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Retirement Plans Newsletter

December 17, 2024

2 New Job Opportunities 2 New Job Opportunities

 

[Guidance Overview]

Catching Up on 401(k) Catch-Up Changes for 2025

"Starting in 2025, the SECURE 2.0 Act allows participants ages sixty to sixty-three to make 'super-catch-up contributions' ... Employers may need to amend their retirement plans by the end of 2024 ... The introduction of super-catch-up contributions will require significant updates to payroll and recordkeeping systems to track different age categories and contribution limits."  MORE >>

Ogletree Deakins

[Sponsor]

Discover what's possible with Stax·ai

Experience optimal retirement plan administration. Enhance efficiency, accuracy, and savings -- focus on people, not paperwork.

Sponsored by Stax.ai

[Guidance Overview]

SECURE 2.0 in 2025: Big Plan Design Changes

"Knowing how the following three provisions influence plan design, administration, and costs can help you better serve your clients. [1] The mandatory automatic enrollment feature will shake up how plans are designed in the future. [2] The long-term, part-time employee change in 2024 gets a reduction in 2025. [3] Participants in their early 60s get a chance to save more for the future."  MORE >>

PenChecks

[Guidance Overview]

Things to Worry About, Part 5: Long-Term, Part-Time Employees

"SECURE Act 2.0 reduced the three-year requirement to two years and extended the requirement to private sector 403(b) plans. The 2.0 change applies in January 2025 for calendar year plans.... [A]dvisors and providers should redouble their efforts to inform affected employers of the new rules and requirements, and the steps necessary to comply."  MORE >>

FredReish.com

[Guidance Overview]

Retirement Plan Correction Solution: Employees vs. Independent Contractors

"[R]etirement plan document providers developed ... language to ... say that individuals classified as independent contractors by the company are excluded from the plan, even if a court or administrative agency determines that such individuals are common law employees and not independent contractors. This exclusionary language protects the plan from being found to exclude otherwise eligible individuals ... It does not, however, protect the plan from failing coverage testing as a result of the exclusion -- the second and perhaps more complex issue."  MORE >>

Ferenczy Benefits Law Center

[Guidance Overview]

IRS Releases Final Regulations on Tax Withholding Requirements

"These regulations address a payor's obligation to withhold income taxes when those payments or distributions are made to payees outside of the United States. This guidance applies to deferred compensation plans ... and includes any pension, annuity, profit sharing, stock bonus plan, or other plan that defers the receipt of compensation."  MORE >>

Ascensus

[Guidance Overview]

DOL Launches Retirement Savings Lost and Found

"The [Retirement Savings Lost and Found (RSLF)] being launched is significantly narrower in scope than the Department's initial proposal of April 16, 2024, and is expressly designed to be only a starting point for populating the database.... [T]he RSLF announcement answers important data security and fiduciary responsibility concerns left unanswered by the initial and revised proposal of September 12, 2024."  MORE >>

Verrill Dana LLP

EBSA Head Says DOL Will Have Access to SSA Data for Lost and Found Database

"Lisa Gomez, assistant secretary of Labor and head of [EBSA], explained ... at a hearing hosted by the ERISA Advisory Council (EAC) that EBSA would be able to use the document for the database.... However, there are downsides to using 8955-SSA, to an extent that it cannot be relied upon, and voluntary data collection will still be required to complement it."  MORE >>

Plan Sponsor Council of America [PSCA]

ERISA Advisory Council Recommends More 'Qualified Default Investment Alternatives' in Retirement Plans

"After studying the effectiveness of qualified default investment alternatives (QDIAs) in retirement plans, the ERISA Advisory Council (EAC) has made recommendations to the [DOL] ... [which] include [1] creating a 'tips document' to help fiduciaries in choosing QDIAs with lifetime income options, [2] improving QDIA guidance, and [3] providing for QDIAs in IRAs."  MORE >>

