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2 New Job Opportunities
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[Official Guidance]
Draft of Instructions for 2024 IRS Form 5329: Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts (PDF)
10 pages Nov. 27, 2024. "What's New: [1] Distributions to victims of domestic abuse.... [2] Distributions for emergency personal expenses." MORE >>
Internal Revenue Service [IRS]
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[Guidance Overview]
2025 Changes for Catch-Up Contributions
"Although this new catch-up contribution was created ... as part of the SECURE 2.0 Act of 2022, the 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 real concerns with making this available to participants at this time.... It is important to remember that a participant isn't eligible to make catch-up contributions until they have first hit a limit or restriction on their regular deferrals[.]" MORE >>
Ferenczy Benefits Law Center
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[Guidance Overview]
Additional 401(k) Catch-Up Contributions Under SECURE 2.0 (PDF)
"Starting in 2025, if your 401(k) plan offers catch-up contributions, participants who attain ages 60, 61, 62, and 63 will have an increased annual dollar limit on catch-up contributions ... While catch-up contributions are an optional plan feature, if your 401(k) plan
already offers catch-up contributions, then you must offer these additional catch-ups." MORE >>
Thomson Reuters / EBIA
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Behind the 401(k) Match: Why Employers Offer It and How to Best Design It
"Implementing an effective employer contribution strategy requires plan sponsors to consider timing, costs and the workforce's specific financial needs.... [D]esigning a match formula that best suits an employer's specific population, as well as deciding on the timing of
contributions, are key consideration[.]" MORE >>
PLANSPONSOR; free registration may be required
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Debt Is Limiting American Retirement Savings
"55% say that they are currently working toward paying off debt to meet their long-term financial goals. 40% worry that their existing debt with impact their future quality of life. 34% who wish they would have saved more say that housing debt is keep them from saving for
retirement." MORE >>
Allianz Life Insurance Company of North America
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PBGC OIG Semi-Annual Report to Congress (PDF)
Office of Inspector General, Pension Benefit Guaranty Corporation [PBGC]
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PBGC Approves $110 Million in SFA for CIC Lumber Industry Plan
"[PBGC] has approved the application submitted ... by the Carpenters Industrial Council Lumber Industry Pension Plan. The plan, based in Portland, Oregon, covers 5,834 participants in the construction industry ... [and] will receive approximately $110.9 million in
SFA ... The plan was projected to become insolvent and run out of money in 2035." MORE >>
Pension Benefit Guaranty Corporation [PBGC]
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PBGC Approves $48 Million in SFA for Teamsters Local 1034 Fund
"[PBGC] has approved the application submitted ... by the International Brotherhood of Teamsters Local 1034 Pension Fund. The plan, based in Long Island City, New York, covers 1,321 participants in the transportation industry ... [and] will receive approximately
$48.7 million in SFA ... The plan was projected to become insolvent and run out of money in 2032." MORE >>
Pension Benefit Guaranty Corporation [PBGC]
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[Opinion]
Sixth Circuit Decision Allows a Performance Standard to Judge the Fiduciary Prudence of 401(k) Plan Investment Decisions
"If allowed to stand, America's plan fiduciaries can be held liable for fiduciary imprudence if they fail to choose the top performing funds in the market or [fail to] beat the S&P 500 index -- even if they never intended to offer a higher-risk investment strategy. The dissent makes the key point that ERISA imposes 'standards of conduct, not standards of performance.' The Sixth Circuit has thus 'open[ed] the door' to speculative ERISA class action lawsuits based on unfair performance standards." [Johnson v. Parker-Hannifin Corp., No. 24-3014 (6th Cir. Nov. 20, 2024)] MORE >>
Encore Fiduciary
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[Opinion]
Fundamental Unfairness: Sixth Circuit Decision Addresses the Premature Dismissal of ERISA Actions
"The recognition by the Sixth Circuit of the inequitable pleading requirements without allowing some amount of discovery is an example of the needed fundamental fairness to ensure that ERISA cases are decided on the merits in furtherance of ERISA's stated goals and
guarantees, not on legal technicalities." [Johnson v. Parker-Hannifin Corp., No. 24-3014 (6th Cir. Nov. 20, 2024)] MORE >>
The Prudent Investment Adviser Rules
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Benefits in General |
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[Guidance Overview]
Agencies Release 2024 Form 5500 Series with Minimal Changes (PDF)
"Form 5500 filers will likely appreciate being able to file Form 5558 electronically; otherwise, many will be unaffected by this year's changes.... Forms 5500 and 5500-SF must be filed electronically using the DOL's EFAST2 website or using software from
EFAST2-approved vendors." MORE >>
Thomson Reuters / EBIA
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DOL Issues Guidelines Concerning Integration of AI Platforms Into the Workplace
"These guidelines aim to support collective bargaining rights for employees, ensure that employees are aware of how employers
use AI in the workplace, and protect workers' rights to data privacy. At the same time, the guidelines encourage employers to support workers whose positions have been displaced by AI." MORE >>
Hall Benefits Law
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Potential Shifts in Employee Benefits: A Guide for Employers Under Trump
"Health Savings Accounts (HSAs) expansion: a new horizon? ... [ACA] revisions: what could change? ... Health care policy: transparency and reform ... Expansion of healthcare alternatives in 2025: what to expect? ... Telehealth and remote work benefits: here to
stay? ... Dependent care benefits: higher limits? ... Supporting families: enhanced adoption assistance benefits? ... Retirement plan reforms: what's on the horizon? ... Immigration policies and retirement benefits: an indirect impact? ... Extension of the 2017 tax cuts and jobs act changes." MORE >>
Jackson Lewis P.C.
