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Retirement Plans Newsletter

November 19, 2024

3 New Job Opportunities 3 New Job Opportunities

 

[Guidance Overview]

DOL Launches Data Collection to Reunite Workers with 'Lost' Retirement Savings

"Starting [November 25], plan administrators, recordkeepers and other service providers are encouraged to voluntarily submit data to populate the system, expected to launch by December 29.... The information collection request [and fact sheet] issued by EBSA [outline] the data elements needed to populate the database and the methods by which retirement plan administrators can submit this information."  MORE >>

planadviser

[Sponsor]

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[Guidance Overview]

What the DOL's AI Guidance Means for Plan Sponsors

"As AI tools increasingly become more integral to retirement planning and financial education, it's important to ensure these technologies are used transparently and responsibly to empower participants while mitigating risks associated with AI.... [1] Ethical AI and financial decision-making ... [2] Empowering participants through personalized planning ... [3] Transparency and trust."  MORE >>

RPAG

[Guidance Overview]

IRS Regs Clarify 403(b) Plans' Obligations to Part-Time Employees

"403(b) plan sponsors should: [1] determine whether any of their employees will qualify as long-term, part-time employees beginning Jan. 1, 2025 ... [2] permit qualifying employees to begin making elective deferrals to the plan beginning Jan. 1, 2025; [3] if the plan includes employer contributions, decide whether LTPT employees will be eligible for these contributions ... [4] if they will be eligible, track their hours of service since Jan. 1, 2023 for purposes of determining their vested interest; and [5] amend the 403(b) plan document if necessary to reflect the new eligibility rules."  MORE >>

Bond, Schoeneck & King

Third Circuit Affirms Finding that Withdrawal Liability Assessment Was Untimely

"Employers assessed with withdrawal liability often argue that the assessment is untimely because the trustees did not send it to the employer 'as soon as practicable,' as is required under 29 U.S.C. Section 1399(b)(1).... Historically, the defense seldom succeeded because employers could not establish that they were unduly prejudiced by a delay in the assessment.... [T]he Third Circuit became the first court to hold that an employer need not show prejudice at all to establish the defense." [Allied Painting & Decorating Inc. v. Int'l Painters and Allied Trades Ind. Pension Fund, No. 23-1537 (3d Cir. Jul. 11, 2024)]  MORE >>

Proskauer

Successor Withdrawal Liability in Asset Sales: Tips for Employers Before Buying the Assets of a Unionized Company

"[1] Be aware of the successorship trap.... [2] Do your due diligence.... [3] Address withdrawal liability in the sale agreement.... [4] If necessary and possible, strike a deal with the pension fund before finalizing the transaction ... [5] Work with the contracting entity."  MORE >>

Fisher Phillips

Two Steps Forward, Two Steps Back: A Look at 403(b) Plans

"A strong majority of employees who can participate in a 403(b) do. With only the exception of 2021, the percentage has grown steadily from 83.7% in 2016 to 90% in 2023.... An ever-increasing percentage of plans employ auto-enrollment.... The number of participants with loans from their 403(b)s outstanding grew in 2023 to 16.5%.... The percentage of participants who took a hardship distribution from their 403(b) more than doubled from 2022 to 2023."  MORE >>

American Retirement Association [ARA]

Déjà Vu All Over Again: Insecurity for ERISA's Retirement Security Rule After Trump's Election?

"[L]et's surmise for the moment that the incoming Trump administration ... does not appeal the pending rejection of the DOL's amended regulation by the Texas courts and lets the amended regulation die on the vine. At that point, ... one would have [1] the 1975 rule in place ... [2] no effective reinterpretation of the 1975 rule that would cause rollover solicitations to be subject to it, and [3] presumably, no other obvious remnants in place of the DOL's rollover-related initiative. There is, however, still some room for caution."  MORE >>

The Wagner Law Group

What Is a Pooled Employer Plan (PEP)?

