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Retirement Plans Newsletter

December 12, 2024

6 New Job Opportunities 6 New Job Opportunities

 

[Guidance Overview]

Most SECURE 2.0 Plan Design Options Are Fully Available for 2025

"While final guidance is still needed in some areas, the Treasury and the IRS have issued sufficient guidance for recordkeepers to be able to administer the numerous plan design options SECURE 2.0 made available to DC plan sponsors.... [1] Emergency funds ... [2] Student debt payment ... [3] Catch-up contributions ... [4] Matching and employer contributions as Roth contributions ... [5] Automatic enrollment ... [6] Self-correction and overpayments ... [7] Long-term, part-time employees."  MORE >>

Segal

[Guidance Overview]

Exceptional Usefulness and Quality icon 2025 Is Right Around the Corner: What's Lurking There Waiting for You?

"You have probably become used to being assaulted by legal and regulatory changes that you need to address for your retirement plan.... Several issues are waiting for you in 2025, either because they are truly effective then, or because government guidance has been issued that makes an option available to you now.... [Here is] a quick summary of what is lurking around the corner for 2025 that may need your attention."  MORE >>

Ferenczy Benefits Law Center

[Guidance Overview]

2024 Required Amendments List Primarily Addresses Optional Plan Provisions

"The IRS has issued its 2024 Required Amendments List for individually designed qualified retirement plans (including 401(k) plans) and 403(b) plans.... Part A lists no 2024 changes. Part B lists two items: provisions relating to rural electric cooperative retirement plans and changes in the family attribution rules made by the SECURE 2.0 Act. Part C is the most extensive, listing numerous optional plan provisions and relevant IRS guidance."  MORE >>

Thomson Reuters / EBIA

Second Circuit Affirms Dismissal of ERISA Breach of Fiduciary Duty Claims Alleging Excessive Recordkeeping Fees

"The court emphasized the necessity of context-specific allegations to support claims of excessive fees. Plaintiffs’ comparisons were deemed lacking as they failed to detail the specifics of the recordkeeping services provided to the Deloitte plan versus those of the comparator plans.... The decision also highlighted Plaintiffs’ reliance on outdated and irrelevant benchmarks, such as past market surveys, which did not provide a meaningful comparison to the services rendered during the class period in question." [Singh v. Deloitte LLP, No. 23-1108 (2d Cir. Dec. 10, 2024)]  MORE >>

Roberts Disability Law

DOL Weighs in on Actuarial Equivalence

"DOL supports the plaintiffs' position that it was unreasonable for the defendants to use mortality assumptions from the mid-1900s to convert the plaintiffs' SLA benefits into their actuarial equivalent QJSA benefits -- an actuarial assumption that did not 'reasonably approximate the SLA benefits participants would have received over their actual lives' -- in violation of ERISA's actuarial equivalence requirement, its nonforfeiture provision ... as well as its fiduciary standards provision ... DOL argues that the district court departed from 'virtually every other court to consider the question.' " [Drummond v. Southern Company Services, Inc., No. 22-0174 (N.D. Ga. Jul. 30, 2024; on appeal to 11th Cir. No. 24-12773, DOL amicus brief filed Dec. 4, 2024)]  MORE >>

Miller & Chevalier

Tips for 401(k) Loan Program Design

"By including a loan option, your employees may perceive the plan design as a suggestion to use 401(k) assets for nonretirement reasons, known as the endorsement effect. These design tips are intended to provide participant education, avoid the endorsement effect, lower the balance of outstanding loans and prevent loan defaults, regardless of employees' job stability."  MORE >>

International Foundation of Employee Benefit Plans [IFEBP]

The Importance of Reviewing Employees' Retirement Account Beneficiary Designations

"Plans that follow best practices for keeping their employees' beneficiary information up to date can help ensure the smooth transition of their assets to their intended recipients."  MORE >>

Kushner & Company

SEC 2025 Examination Priorities: Retirees and Rollovers

"[T]he SEC is focusing on advice to retirees and older investors, as reflected in the 2025 Examination Priorities.... This reflects a policy concern that older investors are in a category where abuses could be more likely and that therefore warrants special focus for examination.... Broker-dealers and investment advisers should review and consider augmenting their policies, practices and supervision for services to older investors and retirees."  MORE >>

FredReish.com

Crypto Investments and Your 401(k)

"What do we know about crypto investments in 401(k)s? ... What's being done to protect investors and their 401(k) investments? ... What more could be done to improve monitoring of crypto assets?"  MORE >>

U.S. Government Accountability Office [GAO]

