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Retirement Plans Newsletter

September 26, 2024

4 New Job Opportunities 4 New Job Opportunities

 

[Official Guidance]

Draft of Instructions for 2024 IRS Form 5329: Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts (PDF)

Sep. 25, 2024. "What's New: [1] Distributions to victims of domestic abuse.... [2] Distributions for emergency personal expenses."  MORE >>

Internal Revenue Service [IRS]

[Sponsor]

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Sponsored by Enterprise Iron

[Guidance Overview]

IRS Requests Comments on SECURE 2.0 Act Saver's Match

"The RFI, which includes 29 questions across various topics, such as eligibility criteria, fund designation, and recovery tax for early distributions, is designed to gather feedback from stakeholders, including plan sponsors, tax preparers, and organizations serving lower-income individuals. Comments are due by Nov. 4, 2024."  MORE >>

MissionSquare

[Guidance Overview]

SECURE 2.0: Increased Catch-Up Contributions Starting in 2025

"Although employers are not required to offer catch-up contributions, if they do, all catch-up eligible participants must be provided the opportunity to make such contributions.... If an employer wants to continue to apply the age 50 catch-up limit for all participants, and not implement the increased catch-up under SECURE 2.0, it should confirm with its plan service provider that such an option is available, particularly if the plan uses the service provider's preapproved plan document."  MORE >>

Spencer Fane

Defendants Secure Another Win on Discretionary Use of 401(k) Plan Forfeitures

"The Thermo Fisher decision rationally describes why, for plans that allow forfeitures to be used for multiple purposes, employers should not be penalized in litigation for following the preexisting regulatory authority and commonly accepted, longstanding practices of 401(k) plan sponsors and fiduciaries." [Dimou v. Thermo Fisher Scientific, No. 23-1732 (S.D. Calif. Sep. 19, 2024)]  MORE >>

Groom Law Group

Is Joining A MEP or PEP The Right Plan Move?

"[1] Will employer and participant costs actually wind up being lower? ... [2] How are employer administrative and fiduciary duties reduced? ... [3] Is an employer protected from liability caused by the MEP/PEP provider? ... [4] Does the 'one size fits all' MEP/PEP model best serve plan needs? ... [5] Who has to be covered when an employer joins a MEP or PEP? ... [6] How can an employer ensure that there is appropriate plan cybersecurity protection? ... [7] How will compliance issues impact joining a MEP/PEP? ... [8] What about exiting the MEP or PEP?"  MORE >>

Boutwell Fay LLP

The Plan Sponsor’s Guide to PEPs

"Each section of the Guide takes 401(k) and 403(b) plan sponsors through the steps of how PEPs work and whether they are an appropriate approach for an employer; how to evaluate pooled plan providers; best practices for implementation and monitoring; and reviewing plan design and investment menus that can help meet the retirement needs of their participants. Alongside visual and practical guidance, Aon provides insights into its PEP model and shares its perspective as a pooled plan provider, or PPP, on how employers offering 401(k) and 403(b) benefits can successfully adopt and monitor PEPs."  MORE >>

AON, via Pensions & Investments

Defined Benefit Pension Risk Transfers Remain Big Business

"Life insurers fear that any change in the [DOL's] stance could have a chilling effect on the PRT market.... Pension advocacy groups opt for greater regulatory clarity to protect the safety of pension obligations.... Many in the retirement and insurance communities are wary of significant changes to the existing framework, as PRTs have become a common mechanism for defined benefit plans."  MORE >>

Forbes; subscription may be required

Senate Proposal Would Permit CITs in 403(b) Plans

"[The Empowering Main Street in America Act of 2024 (S 5139)] is one of several pending measures that aim to allow 403(b) plans to invest using the cheaper investment vehicle."  MORE >>

planadviser

A Look at GASB’s Post-Implementation Review of Pension Standards

"Earlier this year, the Governmental Accounting Standards Board (GASB) completed an extensive post-implementation review (PIR) of the pension standards issued in 2012, Statement No. 67, Financial Reporting for Pension Plans, and Statement No. 68, Accounting and Financial Reporting for Pensions. NCPERS spoke with the GASB team about the review and the report issued at its conclusion earlier this year."  MORE >>

National Conference on Public Employee Retirement Systems [NCPERS]

Key Rules for a Backdoor Roth IRA Contribution

"A backdoor Roth IRA contribution is accomplished by making a regular contribution to a traditional IRA and then converting the amount (or a portion of it) to a Roth IRA.... The conversion step has no deadline. However, it should be done immediately after the contribution to ensure that the contribution's gains accrue in the Roth IRA where it could eventually become tax-free."  MORE >>

Morningstar

How to Plan for Retirement If You're Behind at Age 50

"[1] Take advantage of catch-up contributions ... [2] Delay retirement ... [3] Review and adjust your budget ... [4] Reevaluate your investment strategy ... [5] Reduce debt ... [6] Consider downsizing ... [7] Delay Social Security benefit ... [8] Consider health care and long-term care costs ... [9] Seek professional financial advice ... [10] Stay positive and consistent."  MORE >>

