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Retirement Plans Newsletter

September 23, 2024

3 New Job Opportunities 3 New Job Opportunities

 

[Guidance Overview]

IRS Issues Guidance on Exceptions to 10% Early Withdrawal Penalty Under SECURE 2.0

"Plan sponsors will want to consider: [1] The limited tax savings of the emergency personal expense distribution likely makes it of limited utility to individuals and [2] The domestic abuse victim distribution raises the question of how many individuals would be willing to volunteer such information to receive a distribution.... [T]here is no meaningful need to adopt plan amendments and procedures for either emergency personal expense distributions or abuse victim distributions because otherwise eligible individuals are permitted to self-claim a tax deduction for amounts they are otherwise able to withdraw from the plan."  MORE >>

EisnerAmper

[Sponsor]

We’re Hiring! Join Our World-Class Support Team of ERISA Experts

Do you love problem-solving, creativity, and teamwork? Seeking a self-motivated pension professional to join ASC’s support team as a DC401(k) & 5500 Forms Software Support Specialist. Great benefits, great work-life balance, great team. Apply now!

Sponsored by ASC

DOL Files Last Minute Appeal of the Fiduciary Rule's Stay

"The [DOL] appealed to the Fifth Circuit Court on [September 20] to reverse a ruling from the District Court for Eastern Texas that temporarily suspended the implementation of the 2024 Retirement Security Rule, also known as the fiduciary rule. The move comes three days before its original effective date."  [Federation of Americans for Consumer Choice Inc. v. DOL, No. 24-0163 (E.D. Tex. Jul. 25, 2024; notice of appeal filed Sep. 20, 2024)]  MORE >>

American Retirement Association [ARA]

Fourth Circuit Grants Genworth Class Certification Appeal

"The U.S. Court of Appeals for the Fourth Circuit has granted plan sponsor Genworth Financial Inc. the chance to appeal a decision to give class action status to a group of participants who were invested in BlackRock Inc. target date funds through a workplace retirement plan.... [Genworth] argued that giving class action status in the case would have far-reaching consequences for ERISA fiduciary-breach cases, making such class certification a 'fait accompli,' according to the appeal." [Genworth v. Trauernicht, No. 24-220 (4th Cir. appeal granted Sep. 13, 2024)]  MORE >>

planadviser

DOL vs. IRS Rules: Courts Asked to Decide How 401(k) Retirement Plans Can Use Forfeiture Assets

"What started as a small law firm filing a handful of suits against 401(k) plans' use of forfeited funds has metastasized into a broad attack on sponsors that raises questions about reducing participants' expenses.... The eruption of lawsuits has been accompanied in the early stages by divergent federal court decisions that don't give plan sponsors -- and their ERISA attorneys -- a clear picture about how to defend against the lawsuits."  MORE >>

Pensions & Investments

Survey: Plan Sponsors Generally Satisfied with Recordkeeper Websites

"More than a third of respondents are very happy with their provider’s website with forty percent stating its pretty good for a website. Comments by ranking follow."  MORE >>

Plan Sponsor Council of America [PSCA]

More Americans Are Contributing 6% of Their Paycheck to Their 401(k)

"In 2023, almost 75% of Vanguard plans let workers contribute to a 401(k) immediately after getting hired. Not only that, but almost 50% of plans allowed participants to immediately vest in employer matching contributions in 2023.... Among plans with automatic enrollment, 33% enrolled workers at a contribution rate of 3% of their salary. But 29% of plans chose a default contribution rate of 6% of salary or more — nearly double the proportion from 2014."  MORE >>

MSN News

How Well Does the Bucket Approach to Retirement Planning Work in Practice?

"Christine Benz explains how the Bucket approach can help retirees, the pushback against this strategy, and how a fourth bucket can help you in retirement."  MORE >>

Morningstar

The Surge in Pension Risk Transfers, Explained

"As the retirement industry evolves from pension plans to 401(k) plans, PRTs allow firms to offload the burdensome administration of allocating pension plans. PRTs have helped firms bridge the transition, however, there [has] been a rash of class action lawsuits filed by former employees and retirees that claim their employers chose a risky insurer.... Increasingly, private equity firms are seeking to purchase stakes in annuity assets to gain access to a permanent capital stream."  MORE >>

BenefitsPro; free registration required

Public Pension Funded Ratio Rises in August

"[T]he Milliman PPFI funded ratio improved from 80.8% as of July 31 to 82.0% as of August 31. The PPFI plans saw estimated aggregate market returns of 1.5% in August, with individual plans' estimated returns ranging from 0.8% to 2.5%.... The deficit between estimated plan assets and liabilities shrank from $1.210 trillion at the beginning of August to $1.138 trillion at month's end, representing a $72 billion increase in funded status."  MORE >>

