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Retirement Plans Newsletter

November 11, 2024

8 New Job Opportunities 8 New Job Opportunities

 

[Guidance Overview]

IRS Retirement Plan FAQs: USERRA and SSCRA

Updated Nov. 8, 2024. "[1] Employer contributions: What is the basic rule for employers re-employing veterans? ... How long does an employer have to make these makeup contributions? Are there special rules for forfeitures or lost earnings? [2] Employee contributions: ... How long do rehired veterans have to make up elective contributions? ... In a 401(k) plan, who decides whether the returned employee's 401(k) contribution is a makeup contribution or a current deferral? ... [3] Participant loans: Can a plan allow for a suspension of plan loan repayments when the participant is performing military service? What happens to the loan when the veteran is rehired? Is there a cap on the interest rate used during the military service period? [4] W-2 reporting."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

DOL Extends Plan Relief for Those Impacted by Recent Hurricanes

"EBSA Disaster Relief Notice 2024-01 provides the following forms of relief: [1] General ERISA fiduciary compliance guidance.... [2] Claims for benefits.... [3] [A]dditional time to make claims for benefits and to appeal denied claims.... [4] [E]xtends the deadlines for furnishing required notices or disclosures ... [5] Verification procedures ... for plan loans or distributions ... [6] [T]he DOL will not take enforcement action if there is a temporary delay in forwarding ... payments or contributions to the plan.... [7] [R]elief applies to blackout notices that are required to be provided after the blackout period begins."  MORE >>

American Retirement Association [ARA]

Latest 401(k) Plan Forfeiture Complaint Filed Against BMO Financial

"BMO has been added to a recent flurry of plan forfeiture lawsuits as the plaintiffs' bar tests what some experts have described as a relatively common practice of using forfeited fees to pay down plan costs.... The complaint claims that forfeitures were used to reduce company contributions of $1.28 million in 2023 and $1.18 million in 2022." [Shulak vs. BMO Financial Corp., No. 24-9615 (C.D. Calif. complaint filed Nov. 6, 2024)]  MORE >>

PLANSPONSOR; free registration may be required

Plan Design, Flexibility Outpace Employer Contributions Among Plan Sponsors’ Priorities

"Beyond enhancing retirement benefits and 401(k) matching contributions for employees, plan sponsors are adopting a heightened focus on improving the holistic financial well-being of participants ... [O]nly 12% of employers are looking to increase their DC contributions over the next two years.... [W]hile the median employer contribution remains approximately 7.1% of pay, the median has declined over the past two decades from 11.4% in 2000 to 9.5% in 2010 to 7.4% in 2020. "  MORE >>

PLANSPONSOR; free registration may be required

Middle-Income Households Are Exceeding Their Retirement Savings Expectations

"77% of middle-income households (those with between $50,000 and $99,999) are saving for retirement at an average rate of 7.8% of their income before receiving additional contributions from their employers.... [W]hile family and friends were reported to be the most influential in inspiring them to start saving, the survey found employers, financial professionals, and retirement plan service providers to be increasingly more helpful sources of information when they began saving."  MORE >>

Principal Financial Group

DB Plans: A Must For Reliable Retirement Income

"[This] article covers: [1] Statistics on people who are living paycheck to paycheck; [2] Data on low DC plan balances by age bands and income bands; [3] A comparison of expected vs. actual retirement ages; [4] Four aspects of the DB plan advantage."  MORE >>

Segal

RMDs Can Improve Your Portfolio

"With a little lead time, you can use your RMDs to improve your portfolio's risk/reward profile. Rather than giving each of your holdings a haircut to raise the cash for the RMD, or automatically cutting back the most conservative positions, the starting point for approaching RMDs is to check up on your portfolio. Armed with knowledge of its problem spots, you can then concentrate your RMD-related sales in those areas that you want to fix anyway."  MORE >>

Morningstar

[Opinion]

How to Improve 401(k) Plan Fee Disclosures

"While there is no evidence that plan participants read or understand fee disclosures, and plan sponsors do not need fee disclosures because they have investment advisors with more robust fee analyses, insurance underwriters appear to be the only human beings that actually read fee disclosures.... If you want to know how to improve fee disclosures, fiduciary underwriters are the most qualified stakeholders in America to do the job. [This article provides an] analysis of the GAO 2021 recommendations and [the author's] own recommendations as to how to fix obvious problems with fee disclosures."  MORE >>

Encore Fiduciary

[Opinion]

Muddled Thinking About Defined Benefit Pension Plans, Part 1

"Traditional DB pension plans will likely remain highly unattractive to plan sponsors and many of their employees ... We may see other employers do what IBM is doing, replacing DC contributions with cash balance accruals in existing overfunded DB plans, at least temporarily. However, once the surpluses are gone, the DC plan will look better again. In any case, employees would almost always be better off with the DC."  MORE >>

