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2 New Job Opportunities
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[Guidance Overview]
Navigating Non-Safe-Harbor Hardship Approvals
"[T]he best practice is to list on the plan document which non-safe harbor hardship events will be approved consistently. Broad language that puts a plan sponsor in a position to conduct a case-by-case analysis of whether each situation justifies a hardship distribution is not
ideal.... Even with a plan provision granting hardship distributions for home repairs that make the home livable leaves our bleeding-heart employer with a big responsibility to assess each case, based on its merits." MORE >>
Belfint Lyons Shuman
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[Guidance Overview]
Matching Puerto Rico 401(k) Participants’ School Debt Repayments (PDF)
"U.S. companies that provide matching contributions on qualified student loan payments for employees in retirement plans that are qualified in the United States and Puerto Rico must do so under the same terms and conditions for participants in both jurisdictions. P.R.-only
qualified plans may safely provide such QSLP matching contributions by following the relevant rules of I.R.C. Section 401(m)(4)(D) and (m)(13) ... In either case, the dual- or P.R.-only qualified
plan must be amended accordingly, and the corresponding amendment must be filed with the Puerto Rico Department of the Treasury (Hacienda)[.]" MORE >>
Carlos Gonzalez Law Office LLC, via Bloomberg Tax Management Memorandum
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[Guidance Overview]
Illinois Secure Choice Program: Has Your Restaurant Complied?
"The Secure Choice program works the same way for tipped employees as it does for others. In some rare cases, however, it is possible that a tipped employee's paycheck will not be large enough to fund Secure Choice payroll deductions. In that case, the employee may be able to
make arrangements for contributions to be transferred from his or her bank account. This situation is increasingly unlikely, however, as minimum wages continue to rise in many localities." MORE >>
ORBA
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Impact of a Failed ADP/ACP Test
"Companies that sponsor 401(k) plans rely on their service providers to complete the required annual nondiscrimination testing for the plan. Often the results are presented to the plan sponsor, perhaps just a pass/fail. If failed, results generally include the amount of the
refunds that need to be made to certain highly paid employees. However, there may be other options for employers to explore before issuing refunds." MORE >>
Newfront
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Fidelity Bans Pontera Password-Sharing for Its 401(k) Plans in Blow to the Fintech's Future
"The $4.5-trillion recordkeeper cites data security as the immediate concern but it also cites a clash between unauthorized, unidentified third-party advisors executing trades -- without plan sponsor oversight." MORE >>
RIABiz
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Eleven Firms to Pay More Than $88 Million Combined to Settle SEC's Charges for Widespread Recordkeeping Failures
"The firms were each charged with violating certain recordkeeping provisions of the Securities Exchange Act or the Investment Advisers Act or both. In addition, all but one of the firms failed to reasonably supervise their personnel with a view to preventing and detecting those
violations. The SEC's order against [one firm] also found that the firm failed to adopt and implement policies and procedures reasonably designed to prevent the firm and its supervised persons from violating recordkeeping requirements." MORE >>
U.S. Securities and Exchange Commission [SEC]
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PBGC Releases Updated Data Tables
"The updated tables reflect not only the improvement in the PBGC's finances, but also -- for the first time -- information
on Special Financial Assistance (SFA) payments." MORE >>
American Retirement Association [ARA]
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An Overview of State Hybrid Retirement Plans (PDF)
15 pages; rev. Sep. 2024. "Although hybrid plans have been in place in the public sector for decades, they have received increased attention in recent years as more states established hybrid plans on either an optional or mandatory basis. The growing attention to hybrids has
occurred amid the many adjustments states have made to public pension benefits and financing arrangements. " MORE >>
National Association of State Retirement Administrators [NASRA]
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The Role of State Governments in Funding Teacher Pensions
"[A]bout two-thirds of states explicitly provide funds for teacher pensions, with 15 of these states paying the full cost on behalf of schools. The remaining third of states implicitly help with pensions through basic state aid to schools, but this aid seems to have fallen
somewhat behind rising costs." MORE >>
Center for Retirement Research [CRR] at Boston College
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[Opinion]
Why Pre-Tax Retirement Contributions Are Better Than Roth in Peak Earning Years