Savant

[Opinion]

SPARK Institute Comments to IRS on Proposed RMD Regulations (PDF)

13 pages. "The Applicability Date should be delayed.... Plans should have flexibility as to spouses already receiving RMDs.... Election rule should not depend on whether participant died before the RBD.... Final regulations should clarify the treatment of a new spouse of the spouse.... Clarify implications of a Roth conversion after RMDs begin.... Provide reasonable rules for alternate payees with designated Roth accounts.... Clarify that QPDAs, in-plan annuities, and purchase of DB annuities are eligible.... Allow plan to rely on information from participant or insurer."  MORE >>

The SPARK Institute

Benefits in General

IRS Announces Special Per Diem Rates for Travel Away from Home Beginning October 1, 2024

"The per diem rules can greatly simplify the process of substantiating business travel expense amounts. If the amount of an allowance is deemed substantiated because it does not exceed the applicable limit, any unspent amounts do not have to be taxed or returned. If an employer pays per diem allowances that exceed what is deemed substantiated, however, the employer must either treat the excess as taxable wages or require actual substantiation. If substantiation is required, any unsubstantiated portion of the allowance must be returned or treated as taxable wages."  MORE >>

Thomson Reuters / EBIA

Tips for Maintaining Healthy Benefit Plans

"[1] Put a written plan in place and make sure it's compliant with [ERISA] ... [2] Ensure all summary plan descriptions (SPDs) are updated ... [3] Reconcile SPDs with your governing plan documents to eliminate conflicts ... [4] Look over plan eligibility requirements ... [5] Fully document any changes to the plan ... [6] Audit contributions ... [7] Make certain your 401(k) contributions are deposited quickly ... [8] Ensure pretax payments are made within a Section 125 plan ... [9] Audit your COBRA plans."  MORE >>

Clark Schaefer Hackett

Employee Benefits Jobs

View job as VP, Marketing (Non-Qual/COLI/BOLI) - Financial Services for Ascensus

VP, Marketing (Non-Qual/COLI/BOLI) - Financial Services

Ascensus

Dresher PA / Newton Center MA / Hybrid

View job as VP, Marketing (Non-Qual/COLI/BOLI) - Financial Services for Ascensus
View job as Actuarial Consultant for Nyhart, part of FuturePlan by Ascensus

Actuarial Consultant

Nyhart, part of FuturePlan by Ascensus

Remote

View job as Actuarial Consultant for Nyhart, part of FuturePlan by Ascensus
View job as ESOP Onboarding Specialist for Blue Ridge Associates

ESOP Onboarding Specialist

Blue Ridge Associates

Remote

View job as ESOP Onboarding Specialist for Blue Ridge Associates
View job as Distribution Specialist for Hicks Pension Services

Distribution Specialist

Hicks Pension Services

Remote / CA / UT

View job as Distribution Specialist for Hicks Pension Services

Selected New Discussions

Mandatory Auto Enrollment Workaround

"A lot of bigger companies use onboarding/hr systems that guide people through filling out employment paperwork. And some of them have a very low paid demographic for whom a 'blind' application of auto enrollment would result in a nightmare for clients. People making minimum wage have trouble paying for rent and groceries. How do we feel about a form with the following options (paraphrasing)? The point would be to get them to respond and make it easy for them to opt out. There are often language barriers and technology challenges, etc.

  • "By initialling here _____________,I confirm that the following statement applies to me: I understand the automatic enrollment provisions of the Plan and I do not wish to be automatically enrolled in payroll deduction contributions, nor to have my contributions automatically increased each year. If and when I decide to contribute to the Plan I will make an affirmative payroll deduction contribution election. If no election is made above you will be automatically enrolled in the Plan as described in the Automatic Contribution Arrangement Notice."

BenefitsLink Message Boards

Press Releases

PenChecks, Inc. Hires Senior Executive to Develop Strategic Partnerships

PenChecks Trust

401GO Welcomes Retirement Expert Sue Hardy to Enhance Client Support and Operations

401GO

Alvarez & Marsal Tax Expands Compensation and Benefits Offering with Dedicated Expertise for Private Equity Firms and Portfolio Companies

Alvarez & Marsal

Nominations for the NTSA Richard Ford Volunteer Service Award Now Accepted!

National Tax-Deferred Savings Association [NTSA]

Last Issue's Most Popular Items

Recent IRS Ruling Allows Sponsor to Let Employees Flex Their Benefits

Mercer

Eleven Firms to Pay More Than $88 Million Combined to Settle SEC's Charges for Widespread Recordkeeping Failures

U.S. Securities and Exchange Commission [SEC]

Why Pre-Tax Retirement Contributions Are Better Than Roth in Peak Earning Years

Nerd's Eye View

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

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