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Retirement Plans Newsletter

December 3, 2024

2 New Job Opportunities 2 New Job Opportunities

 

[Guidance Overview]

Exceptional Usefulness and Quality icon IRS Releases Interim Guidance on Inadvertent Benefit Overpayments

"This interim guidance specifically refers to the application of the plan qualification and rollover distribution rules ... to the correction methods available for inadvertent benefit overpayments under the [EPCRS] as outlined in [Rev. Proc. 2021-30].... The interim guidance provided in Notice 2024-77 is effective for operational failures caused by inadvertent benefit overpayments that occurred on or after October 15, 2024[.]"  MORE >>

Ascensus

[Guidance Overview]

2025 U.S. Retirement Plan Compliance Calendars

For calendar-year defined benefit (DB) and defined contribution (DC) plans, these retirement plan compliance calendars list key IRS, PBGC, and DOL reporting and disclosure deadlines.  MORE >>

Mercer

District Court Opinion Highlights Employer Defenses to USERRA Allegations

"[The] court stressed that in fact the evidence demonstrated that the employer had taken a decidedly pro-military stance.... In finding that the plaintiff failed to present evidence of anti-military bias, the court noted that the company's voluntary 401(k) make-up contributions for employees serving in the military appeared to contradict this claim." [Porter v. Trans State Holdings, Inc., No. 23-0263 (D. Colo. Nov. 7, 2024)]  MORE >>

Littler

401(k)s and the Courts in 2025

"First, there are 401(k)-related cases already in motion that may start to be clarified by court decisions, including the raft of plan forfeiture and pension risk transfer lawsuits that hit this year. Then there is the likely use and effects of the Loper Bright decision, which overturned decades of judicial deference to federal agencies. And that's all before potential moves by the new administration and Congress regarding the [DOL's] Retirement Security Rule; environment, social and governance investing guidance; and the use of cryptocurrency in defined contribution plans."  MORE >>

planadviser

Taking Advantage of Forfeiture Relief While Avoiding Lawsuits

"Lawsuits filed in 2024 allege that plan fiduciaries are improperly using forfeitures.... [T]here is no clear direction yet on how these lawsuits will affect plan administration. However, you can assist clients now by discussing the following strategies for preventing or avoiding a forfeiture lawsuit. [1] Paying plan expenses with forfeitures ... [2] Specifying the use in the plan document ... [3] Don't forfeit forfeiture relief."  MORE >>

PenChecks

SECURE 2.0 Provisions Can Alter Employer Strategies for 2025 and 2026

"There is significant interest in the enhanced catch-up contributions for participants aged 60 through 63 and the student loan repayment match. Plan sponsors are also preparing for the 2026 requirement that high-earning participants make their catch-up contributions to a Roth account. Some are giving participants the option to receive the employer match as a Roth contribution rather than a pre-tax contribution. Each of these changes involves administrative complexities."  MORE >>

PLANSPONSOR; free registration may be required

Property/Casualty Coverages That Retirement Advisors Should Know

"Although the retirement plan professional may not be licensed to sell property/casualty coverages, ... the professional should at least be aware of these coverages and recommend the client review these topics with their property and casualty professional.... [1] ERISA fidelity bond ... [2] Cyber liability.... [3] Employment practice liability insurance."  MORE >>

InsuranceNewsNet.com

PBGC to Pay Pension Benefits for St. Joseph Health Services Workers and Retirees

"The [PBGC] is taking steps to assume responsibility for the St. Joseph Health Services of Rhode Island Retirement Plan, which covers about 2,500 current and future retirees. St. Joseph Health Services was a not-for-profit corporation that operated a hospital in Providence, Rhode Island. PBGC estimates that the St. Joseph Pension Plan is 35% funded with approximately $47 million in assets and about $135 million in benefit liabilities. The plan is underfunded by $88 million."  MORE >>

Pension Benefit Guaranty Corporation [PBGC]

Social Security Actuarial Note: Illustrative Benefits for Retired Workers, Disabled Workers, and Survivors Scheduled Under Current Law (PDF)

"For a group of example workers with a range of full-lifetime average earnings levels at various ages in 2024, this note displays their current earnings at various ages in 2023, their full-lifetime average earnings, and the amounts they would expect to receive at benefit entitlement. The assumptions ... are similar to those used in the annual Social Security Statement available online to workers and former workers aged 18 and older."  MORE >>

