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Retirement Plans Newsletter

October 17, 2024

3 New Job Opportunities 3 New Job Opportunities

 

[Official Guidance]

DOL List of Entities Relying on the QPAM Exemption

"Under the QPAM exemption [PTE 84-14], any entity that relies on the exemption must notify the [DOL] of its reliance on the exemption. [This page provides] an alphabetical list as of September 30, 2024, of every entity that has notified the [DOL] that they currently rely on this exemption or may in the future. This list will be periodically updated ... The [DOL] has not verified whether any of these listed entities meet the exemption's requirements."  MORE >>

Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

[Guidance Overview]

IRS Issues Student Loan Match Guidance: Save for Retirement While Repaying Student Loans (PDF)

"[Notice 2024-63] takes the first step into providing needed guidance to facilitate implementation of this new feature, and seeks comments on additional issues that may come with pending proposed regulations."  MORE >>

Groom Law Group, via TAXES the Tax Magazine

[Guidance Overview]

CRS Report: Social Security and Older Workers

31 pages. "Congress has shown interest in changing Social Security retirement and survivor policies to encourage older individuals to work longer and postpone claiming Social Security benefits.... Policymakers and researchers have suggested some possible approaches that could accompany those policy changes and might offer certain income protections to vulnerable older adults." [R48232 Oct. 16, 2024]  MORE >>

Congressional Research Service [CRS]

Salesforce Settles ERISA Case

"Salesforce will pay $1.35 million to more than 50,000 class members in two Employment Retirement Income Security Act (ERISA) cases. Employees alleged that Salesforce, its board, and its investment committee violated their fiduciary duties under ERISA to the company retirement plan and its participants by choosing expensive investment options and underperforming funds." [Miguel v. Salesforce.com Inc., No. 20-1753, and Simonelli v. Salesforce.com Inc., No. 24-0813 (N.D. Calif. settlement order Oct. 11, 2024)]  MORE >>

Hall Benefits Law

Funding Status of State Pension Plans, Third Quarter 2024

"The aggregate funded ratio for U.S. state pension plans increased by an estimated 5.4 percentage points during the third quarter of 2024 to end the quarter at 89.1% ... The aggregate funded ratio is estimated to have increased by 9.2% and 15.1% year-to-date and over the trailing twelve months, respectively."  MORE >>

Wilshire Associates

PBGC Approves $635 Million in SFA for Detroit Carpenters Fund

"[PBGC] has approved the application submitted ... by the Carpenters Pension Trust Fund -- Detroit & Vicinity. The plan, based in Troy, Michigan, covers 22,576 participants in the construction industry. The Detroit Carpenters Fund will receive approximately $635 million in special financial assistance ... The plan was projected to become insolvent and run out of money in 2033."  MORE >>

Pension Benefit Guaranty Corporation [PBGC]

[Opinion]

American Benefits Council Comment Letter on Retirement Savings Lost and Found Information Collection Request

"Although we appreciate that the Revised ICR reflects several changes ... we reiterate in this letter the continuing and more fundamental need for the department to issue workable guidance for plan sponsors regarding missing and unresponsive participants of ongoing plans. We also reiterate our concerns with the challenges that we believe will inevitably result from the voluntary approach the department is taking in establishing and populating the Lost and Found. "  MORE >>

American Benefits Council

[Opinion]

Can U.S. Pensions and Bitcoin Mix?

"Bitcoin as an asset offers a rich and multifaceted ecosystem of information to anyone who takes the time to look deeper. But considering Bitcoin's price volatility, no matter how positive the view, it is rational for institutions to ask how to allocate in a way that is prudent and strategic -- and compatible with their governance requirements and plan objectives."  MORE >>

Institutional Investor

[Opinion]

The Financial Health of Public Pensions: Facts vs. Fiction

"[P]ublic pension plans in the U.S. continue to improve their funding statuses.... The fees generated by 401(k) accounts yield billions for Wall Street firms. Pension systems pay far less because they demand lower fees in exchange for allowing firms to manage their large, billion-dollar portfolios."  MORE >>

National Public Pension Coalition [NPPC]

Benefits in General

[Guidance Overview]

DOL Updates Cybersecurity Guidance for ERISA Plans

"The DOL's reissued cybersecurity guidance should remind plan sponsors, fiduciaries and service providers of all ERISA plans of the critical importance of safeguarding plan assets and plan data against cybersecurity threats. Additionally, ERISA plan stakeholders should continue to maintain awareness of the ever-changing legislative and regulatory landscape."  MORE >>

Reinhart Boerner Van Deuren s.c.

