federal income tax from your periodic pension, annuity (including commercial annuities), profit-sharing and stock bonus plan, or IRA payments."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

The New Fiduciary Rule, Part 48: Recommendations to Transfer IRAs (DOL)

"[R]ecommendations to transfer IRAs (that is, either individual retirement accounts or individual retirement annuities) are, in some cases, likely to be considered fiduciary recommendations by the DOL under its 'old', and continuing, fiduciary definition -- the 5-part test. Of the 5 parts of the test, the part that is the most often relied on to avoid fiduciary status is the 'regular basis' requirement."  MORE >>

FredReish.com

2025 IRS Limits Forecast

"[F]inal predictions for the 2025 IRS limits ... using the year-to-date CPI methodology: [1] The maximum deferral for DC plans decreased from $24,000 to $23,500. [2] The catch-up contribution limit for DC plans decreased from $8,000 to $7,500. This in turn lowers the catch-up contributions for those aged 60 to 63 from $12,000 to $11,250."  MORE >>

Milliman

2024 Defined Contribution Consultant Study (PDF)

12 pages. "[T]he study identifies key findings related to target date solutions, retirement income, investment trends, and financial wellness programs. New topics explored in the 2024 research include managed accounts, alternative investments, and views on the value of active versus passive management."  MORE >>

T. Rowe Price

Exceptional Usefulness and Quality icon Is Pension Annuitization De-Risking or Adding More Risk?

"This article will describe the contents of Interpretive Bulletin 95-1, explain the current controversy over pension risk transfers, discuss DOL's position, and describe recent litigation challenging de-risking transactions and offer a prediction as to where that litigation may be headed.... The biggest question asked by the current litigation is whether pension plan participants need to wait for a default before they can expect to receive any relief."  MORE >>

DeBofsky Law

Fidelity Increases Data Security by Limiting Credential Sharing

"Some third-party fintech firms use credential sharing to access, manage, and trade within their clients' employer-sponsored retirement accounts ... without plan sponsor oversight. Credential sharing presents security risks to our customers ... Fidelity ... will begin taking steps to prevent platforms reliant on credential sharing from accessing and taking action in customer accounts held at Fidelity. This change is with customers' best interests in mind to enhance security and reduce customer data exposure."  MORE >>

Fidelity

What's Behind Fidelity's Move to Restrict 401(k) Login Sharing

"Fidelity's statement painted the move as the latest step in an ongoing effort to safeguard customer data and privacy.... [It] remains to be seen how other big firms might react. What is clear is that the manifold tension between meeting clients' and advisors' expectations about account access while also maintaining account security and protecting established firms' market share from leakage won't be resolved overnight."  MORE >>

ThinkAdvisor

Retirement Plan Sponsors Must Protect Against Forfeiture Suits

"For plan sponsors who use forfeitures to pay employer contributions, perhaps the most effective measure they can take is to codify this arrangement ... by amending their 401(k) plan document ... Plan sponsors might amend their plans to state that employer contributions are reduced by the amount of administrative expenses paid on participants' behalf via forfeiture funds."  MORE >>

Bloomberg Law

The Unintended Consequences of Benefit-Tier-Related Pension Reforms

"A decade or more after common pension reforms that created lower-cost, less generous benefit tiers for public employees, there is increasing pressure to reverse those changes. This article explores the unintended consequences of those reforms on employee behavior, morale, and the broader impact to help understand why this trend is occurring now."  MORE >>

National Conference on Public Employee Retirement Systems [NCPERS]

Benefits in General

DOL's Claims Procedure Regs Survive Loper Bright Challenge

"[T]he court ruled that Reliance's challenge was untimely ... The regulation had been the same for many years, Reliance had never challenged it before, and thus could not now.... Reliance argued that the Department's regulation dictated the standard of review ... But the court responded that 'the regulation merely sets a time limit for claim exhaustion; it does not mandate or direct the courts to apply a particular standard of review as Reliance suggests.' " [Cogdell v. Reliance Standard Life Ins. Co., No. 23-1343 (E.D. Va. Sept. 11, 2024)]  MORE >>

Kantor & Kantor

Impact of Supreme Court's Loper Bright Decision: FAQs

"Now, federal courts must exercise independent judgment when determining the best interpretation of a statute and cannot simply defer to agency interpretations, even when they are reasonable. This will likely increase courts' scrutiny of federal agency regulations that are subject to legal challenges. These FAQs provide high-level information about the case and its potential impact on employee benefit plans and their sponsors."  MORE >>

Mercer

Executive Compensation and Nonqualified Plans

Split Dollar Life Insurance as a Deferred Comp Tool for Not-For-Profit Organizations

"Life insurance, specifically a split dollar life insurance agreement, is often an overlooked executive benefit strategy that can help level the playing field for not-for-profit organizations. A well-designed split dollar life insurance agreement can help an NFP attract and retain talented employees even in a competitive marketplace."  MORE >>

OneDigital

Unlocking the Power of Equity-Based Incentive Compensation: Basics of Restricted Stock, Restricted Stock Units, and Performance Stock Units

"This article will provide an overview of restricted stock, stock-settled restricted stock units (RSUs), and performance stock units (PSUs). As an overview, this article will address only certain key aspects of restricted stock, RSUs, and PSUs.... The article focuses on privately-held companies[.]"  MORE >>

Foley & Lardner LLP

Employee Benefits Jobs

View job as Regional Sales Director- East Coast for Retirement Plan Consultants

Regional Sales Director- East Coast

Retirement Plan Consultants

Remote / DE / GA / MD / NC / NJ / PA / SC / TN / VA / WV

View job as Regional Sales Director- East Coast for Retirement Plan Consultants
View job as DB/DC Retirement Plan Administrator for CMC Pension Professionals

DB/DC Retirement Plan Administrator

CMC Pension Professionals

Remote

View job as DB/DC Retirement Plan Administrator for CMC Pension Professionals
View job as DC Retirement Plan Consultant for EGPS

DC Retirement Plan Consultant

EGPS

Remote / Franklin Square NY

View job as DC Retirement Plan Consultant for EGPS
View job as Retirement Plan Sales Consultant for Primark Benefits

Retirement Plan Sales Consultant

Primark Benefits

Remote / CA / NV / OR / WA

View job as Retirement Plan Sales Consultant for Primark Benefits
View job as Combo Plan Consultant for Pinnacle Plan Design

Combo Plan Consultant

Pinnacle Plan Design

Remote

View job as Combo Plan Consultant for Pinnacle Plan Design

Selected New Discussions

QACA Vesting Schedules

"I am working on a plan that has a QACA. The plan has one group of participants hired before a certain date as 100% vested in the QACA match. The group of participants hired after that same date is subject to a 2 year cliff schedule for the QACA match. Is this permissible? The two groups do not fall under the permissible disaggregation rules as the difference is based on hire date only. Any thoughts?"

BenefitsLink Message Boards

Extracting Anniversary Year Hours

"Has anyone found a way to extract hours of service from date of hire to first anniversary date for newly hired employees? We haven't had any luck pulling hours reported per payroll across plan years at a participant level."

BenefitsLink Message Boards

Last Issue's Most Popular Items

District Court Dismisses Lawsuit Related to Use of Forfeitures

Groom Law Group

The Role of Annuities in Defined Contribution Retirement Plans

Wilshire

The Success of Defined Contribution Plans and the Road Ahead (PDF)

T. Rowe Price

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

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