U.S. Social Security Administration [SSA]

Year End Tax Planning Tips for 403(b) Plan Participants

"This post describes over a dozen year-end tax planning strategies, including those that are unique to 403(b) plan participants. The strategies are organized into four categories: tax planning, investing, retirement planning, and philanthropy. It concludes with a summary of two tax-related research studies, three 'need to know' facts, and six take-away action steps."  MORE >>

403bwise

[Opinion]

A Dramatic Transformation of RPAs Is Just Beginning

"The dramatic transformation of the RPA business highlighted by the shift of focus to participant rather than plan fees is being driven by [several factors] ... Few firms are ready, willing and able to make this transformation, and even fewer are executing it now. Though aggregators are well positioned, many are still focused on integration and building culture, which will be required before they can execute."  MORE >>

Fred Barstein, via WealthManagement.com

Benefits in General

Tax Implications of Employer Gift-Giving and Donation Matching

"[C]ash gifts are never a de minimis fringe benefit, no matter how frequent or valuable.... Cash equivalents such as gift cards are also not de minimis fringe benefits ... [D]onation matching may be the gift that keeps on giving.... Amounts paid by a corporate employer as a contribution to a charitable institution are deductible by the corporation in the manner allowable for charitable contributions.... [N]othing prevents an employer from giving taxable gifts to employees."  MORE >>

Littler

Employee Benefits Jobs

View job as Senior Retirement Plan Compliance Analyst for Retirement Planners and Administrators (RPA)

Senior Retirement Plan Compliance Analyst

Retirement Planners and Administrators (RPA)

Remote

View job as Senior Retirement Plan Compliance Analyst for Retirement Planners and Administrators (RPA)
View job as Regional Sales Director for Blue Ridge Associates

Regional Sales Director

Blue Ridge Associates

Remote / CA / IL / MD / MN / OH / VA

View job as Regional Sales Director for Blue Ridge Associates

Selected New Discussions

Qualified Replacement Plan

"Terminating DB plan has excess assets to be transferred to an QRP (which is the sponsor's existing 401k PSP). In the first year of the transfer, can the sponsor use part (greater than 1/7) of the excess to fund the previous years accrued profit sharing contribution? For example, transfer happens in 2025, want to use excess assets to fund 2024 profit sharing contribution in 2025."

BenefitsLink Message Boards

Schedule MEP, and Working Owner

"Does anyone have information on the working owner questions on Part II of the Schedule MEP? I have read the instructions to the schedule, as well as the referenced CFR. Assuming a small 'closed' MEP of business entities, where each entity is a participating employer on the legal plan documents.

  • Entity A -- S-Corp has two owners who are part of the plan, along with a number of employees.
  • Entity B -- LLC, no S-corp election, one member owner, no other employees, self employment earnings, also participates in the plan
  • Entity C -- sole proprietor, no other employees, self employment earnings, also participates in the plan.
  • Entity D -- LLC, no S-corp election, one member owner, several other employees that are part of the plan, owner has self employment earnings and also participates in the plan

"I would think the answer would be yes for all. The definition of working owner doesn't preclude the business from having other employees, so even Entity A has a 'working owner' two in fact. Am I understanding this correctly? If there is a MEP and the owners are NOT part of the plan (do not have earned income, no contributions etc) then I would guess the answer to the question on the schedule would be No. I appreciate any light someone can shed."

BenefitsLink Message Boards

Press Releases

Transamerica Introduces DWC 401(k) Pooled Plan Solutions, An Innovative 401(k) Offering for Employers

Transamerica

Portability Services Network Jump-Starts Nationwide Adoption of Auto Portability

Portability Services Network

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

SECURE 2.0: Update, Amendments and Next Steps

January 22, 2025 WEBINAR

TRA [The Retirement Advantage]

Last Issue's Most Popular Items

2025 Changes for Catch-Up Contributions

Ferenczy Benefits Law Center

Potential Shifts in Employee Benefits: A Guide for Employers Under Trump

Jackson Lewis P.C.

Additional 401(k) Catch-Up Contributions Under SECURE 2.0 (PDF)

Thomson Reuters / EBIA

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

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