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Retirement Plans Newsletter

October 14, 2024

3 New Job Opportunities 3 New Job Opportunities

 

[Official Guidance]

PBGC Announces Premium Rates for 2025

PBGC has determined the premium rates applicable for plan years beginning in 2025. For Single-Employer Plans: per participant rate for flat-rate premium: $106; variable-rate premium rate per $1000 UVBs: $52, per-participant cap: $717. For Multiemployer Plans: per-participant rate for flat-rate premium: $39.  MORE >>

Pension Benefit Guaranty Corporation [PBGC]

[Guidance Overview]

The New Fiduciary Rule, Part 51: The Loper Bright Decision and What it Means for DOL Regulations

"[S]ome financial industries, and particularly the insurance industry, will argue that a one-time recommendation associated with a rollover is a sales transaction that should not be held to a fiduciary standard. A critical question for the courts is whether the DOL has authority to issue a new fiduciary recommendation that, among other things, says that a rollover recommendation, explicit or implicit, is fiduciary advice. The Supreme Court's decision in the Loper Bright case establishes the standard for the courts to evaluate an agency's authority."  MORE >>

FredReish.com

[Guidance Overview]

What Procedures Are Performed in an ERISA 103(a)(3)(c) Audit?

"The primary difference between an ERISA 103(a)(3)(c) and an ERISA non-103(a)(3)(c) audit is that an ERISA 103(a)(3)(c) audit does not require substantive testing of investments such as year-end market values, interest and dividends and realized and unrealized gains/losses on investments.... Other than those audit procedures performed on investments ... ERISA 103(a)(3)(c) audits and ERISA non-103(a)(3)(c) audits include the same procedures."  MORE >>

Withum Smith+Brown, PC

Supreme Court to Take Up ‘Prohibited Transactions’ and Burden of Proof Questions

"There is a broader contextual issue that courts and parties have seemingly just ignored, particularly when discussing what is required to state a 'claim' under ERISA. A prohibited transaction is not a 'claim' under ERISA.... A prohibited transaction is, at best, an allegation of the type of fiduciary breach being alleged.... To plausibly plead a claim, a plaintiff must allege facts to show that the breach caused loss to the plan... The Seventh Circuit gave no consideration to ERISA Section 502(a) or the notion that a prohibited transaction is not a claim." [Cunningham v. Cornell Univ., No. 21-0088 (2d Cir. Nov. 14, 2023; cert. pet. granted Oct. 3, 2024)]  MORE >>

Faegre Drinker

Mercer Projects 2025 Retirement Plan Limits

"Mercer projects that every key Internal Revenue Code limit for qualified retirement plans will rise from 2024 to 2025. The 2025 limits will reflect increases in the Consumer Price Index for All Urban Consumers (CPI-U) from the third quarter of 2023 to the third quarter of 2024. This updated article reflects the final CPI-U value for September. IRS usually announces official limits for the coming year in late October or early November."  MORE >>

Mercer

GAO Conducting Investigation of Provider Cross-Selling and Data Collection

"The investigation is in response to a request from Senate Health, Education, Labor and the Workforce Committee from December 2022, as SECURE 2.0 was being finalized and passed. The request asks GAO to look into what data is collected; the non-plan uses of that data; privacy guarantees and notices provided to participants; and relevant state and federal laws. It also asks GAO to look at 'cross-selling,' or the practice of selling participants products outside the plan based on data acquired on them from within the plan."  MORE >>

American Retirement Association [ARA]

Are Employees Working Past Retirement Age?

"Nearly three-quarters of respondents (73.4%) stated they have seen an increase in employees working past age 65 in recent years. While 16 percent of respondents indicated their company encourages this, most (83%) are neutral about employees working longer."  MORE >>

Plan Sponsor Council of America [PSCA]

Finding the Right Asset Allocation for Retirement

"[For] a 65-year-old with a spending rate of 4% and a self-professed moderate risk tolerance ... [t]he bedrock of their portfolio should be something that approximates a TIPS ladder, a portfolio of Treasury Inflation-Protected Securities that matures in such a fashion that it pays off their liabilities every year.... The key attraction is that they protect you against inflation."  MORE >>

Morningstar

Retirement Planning and Decision-Making Among Early Middle-Aged Adults

"[This study provides] insights into the savings and retirement planning of 35- to 45-year-olds and the factors that influence their savings and planning. The study consisted of eight focus groups ... Also included in the material is an Appendix of direct participant quotes."  MORE >>

Society of Actuaries

[Opinion]

TIAA Retirement Bill of Rights: Perspectives from Experts

"Employers should make it easy for employees to enroll in retirement plans and increase their savings, and offer in-plan options to provide retirement income for life. Workers should enroll in their employer's plan and ensure they're contributing enough to get their matching contribution, or save through an IRA if they lack a workplace option. Policymakers should help those who lack access to a workplace plan save for retirement and help improve everyone's ability to convert savings into guaranteed lifetime income."  MORE >>

TIAA

Benefits in General

Managing Retirement Decisions

Society of Actuaries

Employee Benefits Jobs

View job as Client Relationship Manager for Nova 401(k) Associates

Client Relationship Manager

Nova 401(k) Associates

Remote

View job as Client Relationship Manager for Nova 401(k) Associates
View job as ERISA - Director of Compliance for National Benefit Services

ERISA - Director of Compliance

National Benefit Services

Remote

View job as ERISA - Director of Compliance for National Benefit Services
View job as Retirement Plan Administrator for Qualified Pension Services, Inc. (QPS)

Retirement Plan Administrator

Qualified Pension Services, Inc. (QPS)

Remote

View job as Retirement Plan Administrator for Qualified Pension Services, Inc. (QPS)

Selected New Discussions

Roth Deferrals and Roth Conversions

"Simple questions for a cheat sheet I am making....

  • If a participant makes ROTH deferrals, that money has its own 5 year clock... Yes?
  • If a participant continues each year to make ROTH deferrals, does that new money use the original clock start date?
  • If a participant makes an in-plan ROTH conversion, I know that has its own start date. And every time they do an in-plan ROTH conversion the conversion gets its own start date. Here are the questions... all in-Plan ROTH conversions need to be in their own investment account... That account can be on paper... correct? My system will track it, that's all that matters, correct?"

BenefitsLink Message Boards

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Inherited IRA Rules: What You Need to Know Before 2025

RECORDED

Morningstar, Inc.

Annual Regulatory Update

October 17, 2024 WEBINAR

Multnomah Group

Last Issue's Most Popular Items

IRS Provides LTPT Employee Guidance for Section 403(b) Plans, with Two-Year Extension for 401(k) Regs

Groom Law Group

What to Know About the New RMD Rules

Manning & Napier

Supreme Court to Decide ERISA Prohibited Transaction Dispute

Groom Law Group

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

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