Larry Pollack

Benefits in General

[Guidance Overview]

DOL's Expanded Cybersecurity Guidance: What ERISA Plan Sponsors and Fiduciaries Need to Know

"The updated guidance reinforces the importance of cybersecurity across all ERISA-covered plans. To adhere to the DOL's expectations and mitigate cyber risks effectively, plan sponsors and fiduciaries should ... [1] Evaluate service provider cybersecurity ... [2] Implement robust cybersecurity policies ... [3] Educate participants ... [4] Leverage HHS resources for health plans ... [5] Conduct a cybersecurity self-audit."  MORE >>

Seyfarth

[Guidance Overview]

2025 Quick Benefit Facts (PDF)

2-page chart includes 2025 limits for qualified retirement plans, IRAs, PBGC, Social Security, and health and fringe benefit plans, along with corresponding limits for 2024 and 2023.  MORE >>

Mercer

District Court: Twitter Executives May Plead Entitlement to Surcharge for ERISA Fiduciary Breach in Claim for Severance Benefits

"Plaintiffs were formerly employed by Twitter ... and were participants in one of two Severance Plans that covered Twitter's most senior and other key executives.... Plaintiffs allege that in the days leading up to the closing of the merger, Musk, who was aware that Plaintiffs would be entitled to payment under the Plans, decided to manufacture fake 'cause,' and terminate Plaintiffs before they could resign and claim their benefits.... [T]he Court found that for purposes of the Motion to Dismiss, ... Musk was acting as a fiduciary and not as an employer when he fired Plaintiffs to avoid paying benefits owed under the Plans." [Caldwell v. Musk, (N.D. Cal. Nov. 1, 2024); Agrawal v. Musk, (N.D. Cal. Nov. 1, 2024)]  MORE >>

Roberts Disability Law

Employee Benefits Jobs

View job as Implementation Specialist for Nova 401(k) Associates

Implementation Specialist

Nova 401(k) Associates

Remote

View job as Implementation Specialist for Nova 401(k) Associates
View job as Defined Contribution MEP Account Manager for Nova 401(k) Associates

Defined Contribution MEP Account Manager

Nova 401(k) Associates

Remote

View job as Defined Contribution MEP Account Manager for Nova 401(k) Associates
View job as Qualified Retirement Plan Reviewer for Nova 401(k) Associates

Qualified Retirement Plan Reviewer

Nova 401(k) Associates

Remote

View job as Qualified Retirement Plan Reviewer for Nova 401(k) Associates
View job as Team Leader for Nova 401(k) Associates

Team Leader

Nova 401(k) Associates

Remote

View job as Team Leader for Nova 401(k) Associates
View job as Internal Sales Manager for July Business Services

Internal Sales Manager

July Business Services

Remote

View job as Internal Sales Manager for July Business Services
View job as Internal Sales Associate for July Business Services

Internal Sales Associate

July Business Services

Remote

View job as Internal Sales Associate for July Business Services
View job as Operations Associate, Enrollments for PCS Retirement

Operations Associate, Enrollments

PCS Retirement

Remote

View job as Operations Associate, Enrollments for PCS Retirement
View job as Distributions Analyst for PCS Retirement

Distributions Analyst

PCS Retirement

Remote

View job as Distributions Analyst for PCS Retirement

Selected New Discussions

Contributing to Solo 401(k) But Has Eligible Employee

"I have a potential client approach me with the following situation: Established a Solo 401k in 2021 (he was only employee) & contributed for 2021, 2022. He hired a full-time employee in the beginning of 2023. The eligibility requirements (if relevant) were non-existent in the Solo 401k document (immediate entry). For 2023, contributions were made & deducted for the owner, nothing for the EE. For 2024, contributions have been made already for the owner. What are his options for both fixing 2023 & making sure that the contributions made for 2024 are allowable? If I open a Qualified Plan effective for 2024, can he make the contributions for the EE covering both years? Essentially, is this something that falls under the ability to 'self-correct'?"

BenefitsLink Message Boards

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Ethics: The Fun Way! (yes, there is a fun way)

December 5, 2024 in GA

Pension Education Council of Atlanta [PECA]

ERISA Fiduciary Investment Basics 2025

March 18, 2025 WEBINAR

PLI [Practising Law Institute]

Last Issue's Most Popular Items

2025 Quick Benefit Facts (PDF)

Mercer

Trends in Plan Adoption of SECURE 2.0 Optional Features

Faegre Drinker

IRS Provides Guidance on Benefit Overpayment Rules, Reconciles SECURE 2.0 with EPCRS

Snell & Wilmer L.L.P.

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

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