"[T]here's a common line of thinking that people saving for retirement should avoid pre-tax retirement accounts entirely and contribute (or convert existing pre-tax assets) to Roth instead – regardless of which tax bracket they're in today.... [E]ven if taxes
do creep up nationally, individuals who are already in the highest tax brackets today are still likely to be in a lower bracket upon retirement – which makes it better to contribute to a pre-tax account today and then withdraw (or convert) the funds at a lower rate later on!" MORE >>
Nerd's Eye View
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Benefits in General |
[Guidance Overview]
DOL Confirms Cybersecurity Guidance Applies to All Employee Benefit Plans
"In the updated guidance, the DOL ... indicated that the plan fiduciary should find out if the service provider has any insurance that would cover losses caused by cybersecurity and identity theft breaches ... added additional detail on multifactor authentication
(MFA) ... [and] advised that participants should use longer passwords, not common passwords, and change their longer passwords only annually instead of more frequently." MORE >>
Data Matters, Sidley Austin LLP
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[Guidance Overview]
Recent IRS Ruling Allows Sponsor to Let Employees Flex Their Benefits
"A recent IRS private letter ruling (PLR) paves the way for a 401(k) plan sponsor to give employees flexibility to allocate an
employer nonelective contribution among other tax-favored benefit options.... [E]mployees can't receive the contribution in cash or as another taxable benefit." MORE >>
Mercer
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Benefits Are a Big Reason Employees Want to Work for the Federal Government
"[M]ore than two-thirds of those surveyed said that the availability of Federal Employees Health Benefits, the Thrift Savings Plan and the retirement annuity greatly or moderately influenced their decision to take a federal job. Similarly, more than three-quarters of employees
reported that the trio of benefit programs influenced their decision to remain in a government job." MORE >>
Government Executive
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Employee Benefits Jobs
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Selected New Discussions |
Long Term Part Time Employees and the '20 Hour Exclusion' in ERISA 403(b) Plans
"I've seen various opinions on this. One is that for purposes of DEFERRALS ONLY, (not employer contributions) the 'less than 20 hour exclusion' is no longer valid at all, and therefore all employees must be allowed to defer under the universal availability rule,
absent another valid exclusion category. Another is that the 'less than 20 hour' exclusion is still valid for deferrals, EXCEPT for LTPT employees. In other words, someone who works only, say, 6 hours per week could still be excluded for deferral purposes. I'm not 100% sure which is correct. From a practical standpoint, since most plans (of ours, anyway) don't use the 20 hour exclusion anyway, it isn't a giant problem for
most small plans regardless. Thoughts?"
BenefitsLink Message Boards
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Pension Plan Termination: Illiquid Assets
"I have a pension plan that is terminating. A number of assets in the plan are LLC's that are near worthless, but not easily sellable. The question is what is the best option to remove these assets from these plans before it is terminated."
BenefitsLink Message Boards
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Hardship for Bad Septic Tank?
"For the 'evicted from principal residence' category, would an uninhabitable house qualify? I have a participant whose septic system needs repairs. Without a septic system, the house will be considered uninhabitable and they will have to move out (albeit
temporarily)."
BenefitsLink Message Boards
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Press Releases |
Woodruff Sawyer Introduces WS Connect – A Proprietary Digital Platform for a Streamlined Employee Benefits Program
Woodruff Sawyer
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Webcasts and Conferences (Retirement Plans / Executive Compensation) |
What Employers Need to Know About Cybersecurity and Employee Benefits Plans
September 25, 2024 WEBINAR
Bond, Schoeneck & King, PLLC
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Your TSP Account: What to Think About When Nearing Retirement or Considering Leaving the Government
October 8, 2024 WEBINAR
Securities and Exchange Commission [SEC]
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Last Issue's Most Popular Items |
CRS In Focus: Social Security Benefit Taxation Highlights (PDF)
Congressional Research Service [CRS]
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Fiduciary Secures Victory at Trial in Excessive Fee Litigation
Groom Law Group
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IRS Issues Interim Guidance on Qualified Student Loan Payments
Trucker Huss
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Copyright 2024 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.
BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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