Morningstar Drops Recommended Safe Withdrawal Rate to 3.7%

"Morningstar Inc. has lowered what the investment research firm considers a safe retirement savings withdrawal rate for new retirees based on a 30-year outlook.... Morningstar researchers considered forward-looking asset class returns and inflation assumptions for new retirees, excluding what they may be getting from Social Security or other nonportfolio income sources such as a company pension."  MORE >>

planadviser

RetireTech Map 1.0

"This retirement industry landscape map offers a clear, comprehensive view of 60 digital-forward companies tackling the biggest challenges in workplace retirement. Organized into nine focus areas, our map highlights industry innovation and helps stakeholders see where these solutions fit within the broader retirement ecosystem."  MORE >>

KWP Growth Partners

Benefits in General

[Guidance Overview]

Exceptional Usefulness and Quality icon Important Benefit Plan Considerations for Year-End and 2025

"Retirement Plans: Plan sponsors should engage in conversations with their recordkeeper about implementation of the many optional provisions under SECURE 2.0.... Though SECURE 2.0 plan amendments are not due until December 31, 2026, plan sponsors should update the plan's summary plan description to include any SECURE 2.0 changes already in effect.... Health and Welfare Plans: [HIPAA] reproductive healthcare rights ... Section 408(B)(2)(b) fee disclosures ... Mental health parity ... Cybersecurity."  MORE >>

McDermott Will & Emery

[Guidance Overview]

Summary of 2025 Benefit-Related Cost-of-Living Adjustments (PDF)

23 pages. "The IRS, [PBGC], Social Security Administration (SSA), and [CMS] have issued 2025 cost-of-living adjustments (COLAs) for retirement, health and fringe benefit plans; Medicare; and Social Security and Supplemental Security income (SSI). Puerto Rico's Treasury Department has not yet announced 2025 limits for retirement plans qualified in Puerto Rico, but those figures are tied to US limits."  MORE >>

Mercer

Employee Benefits Jobs

View job as National Sales Director for Farmer & Betts, Inc.

National Sales Director

Farmer & Betts, Inc.

Remote / Tacoma WA / Lake Oswego OR

View job as National Sales Director for Farmer & Betts, Inc.
View job as Retirement Plan Consultant for FuturePlan, by Ascensus

Retirement Plan Consultant

FuturePlan, by Ascensus

Remote / PA

View job as Retirement Plan Consultant for FuturePlan, by Ascensus
View job as VP, Sales Consultant - Michigan Territory (Retirement Industry) for FuturePlan, by Ascensus

VP, Sales Consultant - Michigan Territory (Retirement Industry)

FuturePlan, by Ascensus

Remote

View job as VP, Sales Consultant - Michigan Territory (Retirement Industry) for FuturePlan, by Ascensus
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 Product Support Specialist – General Support for ftwilliam.com

Product Support Specialist – General Support

ftwilliam.com

Remote / Huntsville AL

View job as Product Support Specialist – General Support for ftwilliam.com
View job as ERISA/Employee Benefits Associate for Nixon Peabody

ERISA/Employee Benefits Associate

Nixon Peabody

Remote / Albany NY / Boston MA / Chicago IL / Melville NY / Los Angeles CA / Manchester NH / New York NY / Providence RI / Rochester NY / San Francisco CA / Washington DC / Hybrid

View job as ERISA/Employee Benefits Associate for Nixon Peabody

Selected New Discussions

First Year of Roth

"Can anyone explain why IRA custodians request the 'first year of Roth' when a Roth 401(k) is rolled over to a Roth IRA? The 5-year clock starts over when Roth funds are rolled over from a 401(k) to a Roth IRA. Besides the fact that I also don't understand WHY the clock starts over, why is this data collected?"

BenefitsLink Message Boards

Commercially Unreasonable Interest Rate and Participant Loans

"If a loan is issued with a commercially unreasonable rate of interest. How is this a violation of IRC 72(p) that would provide for the authority to deem the loan? If your answer is it results in a violation of substantially level amortization, please provide your reasoning."

BenefitsLink Message Boards

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

401(k) Real Talk Episode 133

RECORDED

Wealth Management

2024 Public Pension Solvency and Performance Report

December 5, 2025 WEBINAR

Reason Foundation

Last Issue's Most Popular Items

IRS RMD Comparison Chart (IRAs vs. Defined Contribution Plans)

Internal Revenue Service [IRS]

IRS FAQs: Retirement Plan and IRA Required Minimum Distributions

Internal Revenue Service [IRS]

Employment and Employee Benefits Areas to Watch in Trump’s Second Term

Debevoise & Plimpton LLP

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

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