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Retirement Plans Newsletter

October 2, 2024

5 New Job Opportunities 5 New Job Opportunities

 

[Guidance Overview]

Correcting Ineligible Hardship Distributions

"[R]etroactive amendments are not possible for optional or living expenses that would never qualify as an immediate and heavy financial hardship. If the plan sponsor can't retroactively make the document right, how can he right the wrongful hardship distributions?"  MORE >>

Belfint Lyons Shuman

Heads California, Tails Carolina: Employer Considerations Following Wave of 401(k) Forfeiture Lawsuits

"With 401(k) plan documents typically providing discretion to use forfeited amounts to offset future employer contributions and the IRS approving such an approach, it would appear the employers and their 401(k) plan fiduciaries did nothing wrong, and these lawsuits should be dismissed for failing to state a claim.... [O]ne potential approach for an employer to minimize exposure to a similar lawsuit is to amend its 401(k) plan to require forfeitures to be applied to offset future employer contributions."  MORE >>

Holland & Hart LLP

Senator Warren Issues Report to Boost Argument for Retirement Security Rule

"Sen. Elizabeth Warren (D-Ma.) has released a report concerning industry activity she suggests the rule is intended to address. The report is based on an investigation that began in April 2024, shortly after the rule was issued.... [T]he investigation apparently found that conflicts are pervasive in the annuity industry, third parties often facilitate these conflicts, and insurers use complicated and opaque disclosures when discussing these conflicts."  MORE >>

American Retirement Association [ARA]

A Simple Test for Your 401(k) Plan Design: Flip the Numbers

"A company has a generous retirement plan.... [It] has an 80% participation rate, and the average deferral rate is above the default deferral. Everything seems great to the employer as far as the retirement plan is concerned. Then I flipped the data. Now the company asks, 'Why are 20% of employees opting out of the plan? As a large company, 20% means thousands of employees are not saving for retirement. How can we change this?' "  MORE >>

Principal Financial Group

Preparing for Retirement: Empowering Employers and Employees for a Smooth Transition

"Preparing employees for retirement puts employers in control. Rather than a scramble to replace high-value roles or deal with employees that have 'retired at their desk,' a roadmap for achieving retirement goals and organizational succession planning creates a retirement-ready workforce and helps ensure a productive transition of knowledge and skills."  MORE >>

Gallagher

U.S. Corporate Pension Plans Funding Status, September 2024

"Wilshire estimates 0.3 percentage point increase in aggregate funded ratio for U.S. corporate pension plans in September and 0.2 percentage point increase in the third quarter.... This month's change in funded ratio resulted from a 1.6% increase in asset value mostly offset by a 1.4% increase in liability value."  MORE >>

Wilshire Associates

Benefits in General

[Official Guidance]

IRS Provides Relief for Helene; Part or All of 7 States Qualify

"Taxpayers in these areas now have until May 1, 2025, to file various federal individual and business tax returns and make tax payments. Among other things, this includes 2024 individual and business returns normally due during March and April 2025, 2023 individual and corporate returns with valid extensions and quarterly estimated tax payments.... Besides all of Alabama, Georgia, North Carolina and South Carolina, this currently includes 41 counties in Florida, eight counties in Tennessee and six counties and one city in Virginia."  MORE >>

Internal Revenue Service [IRS]

[Official Guidance]

IRS Disaster Relief Notice IL-2024-01, for Victims of Severe Storms, Tornadoes, Straight-Line Winds, and Flooding in Parts of Illinois

"[I]ndividuals and businesses in parts of Illinois that were affected by severe storms, tornadoes, straight-line winds, and flooding that began on July 13, 2024 ... now have until Feb. 3, 2025, to file various federal individual and business tax returns and make tax payments.... [I]ndividuals and households that reside or have a business in Cook, Fulton, Henry, St. Clair, Washington, Will, and Winnebago counties qualify for tax relief."  MORE >>

Internal Revenue Service [IRS]

[Official Guidance]

