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Retirement Plans Newsletter

October 10, 2024

New Job Opportunity Today New Job Opportunity Today

 

[Official Guidance]

Social Security Cost-of-Living Adjustment (COLA) Adjustments for 2025 (PDF)

"Based on the increase in the Consumer Price Index (CPI-W) from the third quarter of 2023 through the third quarter of 2024, Social Security and Supplemental Security Income (SSI) beneficiaries will receive a 2.5 percent COLA for 2025.... The Maximum Taxable Earnings [will increase to] $176,100."  MORE >>

U.S. Social Security Administration [SSA]

[Official Guidance]

Draft Instructions for 2024 IRS Form 8606: Nondeductible IRAs (PDF)

20 pages; Oct. 9, 2024. "What's New: [1] New retirement plan distributions and their repayments.... [2] Line 15c Worksheet.... [3] New Line 25c.... [4] References to 2024 Form 8915-F.... [5] Coronavirus-related distributions.... [6] Modified adjusted gross income (AGI) limit for Roth IRA contributions increased.... [7] Due date for contributions."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

IRS Issues Additional Long-Term Part-Time Employee Guidance

"Notice 2024-73 explains how 20-hour employees and student employees are treated with respect to the LTPT employee rules: A 20-hour employee must be included as a LTPT employee if they meet the LTPT employee definition (500 hours in each of two consecutive years).... The student rule, on the other hand, is a statutory exception, and thus is not overruled by the LTPT employee inclusion rule."  MORE >>

Segal

[Guidance Overview]

The Latest in a Long Line of Long-Term, Part-Time U.S. Employee Guidance

"The IRS stated that it anticipates issuing proposed regulations with respect to Section 403(b) plans that are expected to be similar to the final regulations regarding 401(k) plan LTPTEs. The Notice also confirms that the forthcoming final regulations regarding LTPTEs participating in Section 401(k) plans will apply only to plan years beginning on or after January 1, 2026."  MORE >>

Sidley Austin LLP

The Effects of 401(k) Vesting Schedules, in Numbers

"[The authors] analyzed data from Form 5500s to identify trends in and implications of vesting schedule use by 408 single-employer 401(k) plans over the five-year period of 2018-2022.... 1.8 million plan participants forfeited compensation because they terminated employment (voluntarily or involuntarily) without being fully vested in their employer plan contributions.... [F]orfeitures used in 2022 amounted to ... $1.5 billion, most of which was used to reduce an employer's contribution obligation. [These] findings highlight the magnitude of the implications of 401(k) vesting schedule use and identify key companies whose plans have the most affected participants and the highest amounts of forfeitures at their disposal."  MORE >>

The Yale Law Journal

Avoid Risks and Improve Business Success with Strong 401(k) Plan Administration

"Ongoing evaluations of your current 401(k) operations -- around all touch points of your systems -- with assessments that review your existing processes within your organization can uncover what's working well and what can be improved."  MORE >>

Moss Adams LLP

Annuities Can Provide Tax Bracket Cushions

"Using annuities may not help much for clients with income that will stay very high throughout their retirement years, but it could help some who are likely to fall into a lower tax bracket later ... Using annuities’ tax-deferral power might also serve as a cushion for some clients who are about to bump up against a tax bracket ceiling[.]"  MORE >>

ThinkAdvisor

Benefits in General

[Guidance Overview]

IRS Allows Employee Choice to Allocate an Employer Contribution Among Multiple Benefit Programs

"[The IRS] approved an employee benefits program design (outside of a cafeteria plan) that would offer employees flexibility in allocating an employer contribution among certain employer-sponsored benefit plans.... Employer Considerations: [1] When to implement.... [2] Educational assistance program limit.... [3] Administrative complexity.... [4] Nondiscrimination testing.... [5] Program costs."  MORE >>

Calfee, Halter & Griswold LLP

NLRB Gears Up to Tackle Non-Compete Agreements

"In the October 7, 2024 memo, the [NLRB] general counsel ... [stated] her intent to prosecute employers who require their employees to sign non-compete and 'stay-or-pay' provisions, including those that take the form of training repayment agreement provisions, educational repayment contracts, quit fees, damages clauses, sign-on bonuses or other types of cash payments tied to mandatory stay periods and other contracts under which employees must pay their employer in the event that they separate from employment."  MORE >>

Reed Smith

NLRB General Counsel Further Cautions on Employers' Use of Noncompetes and 'Stay-or-Pay' Provisions

"The memorandum is not the official legal position of the NLRB; however, if it is adopted and broadly applied by the NLRB, it could have significant impacts on the business operations of many employers -- with one important limitation. The NLRA does not apply to managerial or supervisory employees. Given that noncompetes and stay-or-pay provisions tend to be directed at these higher-level employees, the memorandum could be of limited application."  MORE >>

ArentFox Schiff LLP

Executive Compensation and Nonqualified Plans

Merrill Asks Judge to Dismiss Ex-Advisor's Suit Over Deferred Comp

"Former Merrill financial advisor Kelly Milligan contends ... that the eight-year vesting schedule in Merrill's WealthChoice Contingent Award Plan, and its 'cancellation rule' requiring advisors to forfeit unvested money, violate [ERISA].... Merrill contends that ERISA doesn't apply to the the WealthChoice plan." [Milligan v. Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 24-0440 (W.D. N.C. complaint filed Apr. 30, 2024; defendant's motion for summary judgment filed Sep. 30, 2024)]  MORE >>

ThinkAdvisor

Employee Benefits Jobs

View job as AMP Account Manager for Nova 401(k) Associates

AMP Account Manager

Nova 401(k) Associates

Remote

View job as AMP Account Manager for Nova 401(k) Associates

Selected New Discussions

Wrong Plan Name on 5558

"Plan name is different than employer name. But we filed the 5500 with the ERs name as both the ER and plan names. For example: Employer: Connecticut Fencing Company Plan name: Fences 'R' Us 401(k) Plan 8955 filed with plan name: Connecticut Fencing Company 401(k) Plan EIN and PN are correct. Will we have a problem? Software is giving me a warning."

BenefitsLink Message Boards

5500 MEP Schedule 'Other' Blank in Part I Describing Type of MEP

"For plans that are MEPs because the employers are related in a way but do not fit together as an affiliated service group or controlled group, what wording should be used for the blank on the new MEP Schedule in Part I1(d)? Derrin Watson has described these employers as 'kissing cousins' and of course, we wouldn't use that unofficial terminology, but, we want to make sure to use appropriate wording. What is everyone else using? I do believe it at least needs to mention 'defined contribution plan'."

BenefitsLink Message Boards

Press Releases

Nathan Hensley, ’25, Receives National Writing Award for Employee Benefits Paper

University of Chicago Law School

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Tax Relief and Possible Retirement Plan Resources for Hurricane Victims

October 10, 2024 PODCAST

Williams Mullen

Last Issue's Most Popular Items

IRS Issues Guidance Regarding Long-Term Part-Time Employees and 403(b) Plans Subject to ERISA (PDF)

VOYA Financial

Surprise -- You Just Missed a PBGC Reportable Events Deadline! (PDF)

The Wagner Law Group, via Journal of Pension Benefits

2024 IRS PLR Allows New DC Plan Design with Employee Choice

Callan

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

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