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New Job Opportunity Today
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[Official Guidance]
Text of 2024 IRS Form 8606: Nondeductible IRAs (PDF)
"Complete this part only if one or more of the following apply. [1] You made nondeductible contributions to a traditional IRA for 2024. [2] You took distributions from a traditional, traditional SEP, or traditional SIMPLE IRA in 2024 and you made nondeductible
contributions to a traditional IRA in 2023 or an earlier year.... [3] You converted part, but not all, of your traditional, traditional SEP, and traditional SIMPLE IRAs to Roth, Roth SEP, or Roth SIMPLE IRAs in 2024 and you made nondeductible contributions to a traditional IRA in 2024 or an earlier year." MORE >>
Internal Revenue Service [IRS]
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[Guidance Overview]
How Does a Retirement Plan Provide 'Disaster Relief'?
"SECURE 2.0 provides that, for disasters declared on or after January 26, 2021, the IRS no longer has to individually declare disaster relief for each disaster, and the plan sponsor does not have to adopt individual amendments. A single amendment for disaster relief can be
adopted, and then when the federal government declares a federal disaster area, the relief provisions will automatically apply to participants living in the disaster area." MORE >>
KLB Benefits Law Group
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Forfeiture Accounts Hold More Than Nonvested Employer Contributions
"[The authors] question a critical assumption underlying all of the forfeiture complaints and all of the court decisions ... observed to date: the assumption that forfeiture accounts hold only nonvested employer contributions and, therefore, the only issue that needs to be
considered is whether nonvested employer contributions may be used to fund employer contributions.... [T]his assumption is likely incorrect." MORE >>
The Wagner Law Group, via JDSupra
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Safeguarding Retirement in the Age of Scams (PDF)
22 pages. "The financial services industry -- along with retirement plan sponsors and plan participants -- can take steps to reduce the likelihood of scam victimization ... Retirement plan providers can harness new technology to authenticate plan participants,
secure their accounts, flag suspicious transactions, elevate awareness and advocate for increased protection. Plan sponsors can educate employees to be watchful for red flags that help them detect fraud and encourage their adoption of account security features." MORE >>
TIAA Institute, via SSRN
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Vanguard to Pay $40M in Target-Date Sell-Off Case
"Vanguard has agreed to pay $40 million to settle a long-running lawsuit over a selloff that investors likened to an 'elephant stampede' from its target-date funds that left retail investors to take a huge capital gains tax hit. The selloff involved
multimillion-dollar corporate retirement plans getting out of the standard target funds and into the institutional equivalents." [Verduce v. Vanguard Chester Funds, No. 22-0955 (E.D. Penn. settlement agreement filed Nov. 6, 2024)] MORE >>
ThinkAdvisor
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[Opinion]
Retirement Industry Objectives for 2025
"[To] improve retirement outcomes, we need to take both a bottom-up and top-down approach. We also need to learn how to use the neuro and behavioral sciences, such as behavioral governance, to inspire and engage the plan sponsor.... Traditional fiduciary training for plan
sponsors often falls flat.... The training industry is experiencing its own Blockbuster Video versus Netflix moment.... The future of professional development is BOTs -- AI Generative closed chatbots." MORE >>
Don Trone, via 401(k) Specialist
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Benefits in General |
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Trump Administration's Potential Impact on Employee Benefits Issues
"The new administration's priorities and positions on certain benefits-related issues are expected to take a dramatic shift from those of the Biden administration.... [1] Fiduciary rule ... [2] Environmental, social, and governance rule ...
[3] Section 1557 rule ... [4] Transgender affirming care for minors." MORE >>
Venable LLP, via JDSupra
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Executive Compensation and Nonqualified Plans |
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[Guidance Overview]
Tax and Disclosure Considerations Related to Executive Security Benefits
"An executive security program allows key employees to focus on the business and protects shareholder value from stock price fluctuations associated with a security incident.... [E]mployers establishing an executive security program should be familiar with the tax consequences of
these benefits for both the employer and the executive and public company employers should be aware of the related rules for disclosure of executive perquisites in their proxy statements." MORE >>
Polsinelli PC
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[Guidance Overview]
ISS Updates 2025 Benchmark Voting Policy and Executive Compensation FAQ
"ISS changed which factors it will consider when voting on director nominees where the board has adopted an initial short-term pill (with a term of one year or less) without shareholder approval.... ISS will now generally support requests to extend a Special Purpose Acquisition
Company's termination date up to one year from its original termination date ... Beginning with the 2025 proxy season, ISS will place greater focus on performance-vesting equity disclosure and design aspects[.]" MORE >>
Fenwick & West LLP
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Employee Benefits Jobs
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Selected New Discussions |
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Plan Loan Request While Participant Is Temporarily on Layoff
"Have a client with seasonal layoffs this time of year. A participant wants to request a loan but is currently on lay off. Since the loan policy requires repayments be made through payroll deduction, is the Sponsor ok with denying this loan until the participant returns to work?
With the nature of this business, the client should address this is in the plan loan policy but at this time has the stock loan policy from the Plan Doc, which does not specifically address this situation."
BenefitsLink Message Boards
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RMD Rollover Timing
"A participant in a 401(k) is taking RMDs. The participant would like to start using her RMD for a Qualified Charitable Donation, so she sets up a direct rollover of the 401(k) account to a new IRA so a portion of her 2025 RMD can be a QCD. (The 2024 RMD was taken before the
rollover was processed.) The recordkeeper will only process rollovers as paper checks. The distribution was processed from the 401(k) but the recordkeeper said it is likely that the participant will not receive the check until after the end of the year. If that happens, the 401(k) will have a $0 balance on December 31, 2024 and so will the IRA. Is the date of the check from the 401(k) distribution sufficient to use that balance as the
12/31/2024 balance for the new IRA so the 2025 RMD can be processed from the IRA?"
BenefitsLink Message Boards
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Last Issue's Most Popular Items |
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IRS's 2024 Required Amendments List Is Chock-Full of Changes
Mercer
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Retirement Plan Forfeitures: a New Wave of Class Action Litigation
Trucker Huss
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Both Employers and Participants Benefit from New IRS Guidance on Correcting Inadvertent Benefit Overpayments
Dickinson Wright
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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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