IRS Announces New Relief for Taxpayers Affected by Terrorist Attacks in Israel

"[D]ue to recent terrorist attacks in Israel, the agency is providing additional tax relief to affected individuals and businesses, postponing until Sept. 30, 2025, a wide range of deadlines for filing federal returns, making tax payments and performing other time-sensitive tax-related actions.... [A]ffected individuals and businesses have until Sept. 30, 2025, to file returns and pay any taxes that are due during this period."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

IRS Gives Green Light for Employee Choice Between Different Pre-Tax Benefits

"[PLR 202434006] approved an employer's program allowing employees to allocate an employer contribution among the 401(k) plan, retiree health reimbursement arrangement (HRA), health savings account (HSA), or educational assistance program (offering student loan repayments). The PLR provides welcome guidance to employers seeking to offer more tailored benefits to their employees."  MORE >>

Davis Wright Tremaine LLP

Employee Benefits Jobs

View job as New Business Consultant for Retirement Plan Consultants

New Business Consultant

Retirement Plan Consultants

Remote

View job as New Business Consultant for Retirement Plan Consultants
View job as DB/DC Administrator for Strongpoint Partners

DB/DC Administrator

Strongpoint Partners

Remote

View job as DB/DC Administrator for Strongpoint Partners
View job as Employee Benefits Account Manager for U.S. Retirement & Benefits Partners

Employee Benefits Account Manager

U.S. Retirement & Benefits Partners

New Braunfels TX

View job as Employee Benefits Account Manager for U.S. Retirement & Benefits Partners
View job as Institutional Retirement Services Relationship Manager for Oak Hill Plaza

Institutional Retirement Services Relationship Manager

Oak Hill Plaza

King of Prussia PA / Hybrid

View job as Sr. ESOP Support Specialist for American Trust Retirement

Sr. ESOP Support Specialist

American Trust Retirement

Remote / Butler PA

View job as Sr. ESOP Support Specialist for American Trust Retirement

Selected New Discussions

Does a Recordkeeper Inform a Plan Sponsor About the Long-Term-Part-Time Provision?

"Tax law's remedial-amendment regime often involves a few years' lags between when a plan's administrator implements a provision 'in operation' and when the provision is expressed in the plan's document, often an IRS-preapproved document. For optional changes, recordkeepers seem to get a sponsor/administrator's instructions -- yes or no, this-way or that-way, even if many of these are obtained using implied-assent presumptions. But what about a required change? If there is yet no document for a plan's sponsor/administrator to sign or accept (and no choice that need be made), does a recordkeeper inform its customer about a plan provision that changes because ERISA commands it or tax law requires it as a condition of the plan's tax-qualified treatment?

"Imagine a plan sponsor has no lawyer, no third-party administrator, no adviser; only the recordkeeper. Would such a sponsor/administrator know that it must ignore an exclusion the plan document states (and typically the summary plan description explains) to make eligible for elective deferrals those of its employees who meet the long-term-part-time conditions? What have recordkeepers been doing? Does a recordkeeper inform plan sponsors? If so, how much does a recordkeeper explain about the long-term-part-time provision?"

BenefitsLink Message Boards

Press Releases

EPIC Has Acquired TDC Life; Expands Life and Executive Benefits Platform

EPIC

Ascensus Continues Focus on Financial Wellness and Extends Relationship with Financial Finesse Including AI-Powered Coaching

Ascensus

Prime Pensions Acquires Piper Pension & Profit Sharing, Expanding West Coast Presence

Prime Pensions

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

ERISA Litigation Developments: California Leads the Way

October 8, 2024 WEBINAR

Seyfarth Shaw LLP

Estate and Charitable Planning for Company Stock and Equity Comp

October 9, 2024 WEBINAR

myStockOptions.com

IRA Reporting

November 5, 2024 WEBINAR

Ascensus

Current Developments (2024)

November 7, 2024 WEBINAR

ASC

Orange is the New Gray

November 13, 2024 WEBINAR

Conference of Consulting Actuaries

Last Issue's Most Popular Items

In Memoriam: Ian D. Lanoff

Groom Law Group

Retirement Plan Disaster Assistance May Be Available for Hurricane Helene

Ascensus

Recent Developments in Forfeiture Cases

The Wagner Law Group

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

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