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Retirement Plans Newsletter

November 7, 2024

4 New Job Opportunities 4 New Job Opportunities

 

[Guidance Overview]

Retirement Plan Amendments and 2024 Year-End Action Items

"The deadline to amend has generally been extended to December 31, 2026 for most plans. Regardless, some provisions of these Acts do need to be implemented operationally before the formal amendment deadline.... [1] Enhanced catch-up contributions under SECURE 2.0 ... [2] Mandatory Roth treatment for catch-up contributions of certain employees ... [3] IRS final rule on RMDs after death."  MORE >>

Alston & Bird

[Sponsor]

Retirement at a Crossroads: Navigating Policy in a Changing Political Landscape During a Challenging Year for Tax Legislation

Join us November 19 for an enlightening discussion on critical retirement legislative issues in the wake of the 2024 presidential election. Preston Rutledge, expert on retirement policy and former Assistant Secretary of Labor for EBSA, will share his insights.

Sponsored by WEB Network

[Guidance Overview]

SECURE 2.0 2025 Catch-Up Contribution Increase

"IRS has yet to issue any guidance explaining how the new limits should be administered. Therefore, even though the law permits this provision to be effective for 2025, there are some concerns with making this available to participants at this time. Further, it's possible that payroll systems won't be ready to properly calculate these increased limits in 2025.... [E]mployers should carefully consider whether they should implement this increase as the new year begins."  MORE >>

Ferenczy Benefits Law Center

[Guidance Overview]

Treasury and IRS Start Warming Up for SECURE 2.0's Saver's Match

"[Notice 2024-65] includes a series of questions relevant to developing guidance for sponsors of DC plans that will accept saver's match contributions and their service providers, as well as potential participant notice requirements for plans that choose not to accept these contributions.... [T]he agencies also seek general feedback on other ways to minimize costs and administrative burdens to encourage retirement plans to accept these contributions, as well as streamlining the process for individuals to claim the saver's match."  MORE >>

Mercer

[Guidance Overview]

Numbers Retirement Plan Sponsors Need to Know for 2025

"In 2025, the wage base for the Social Security tax will increase by more than 4 percent ... The per-participant PBGC premium rates for DB plans subject to ERISA will be higher in 2025.... [T]he IRS announced the 2025 dollar limits for qualified plans and other tax-favored retirement plans. The table below compares some of the 2025 limits to those limits for 2024."  MORE >>

Segal

Supreme Court to Reevaluate Pleading Requirements for ERISA-Prohibited Transaction Claims

"The Supreme Court's forthcoming decision will resolve a split among the circuit courts regarding who has the burden of establishing an exception to ERISA's prohibited transaction rules. If the Second Circuit's decision is affirmed, plaintiffs asserting prohibited transaction claims will have the burden of pleading both the existence of a prohibited transaction and the lack of an applicable exemption." [Cunningham v. Cornell Univ., No. 21-0088 (2d Cir. Nov. 14, 2023; cert. pet. granted Oct. 3, 2024)]  MORE >>

Holland & Knight

Will the Retirement Savings for Americans Act Save Retirement?

"The Retirement Savings for Americans Act ... would create a federal retirement plan, automatically enrolling workers without access to an employer-sponsored plan at a 3% savings rate. The RSAA would also provide a federal match tax credit for low- and moderate-income workers that would begin to phase out at median income. While the proposal may sound promising, [Morningstar] research shows that most Americans would be better off under the current system."  MORE >>

Morningstar

Gen Z Not Following the Typical Path to Retirement

"Only 20% of Gen Z are actively saving for retirement and just one in five say they will retire in the traditional sense ... [A recent TIAA report] finds many members of Gen Z are not following the traditional path to retirement. The leading reason Gen Z (ages 18-24) lacks retirement savings is because they don't know where to begin (35%) ... As a result, only 20% are saving for retirement."  MORE >>

InsuranceNewsNet.com

Market Based Cash Balance Frequently Asked Questions

"[D]efined benefit plans are making a comeback in a hybrid format known as “cash balance,” which mimics the look and feel of a 401(k) plan but comes with special features that can appeal to employers and employees alike. [This article outlines] ten questions that most frequently come up when employers are deciding whether to sponsor a cash balance plan."  MORE >>

Milliman

Benefits in General

[Official Guidance]

Text of DOL and IRS Extension of Certain Timeframes for Employee Benefit Plans, Participants, Beneficiaries, Qualified Beneficiaries, and Claimants Affected by Hurricane Helene, Tropical Storm Helene, or Hurricane Milton

"This document announces the extension of certain timeframes under [ERISA] and the Internal Revenue Code for group health plans, disability and other welfare plans, pension plans, and participants, beneficiaries, qualified beneficiaries, and claimants of these plans affected by Hurricane Helene, Tropical Storm Helene, or Hurricane Milton.... The relief provided by this document supplements other disaster relief guidance issued by the Agencies ... Special Enrollment timeframes ... COBRA timeframes ... Claims procedure timeframes ... External review process timeframes."  MORE >>

Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL] and Internal Revenue Service [IRS]

[Official Guidance]

Text of EBSA Disaster Relief Notice 2024-01: Guidance and Relief for Employee Benefit Plans Impacted by Hurricane Helene, Tropical Storm Helene, and Hurricane Milton (PDF)

"This guidance applies to employee benefit plans, plan sponsors, labor organizations, and other plan sponsors, plan fiduciaries, participants and beneficiaries, and plan service providers subject to ERISA who were located in a county, tribal area, or other geographic area identified for individual assistance by [FEMA] because of the devastation caused by the Covered Disasters. The relief under this Disaster Relief Notice ... begins on the first day of the incident period and ends on May 1, 2025. FEMA has established different incident periods for different affected areas.... This extension applies to the furnishing of notices, disclosures, and other documents required by provisions of Title I of ERISA over which the [DOL] has interpretive and regulatory authority, except for those notices and disclosures addressed in the joint notice issued by the [DOL] and the Treasury Department and IRS and those notices required under ERISA Sec. 716(c).... [1] Participant contributions and loan repayments ... [2] Blackout notices ... [3] Form 5500 and Form M-1 filing relief ... [4] General ERISA fiduciary compliance guidance."  MORE >>

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

Employee Benefits Jobs

View job as Retirement Plan Compliance Analyst for FuturePlan, by Ascensus

Retirement Plan Compliance Analyst

FuturePlan, by Ascensus

Remote

View job as Retirement Plan Compliance Analyst for FuturePlan, by Ascensus
View job as Retirement Plan Administrator for American Retirement Plan Services, LLC

Retirement Plan Administrator

American Retirement Plan Services, LLC

Remote / MD

View job as Retirement Plan Administrator for American Retirement Plan Services, LLC
View job as 401k & Defined Contribution Plan Consultant for Planned Retirement Consultant & Administrators, LLC

401k & Defined Contribution Plan Consultant

Planned Retirement Consultant & Administrators, LLC

Remote / Ridgewood NJ

View job as 401k & Defined Contribution Plan Consultant for Planned Retirement Consultant & Administrators, LLC
View job as Defined Benefit Plan Consultant for Planned Retirement Consultants & Administrators, LLC

Defined Benefit Plan Consultant

Planned Retirement Consultants & Administrators, LLC

Remote / Ridgewood NJ

View job as Defined Benefit Plan Consultant for Planned Retirement Consultants & Administrators, LLC

Selected New Discussions

5500 Reporting When Existing Plan Joins a MEP

"Our client joins a MEP with someone else effective (X) date -- let's just say November 10. Assets will be liquidated from current investment provider, and transferred into the MEP -- exactly how, not sure we care. My question is re the 5500SF. Is the 5500SF filed as a 'final' showing the transfer on Lines 13(b) and (c)? Or would it be a full year 5500SF since the plan isn't being 'terminated.' And would it be filed as a short plan year as of the date of transfer of the assets? It appears that no 5310-A would be required. Just not sure of the process. Would it just be the new MEP that would file a 5500 for 2024, and we wouldn't file a 5500 at all? It'll be driven by the new TPA anyway, but I'd like to get a better handle on how this typically is/should be handled."

BenefitsLink Message Boards

Diversification vs. Real Estate in Owner Only Plan

"An owner-only DB Plan (husband and wife), has about $4,500,000 in assets. Part of the assets is a condo worth 1.5 million (they rent it out). They would like to invest further in real estate and have the plan purchase another condo, worth approx. 2 million, however the seller is willing to agree to sell it for 1.8. Is it advisable to purchase another RE Investment? It is in the same area as the first condo, so that might play a role in lack of diversification?"

BenefitsLink Message Boards

Are SECURE 2.0 Distributions a Protected Benefit?

"Does anyone know if SECURE 2.0 withdrawals are considered protected benefits? I find conflicting information. Some recordkeepers are enforcing it as protected benefits but I'm yet to see official guidance. I'm wondering how others are handling and/or interpreting this?"

BenefitsLink Message Boards

Press Releases

The Wagner Law Group Ranked 'Tier 1' ERISA and Employee Benefits Law Firm for 2025

The Wagner Law Group P.C.

Last Issue's Most Popular Items

401(k) Plans: Merger and Acquisition Insight for Plan Sponsors

Watkins Ross

Draft Instructions for 2024 IRS Form 8955-SSA: Annual Registration Statement Identifying Separated Participants with Deferred Vested Benefits (PDF)

Internal Revenue Service [IRS]

Clorox Wins First Round in 401(k) Plan Forfeiture Lawsuit

planadviser

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

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