BenefitsPro; free registration required

Plan Benchmarking

"Whether it's evaluating 401(k) plan fees or comparing a company's compensation package against its competitors, plan benchmarking is a necessary exercise for sponsors ... [B]efore a plan sponsor even begins the benchmarking process, it is important to take a step back and evaluate the goals of the organization and the outcomes it is looking to achieve with its retirement plan."  MORE >>

PLANSPONSOR; free registration may be required

Retirement Industry Trends to Watch in 2025

"Plan sponsors will increase their focus on evaluating and selecting retirement income solutions within DC plans.... Customized in-plan retirement income options, including hybrid target-date funds and managed accounts, will continue to gain momentum....AI tools will engage participants in a more interactive, personalized planning experience."  MORE >>

Institutional Retirement Income Council [IRIC]

Financial Shocks, Caregiving, Inflation and Technology Are Top Retirement Concerns

"According to survey responses, retirees are less likely to say that they are 'better off than expected' in 2024 compared to the survey conducted in 2021. Other results reveal pre-retirees are increasingly aware of the need to financially prepare for unexpected events compared to previous surveys, yet the amount they can save decreased."  MORE >>

Society of Actuaries

The QCD Dance

"Some IRA accounts allow check-writing privileges. Checks written to a charity from a 'checkbook IRA' qualify as a valid QCD. However, the custodian may not recognize the distribution until the check is cashed! That could be in early 2025 ... and then we have problems."  MORE >>

Slott Report

Annuity Purchase Update, December 2024

"[T]otal U.S. Single-Premium Pension Risk Transfer sales reached $14.2 billion in the third quarter of 2024, marking a 36% increase from 2023.... [T]hrough Q3 of 2024, 530 buy-out contracts were finalized ... setting a record for the highest number of buy-out contracts sold.... In the fourth quarter, insurance carriers reached their capacity limits, prompting them to suspend taking on new transactions for the rest of the year."  MORE >>

October Three Consulting

[Opinion]

Muddled Thinking About Defined Benefit Pensions, Part 2

"Dear state and local government officials: The $350 billion of Coronavirus state and local fiscal recovery funds from the American Rescue Plan Act of 2021 are spent. You must now pay for the services you provide to your constituents without pandemic windfalls. Luckily, like Dorothy in The Wizard of Oz, you've always had the power to generate funds without taxes. The magic lies within the actuarial finance you use to fund your pension plans."  MORE >>

Larry Pollack

Benefits in General

[Official Guidance]

IRS Disaster Relief Notice WV-2024-06, for Victims of Post-Tropical Storm Helene in West Virginia

"[I]ndividuals and businesses in parts of West Virginia that were affected by Post-Tropical Cyclone Helene that began on Sept 25, 2024 ... now have until May 1, 2025, to file various federal individual and business tax returns and make tax payments.... [I]ndividuals and households that reside or have a business in Mercer County qualify for tax relief."  MORE >>

Internal Revenue Service [IRS]

Considerations When Evaluating a Benefits AI Vendor

"70% of benefits leaders say they're approached by AI vendors at least once a month.... [These questions] will help you create a shortlist of AI vendors and compare those offerings against each other.... [1] What are your business requirements? ... [2] What is the vendor's expertise level? ... [3] How does the vendor address relevant risk? ... [4] What is the sales process like? ... [5] Will you have the right support during implementation?"  MORE >>

HealthEquity

Closing Out 2024 and Preparing for 2025

"Employee handbooks and policies ... Review contribution limits ... Evaluate partner and vendor performance ... Plan and prioritize employee communication and education ... [As] of the first day of the plan year beginning on or after January 1, 2024, group health plans are required to expand their internet-based self-service tool to include all covered items, services, and drugs[.]" [Includes a chart of most common deadlines by date.]  MORE >>

AssuredPartners

More Than Numbers: EBSA Delivers Life-Changing Results

"[EBSA protects ] more than 153 million workers, retirees and their families who receive coverage from approximately 765,000 private retirement plans, 2.8 million health plans and 619,000 other welfare benefit plans. Together these plans hold estimated assets of $13.6 trillion.... Last year, with a budget of under $200 million, [EBSA] recovered $1.4 billion for plans, participants and beneficiaries — a return on investment that delivers results for America's workers."  MORE >>

