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Retirement Plans Newsletter

September 30, 2024

2 New Job Opportunities 2 New Job Opportunities

 

[Guidance Overview]

Update to the Qualified Professional Asset Manager Exemption (QPAM)

"QPAMs must now maintain records demonstrating compliance with the Exemption for six years from the date of any transaction relying on the Exemption and must make these records available to various regulatory agencies and certain benefit plan fiduciaries, contributing employers, and plan participants upon request."  MORE >>

Winstead

[Guidance Overview]

The New Fiduciary Rule, Part 49: NAIC Model Regulation for Recommendations to Transfer IRAs

"In its essence, the obligation requires that an insurance producer have a reasonable basis to believe that the recommended annuity addresses the consumer's needs in light of the consumer's financial situation and objectives, and the consumer's insurance needs. On the face of it, there doesn't appear to be a requirement to assess the consumer's current financial situation to determine if it is in the best interest of the consumer to stay 'as is' ... However, there are additional considerations for exchanges."  MORE >>

FredReish.com

Hedge Fund Inks Deal In ERISA 401(k) Investment Suit

"A Connecticut-based hedge fund that went bankrupt and owner George A. Weiss have agreed to pay $7.9 million to end an ex-worker's suit alleging the company plowed its employees' retirement savings into two substandard proprietary funds[.]" [Andrew-Berry v. George A. Weiss and GWA, LLC, No. 23-0978 (D. Conn. motion for settlement Sep. 27, 2024)]  MORE >>

Cohen Milstein

SECURE 2.0: New Statute of Limitations for Missed RMDs and Excess IRA Contributions

"[The U.S. Tax Court has] ruled that the new 6-year SOL for the excess IRA contribution penalty is not retroactive. Although the Court didn't address retroactivity of the 3-year missed RMD penalty SOL, the decision almost certainly applies to that penalty as well. This means there will continue to be no SOL protection for either penalty for years before 2022." [Couturier v. Comm'r, No. 19714-16 (162 T.C. No. 4 Feb. 28, 2024)]  MORE >>

Slott Report

Best Practices in Optional Defined Contribution Plans

"Choice plans -- plans that give the option to choose between a DB or a DC plan at the time of hiring -- are beneficial not just for the employee but can also benefit the employer. With the proliferation of unfunded pension liabilities among U.S. governments, optional DC plans can serve as valuable risk mitigation solutions."  MORE >>

Reason Foundation

Executive Compensation and Nonqualified Plans

[Official Guidance]

Draft of IRS Form 3921: Exercise of an Incentive Stock Option Under Section 422(b) (PDF)

Sep. 27, 2024. "Instructions for Employee: You have received this form because your employer (or transfer agent) transferred your employer's stock to you pursuant to your exercise of an incentive stock option (ISO). You must recognize (report) gain or loss on your tax return for the year in which you sell or otherwise dispose of the stock."  MORE >>

Internal Revenue Service [IRS]

Employee Benefits Jobs

View job as PSI Retirement Business, Sr. Associate for Principal

PSI Retirement Business, Sr. Associate

Principal

IA / NC

View job as Associate Director of Compliance, Employee Benefits for The Baldwin Group

Associate Director of Compliance, Employee Benefits

The Baldwin Group

Remote / Tampa FL

View job as Associate Director of Compliance, Employee Benefits for The Baldwin Group

Selected New Discussions

5500 Due Date After Plan Termination

"A small non-PBGC defined benefit plan with 12/31 year end terminates 11/30/2023. All assets are distributed by 5/31/2024. [1] Since this plan has a 12/31 plan year end, is the 2023 5500 filing date 7/31/2024 as usual? Or is it 6/30/2024 (7 months after the termination date)? [2] Or do you file 2023 by 7/31/2024 and then for the 2024 year by 12/31/2024 (7 months after all assets were distributed)? [3] Or are there some other filing due dates?"

BenefitsLink Message Boards

Helene: BenefitsLink Is Ok, Many Others Are Not

"Many of you know that BenefitsLink is headquartered in the mountains of North Carolina. Thankfully, we're safe and sound, albeit without cell service and primary internet (thank goodness for StarLink!).

Many around us are not.

We know that Florida and Georgia experienced significant damage. The mountains of North Carolina and Tennessee took a devastating hit.

Over 2' of rain fell in a large swath of the NC mountains; the runoff put rivers at historic flood levels. Power, cell and internet service are all down over a large area, roads are collapsed or otherwise impassable, and many homes and small towns are completely isolated -- or washed away.

Two of the four interstate routes in/out of Asheville -- the two that cross the mountains to the west -- have washed out; a third route (to the east) is blocked in several places.

The damage is almost unbelievable -- and the affected area is almost the size of Massachusetts.

This area is not equipped or prepared for this level of catastrophic destruction. Mountain people are self-reliant survivors, both individually and collectively, but this will be quite a stretch. It will be a long and difficult road forward.

Please keep all in this area in your thoughts and prayers. And if any of our BenefitsLink neighbors have been affected, please reach out on this thread - we'll do what we can to help."

BenefitsLink Message Boards

Press Releases

Sandra Cohen and Carol Buckmann Named to 2025 Lawdragon 500 Leading Corporate Employment Lawyers Guide

Cohen & Buckmann P.C.

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

The 3(16) Fiduciary

RECORDED

CAPTRUST Financial Advisors

Last Issue's Most Popular Items

The Final RMD Regulations: The High Points

S. Derrin Watson, via Ferenczy Benefits Law Center

Employer Considerations Following Wave of 401(k) Forfeiture Lawsuits

Holland & Hart

How the DOL's New Retirement Security Rule Would End Insurance Industry Kickbacks That Cost Savers Billions (PDF)

Sen. Elizabeth Warren (D-MA)

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

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