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Executive Compensation and Nonqualified Plans |
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[Official Guidance]
Draft of Instructions for IRS Forms 3921 and 3922: Exercise of an Incentive Stock Option Under Section 422(b) and Transfer of Stock Acquired Through an Employee Stock Purchase Plan Under Section 423(c) (PDF)
Draft dated Nov. 27, 2024; form rev. April 2025. "What's New: [1] E-filing returns.... [2] Information Reporting Intake System (IRIS)." MORE >>
Internal Revenue Service [IRS]
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Executive Decisions: Considering CEO Comp in Pre-Retirement Years
"[W]ith the average retirement age among CEOs on the decline, not considering the long-term incentive (LTI) strategy far enough in advance can limit your opportunities to appropriately plan and change course. Inaction also can reduce LTI value that could have been realized in
equity compensation grants made during the CEO's final years in office." MORE >>
Willis Towers Watson
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Employee Benefits Jobs
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Selected New Discussions |
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2021 Cash Balance Plan Start-Up That Hasn't Been Funded Yet
"A National TPA firm, which has a lot of turnover, is handling a Combo Plan for a Law Firm handling criminal law. The Law Firm thought they were going to implement a Cash Balance Plan in 2021 (yes, 2021) and apparently the message didn't get across, but they signed paperwork
to start it. TPA firm is talking to them about penalties and have sent them an email on this. The plan has never been funded. Can they just pretend that it never happened? They don't want it opened. What are their options?"
BenefitsLink Message Boards
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Adding 401(k) to Longstanding Profit Sharing-Only Plan
"Plan Sponsor has a Profit Sharing only plan for 20+ years. Now wants to add a 401k with a Safe Harbor design feature. [1] Does the start of the 401k safe harbor have to be the 1st of the plan year? or can it be any point in the year to start the 401k? [2] Is it
mandatory when adding a 401k that that it have an automatic enrollment since it is not a 'New Plan'?"
BenefitsLink Message Boards
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Interim Amendments Needed Now to Terminate
"What amendments, if any, in the current remedial amendment period are needed before terminating a plan?"
BenefitsLink Message Boards
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Timing of Payment of 20% Mandatory Withholding to IRS
"I have a client with a 401(k) Plan. A prior plan participant is removing their account balance and is taking the money directly. They will receive 80% of their vested balance with the remaining 20% being transferred to the IRS electronically through the EFTPS program. What is
the latest date that the plan can transmit the 20% to the IRS?"
BenefitsLink Message Boards
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Press Releases |
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Prominent ERISA Attorney Joins The Boston Office Of The Wagner Law Group
The Wagner Law Group P.C.
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ShareBuilder 401k is Waiving 401(k) Plan Setup Costs for Small Business and the Self-Employed
Sharebuilder 401k
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Webcasts and Conferences (Retirement Plans / Executive Compensation) |
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What the Election Means for Retirement Plan Policy: Preston Rutledge and DC Pension Geeks
December 2, 2024 PODCAST
National Association of Plan Advisors [NAPA]
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Last Issue's Most Popular Items |
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Employee Benefit Developments and Year-End Considerations
Smith & Downey, P.A.
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How 401(k) Record Keeper Consolidation is Helping RPAs Grow
WealthManagement.com
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IRS Issues Guidance on Long-Term, Part-Time Employees in 403(b) Plans
Trucker Huss
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Copyright 2024 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.
BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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