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

Executive Compensation and Nonqualified Plans

U.S. Companies Refine Approach to ESG Metrics in Executive Pay Programs

"In the U.S., more than three in four S&P 500 companies (77%) reported in this year's proxies they incorporated at least one ESG metric in their executive incentive plans. That's unchanged from the previous year but up sharply from 52% four years ago."  MORE >>

Willis Towers Watson

Employee Benefits Jobs

View job as Retirement Plan Administrator for Bates & Company, Inc.

Retirement Plan Administrator

Bates & Company, Inc.

Remote / Winter Park FL

View job as Retirement Plan Administrator for Bates & Company, Inc.
View job as Retirement Plan Compliance Consultant for EPIC RPS

Retirement Plan Compliance Consultant

EPIC RPS

Remote / Norwich NY

View job as Retirement Plan Compliance Consultant for EPIC RPS

Selected New Discussions

Pledging Company Assets as Collateral

"Bank wishes to lend Company funds secured by Company's equipment, accounts receivable, inventory, etc. Company is owned 85% by the Company's retirement plan and 15% equally by two individuals: Owner A and Owner B. Three individuals used their balances in the Plan as an equity infusion into Company. One of these individuals is Company's President and Secretary/Treasurer and a Board member; and another is Company's retirement plan trustee (for the 85% Plan shareholder). While the rollover assets of the Plan can't be pledged as collateral, nor can the Plan guarantee the Bank loan, can any other assets owned by Company be used to secure the loan from the bank, or does it result in a prohibited transaction? If so, where in the Code, Regs, case law would I find that?"

BenefitsLink Message Boards

Retroactive Adoption of Plan by Member of Controlled Group

"DC plan sponsored by ABC, Inc owned by Joe. XYZ Inc is also owned by Joe but no employees. Joe apparently took salary under XYZ Inc for 2023 and applied for pension purposes. Joe now decided to let the TPA know this happened and wants TPA to have XYZ adopt the plan as well so that can continue having both firms within the plan. Can the effective date of adoption be 1/1/2023 for XYZ Inc? Is this correctible under self-correction?"

BenefitsLink Message Boards

Press Releases

Jackson Walker Announces Addition of Steven Day to Employee Benefits & Executive Compensation Practice

Jackson Walker

TPSU Celebrates Over a Decade of Empowering Retirement Plan Sponsors with Industry-Leading Education Programs

The Plan Sponsor University [TPSU]

Future Capital Partners with AssuredPartners Investment Advisors to Enhance Retirement Plan Management

Future Capital

Farmers National Banc Corp. Acquires Crest Retirement Advisors LLC

Farmers National Banc Corp.

NFP, an Aon Company, Acquires Salus Group, Expanding Its Employee Benefits Offerings for the Middle Market

NFP Corp.

New 2024 NAPA Black Book Now Online!

National Association of Plan Advisors [NAPA]

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

ERISA Fiduciary Litigation for Plan Sponsors and Administrators: Recent Cases, Standing, Excessive Fees, Remedies

January 28, 2025 WEBINAR

Strafford

Student Loan Retirement Matching: IRS Updates, Early Adopter Insights, and More

January 29, 2025 WEBINAR

National Association of Plan Advisors [NAPA]

Variable Annuities, RILAs, and Other Insurance Investment Products: 2025 Regulatory Developments

February 20, 2025 WEBINAR

PLI [Practising Law Institute]

Last Issue's Most Popular Items

Schlichter Targets Another Pension Risk Transfer

American Retirement Association [ARA]

What Is a SOC Report and Why Plan Sponsors Should Review Them Each Year

Cassell Plan Audits

Text of IRS Notice 2025-1: Weighted Average Interest Rates, Yield Curves, and Segment Rates for December 2024 (PDF)

Internal Revenue Service [IRS]

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

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