"PEPs, which first became available in 2021, aim to build economies of scale and reduce fiduciary risk by allowing unrelated employers of any size to participate in a single defined contribution plan. Participating employers retain the flexibility to select the key contribution and other design features that align with their business needs."  MORE >>

Willis Towers Watson

PBGC Approves $30M in SFA for UFCW Local 360 Labor-Management Plan

"[PBGC] has approved the application submitted ... by the United Food and Commercial Workers International Union, Local 360 Labor-Management Pension Plan. The plan, based in Pine Brook, New Jersey, covers 6,117 participants in the service industry.... [The] Plan, which is in critical status, will receive approximately $30.4 million in SFA[.]"  MORE >>

Pension Benefit Guaranty Corporation [PBGC]

[Opinion]

Adding Private Equity Investment Options to 401(k) Plans

"401(k) accounts long ago stopped being some form of supplemental retirement savings account for employees, instead becoming the sole opportunity for retirement income for most ... It is a fiction to pretend that any but the smallest portion of those investors is sophisticated enough not to be an easy mark for speculative investments or even good investments that happen to either pose high risk or impose high fees."  MORE >>

Stephen Rosenberg, The Wagner Law Group

[Opinion]

Pet Peeves About the Retirement Industry, Part 2

"[1] Making 'apples to oranges' comparisons of world pension systems.... [2] Ignoring the existence and impact of Social Security.... [3] Using compounding 'Magic' to make mountains our of molehills.... [4] Claiming that 401(k)s are only for the 'rich.' ... [5] Referring to recordkeeping as a 'commodity.' "  MORE >>

Nevin Adams, via American Retirement Association [ARA]

Benefits in General

Designing a Benefits Plan for Your Late-Career Employees

"Address older worker healthcare needs ... A greater interest in insurance coverage ... Encourage retirement saving with matching and education ... Consider legal assistance as a company benefit ... Flex-time and other benefits."  MORE >>

PlanPILOT

Employee Benefits Jobs

View job as Compliance Consultant (TPA) for Retirement Plan Consultants

Compliance Consultant (TPA)

Retirement Plan Consultants

Remote / Norfolk NE

View job as Compliance Consultant (TPA) for Retirement Plan Consultants
View job as DB-CB Plan Administrator for The Pension Source

DB-CB Plan Administrator

The Pension Source

Remote / Stuart FL

View job as DB-CB Plan Administrator for The Pension Source
View job as Benefits Technician for Grossmont Union High School District

Benefits Technician

Grossmont Union High School District

El Cajon CA

View job as Benefits Technician for Grossmont Union High School District

Selected New Discussions

Adjustable Loan Interest Rate

"Because the participant loan will be used to purchase a principal residence, can you use an adjustable interest rate? Just because the interest rate is to be established at the time of the loan, to me that does not necessarily mean you can't use an adjustable rate because the adjustable rate would be established at the time of the loan. any thoughts? Anyone seen this before?"

BenefitsLink Message Boards

Pre-Approved 401(k) Plan with Multiple Missed Restatements: How to Correct?

"Employer started 401k plan in 2001 and signed an amendment freezing contributions to the plan in 2008. Since then all assets have been distributed except for 1 participant and the employer has continued to file Form 5500-SFs. Employer going through a merger and needs to terminate the plan. Employer cannot locate the original plan document or any amendments or restatements. The only document we have is the amendment freezing the plan. We know the plan must be updated prior to termination, but can we just adopt a Cycle 3 restatement and the required amendments since then or do we have to go back to 2008 forward and adopt required interim amendments? Doesn't the Cycle 3 restatement capture those requirement amendments? Trying to figure out the most cost-effective but compliant method to fix this."

BenefitsLink Message Boards

Press Releases

Federal Court Approves $12M Plan to Distribute Assets to Providers, Participants Harmed by Underfunded Health Plan Arrangement in 36 States

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

Peek's First-Ever 'Prescription Marketplace' Helps Employers Revolutionize Their Prescription Benefits

Peek

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

ERISA Moments Ep. 27: The SEC Staff Speaks Out on Standards for Rollover Recommendations

November 19, 2024 WEBINAR

Faegre Drinker

2024 Washington Update

November 21, 2024 in MA

New England Employee Benefits Council [NEEBC]

Election Impact on Retirement Policy

December 10, 2024 WEBINAR

Western Pension & Benefits Council

NTSA Summit

February 23, 2025 in TX

National Tax-Deferred Savings Association [NTSA]

Last Issue's Most Popular Items

Text of DOL Announcement of Start of Information Collection to Build 'Lost' Retirement Savings Online Search Tool (PDF)

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

EBSA Fact Sheet: Retirement Savings Lost and Found Information Collection Request (PDF)

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

IRS Provides Guidance on Distributions for Emergency Personal Expense and Domestic Abuse Victims

Morgan Lewis

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

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