SSA Announces Social Security Taxable Wage Base for 2025

"For 2025, that amount will be $176,100 (up from $168,600 for 2024).... Some 401(k) plans that provide for profit-sharing contributions use the Social Security taxable wage base for their permitted-disparity allocation formulas. The taxable wage base also impacts certain fringe benefits and is relevant when determining the tax savings from a cafeteria plan."  MORE >>

Thomson Reuters / EBIA

Executive Compensation and Nonqualified Plans

Unlocking the Power of Equity-Based Incentive Compensation: Basics of Profits Interests

"A profits interest is an interest in a partnership, granted in exchange for services, that gives the recipient the right to future appreciation or profits of the company. Unlike a capital interest, which provides a right to share in the current value of the company, a profits interest entitles the recipient only to the company’s future gains.... Similar to restricted stock, profits interests are often subject to restrictions, meaning they are typically non-transferable and at risk of forfeiture until they vest."  MORE >>

Foley & Lardner LLP

Employee Benefits Jobs

View job as Retirement Plan Administrator for Bates & Company, Inc.

Retirement Plan Administrator

Bates & Company, Inc.

Remote / Winter Park FL

View job as Retirement Plan Administrator for Bates & Company, Inc.
View job as DB Retirement Plan Consultant for EGPS

DB Retirement Plan Consultant

EGPS

Remote

View job as DB Retirement Plan Consultant for EGPS
View job as Client Relationship Manager for The Retirement Advantage, Inc.

Client Relationship Manager

The Retirement Advantage, Inc.

Remote

View job as Client Relationship Manager for The Retirement Advantage, Inc.

Selected New Discussions

How long can a one-participant Profit Sharing Plan Trust remain in effect after death

"The sole participant of the PS Plan passed away and all Plan assets have been distributed except for one. The Plan held a survivorship (2nd to die) life insurance policy insuring the sole Participant and Spouse (who as of 2012 became ex-spouse). The policy was to be transferred to the ex-spouse (who is still a Trustee of The Pan) at the participants death. Upon transfer the ex-spouse would owe income tax on the cash value of the policy. That cash value is approximately $200,000. The ex-spouse doesn't want to, or can't pay the income tax and proposes an alternative: [1] Leave the policy in the Plan Trust so the ex pays no income tax. [2] The ex pays the annual premiums each year to keep the policy in effect. The ex desires to keep the the policy because, besides being a life insurance policy, it also pays Long-Term-Care benefits of up to $17,000 per month for life. Can the Plan Trust remain in existence? Can the ex pay the premiums? The ex is still a Trustee of The Plan because the couple remained on good terms as friends following their divorce."

BenefitsLink Message Boards

Controlled Group Rules - Attribution to IRA Owner?

"I'm trying to determine whether stock held by an IRA is attributable to the owner for purposes of the controlled group rules. So, for example, if I own 100% of Company A, and my IRA owns 100% of Company B, am I deemed to own 100% of Company B, such that A and B are in a brother/sister controlled group? I know the answer is 'yes' in the context of a qualified plan (based upon the language in 414(b) stating that 1563(e)(3)(C) doesn't apply). However, I have not been able to find a discussion of the application of these rules to IRAs anywhere. From a policy standpoint, the case for attribution would seem to be even more compelling in the IRA context, given that there's always going to be a single individual who owns the entire account. I find it hard to believe that this issue hasn't been addressed, and I assume I'm missing something obvious."

BenefitsLink Message Boards

Press Releases

EPIC Welcomes Spectrum Benefits

EPIC

MassMutual Becomes First U.S Insurer to Offer Policyowners Free Access to AI-guided Mental Health Support

MassMutual

Aetna introduces SimplePay Health

Aetna

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Improving Retirement Plan Menu Design

October 31, 2024 WEBINAR

Broadridge

Last Issue's Most Popular Items

2024 Retirement Plan Year-End Amendments and Operational Compliance

Groom Law Group

Annual 401(k) Plan Notices Are Due December 2

Cassell Plan Audits

How Much Does a $1 Million Annuity Pay Annually?

U.S. News & World Report

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

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