Milliman

PBGC 2022 Pension Insurance Data Tables Installment (PDF)

The tables summarize information on PBGC"s Single-Employer and Multiemployer Insurance Programs and the defined benefit pension system, which includes time-series data on PBGC"s finances and operations. The data on PBGC-insured defined benefit plans includes information on the number of plan participants, plan funded status, hybrid plans, frozen plans, risk transfer activity and Special Financial Assistance payments. Excel (XLSX) format also available.  MORE >>

Pension Benefit Guaranty Corporation [PBGC]

Benefits in General

[Official Guidance]

Text of IRS Notice 2024-68: 2024-2025 Special Per Diem Rates (PDF)

"This annual notice provides the 2024-2025 special per diem rates for taxpayers to use in substantiating the amount of ordinary and necessary business expenses incurred while traveling away from home, specifically [1] the special transportation industry meal and incidental expenses (M&IE) rates, [2] the rate for the incidental expenses only deduction, and [3] the rates and list of high-cost localities for purposes of the high-low substantiation method."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

Cybersecurity Isn't Just for Retirement Plans

"[T]he basic fiduciary requirements of ERISA apply to health and welfare plans too. Unfortunately, health and welfare plans are often left to insurers, and employers are unaware of the other requirements that can't be delegated to a vendor.... While much of cybersecurity best practices will involve the plan sponsor's IT personnel and third-party vendors ... [f]iduciaries must ensure that these policies and procedures are in place and being followed[.]"  MORE >>

KLB Benefits Law Group

Employee Benefits Jobs

View job as Software Support Specialist: DC/401(k) and 5500 Forms for Actuarial Systems Corporation - ASC

Software Support Specialist: DC/401(k) and 5500 Forms

Actuarial Systems Corporation - ASC

Remote

View job as Software Support Specialist: DC/401(k) and 5500 Forms for Actuarial Systems Corporation - ASC
View job as Retirement Plan Administrator (TPA) for Retirement Plan Consultants

Retirement Plan Administrator (TPA)

Retirement Plan Consultants

Norfolk NE

View job as Retirement Plan Administrator (TPA) for Retirement Plan Consultants
View job as Senior Retirement Analyst for Dunbar, Bender & Zapf, Inc.

Senior Retirement Analyst

Dunbar, Bender & Zapf, Inc.

Remote / Pittsburgh PA

View job as Senior Retirement Analyst for Dunbar, Bender & Zapf, Inc.

Selected New Discussions

Plan with No Value - How to Complete 5500-EZ?

"One-person plan that at one point had some assets -- never enough to need to file a 5500-EZ. All the money was invested in two limited partnerships.... that went bankrupt. So the two assets are literally worth zero. Now he's terminating the plan, and I've got to file a 5500-EZ for the final year. But it's going to start with $0 BOY; that seems like we're just asking for trouble. Any suggestions other than to wait for the inevitable letter from the IRS?"

BenefitsLink Message Boards

Conversion Held Hostage by a Participant

"A medical practice agreed to convert their plan from RK A to RK B. The plan has several self-directed brokerage accounts that are offered through RK As recordkeeping system so everything is (was) working fine. Upon notification that the plan was leaving, RK A told the Plan Sponsor that all assets in the SDAs would need to be liquidated and the cash transferred to the core accounts to then be liquidated and transferred to RK B. Dr. X, who is a partner / member / owner, but not a majority owner, refused to liquidate his positions because he has a specific Russian ETF that is illiquid and represents a $250k unrealized loss. The fund is actually in the process of being liquidated by the fund company, but there is no known timeframe for when this process will end. The Plan Sponsor still wants to convert from RK A to RK B but is at a standstill due to Dr X's refusal to liquidate his account. Dr. X is not eligible for in-service withdrawals so he can't distribute in-kind shares to an IRA. We have politely told him that he is potentially creating a fiduciary issue since he is taking his personal account into consideration and not doing what is in best interest of plan and other participants. Can anyone chime in with thoughts on how to proceed? If at all?"

BenefitsLink Message Boards

Press Releases

Empower Acquires OptionTrax to Deliver Integrated Equity Compensation Solutions

Empower

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

IRA Required Minimum Distributions

November 7, 2024 WEBINAR

Ascensus

Last Issue's Most Popular Items

ERISA Update: DOL Retirement Security Rule (PDF)

Groom Law Group, via The Investment Lawyer

IRS Schools Sponsors on SECURE 2.0's New Student Loan Match

Mercer

EBSA Updates Cybersecurity Guidance for Employee Benefit Plans

Varnum

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

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