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Retirement Plans Newsletter

January 15, 2025

4 New Job Opportunities 4 New Job Opportunities

 

[Official Guidance]

Text of IRS Notice 2025-13: Weighted Average Interest Rates, Yield Curves, and Segment Rates for January 2025 (PDF)

"This notice provides guidance on the corporate bond monthly yield curve, the corresponding spot segment rates ... and the 24-month average segment rates ... [as well as] the interest rate on 30-year Treasury securities ... as in effect for plan years beginning before 2008 and the 30-year Treasury weighted average rate[.]"  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

Self-Correction of Late Deposits: Finally, But Not Really

"The new version [of the Voluntary Fiduciary Correction Program (VFCP)] ... makes a number of important changes ... The underlying methodology of calculating the correction itself is the same.... [T]he submission [to DOL] hasn't been eliminated. It's been changed (actually added to since the existing option is still available). This table summarizes the key differences."  MORE >>

DWC

[Guidance Overview]

DOL Offers Enforcement Relief for Missing 401(k) Plan Participants

"Retirement plan fiduciaries now have an option to help manage small benefit amounts owed to individuals who cannot be located ... Under [a new EBSA enforcement relief policy], the department will not take action under the fiduciary duty provisions of [ERISA] against fiduciaries who transfer entire benefit payments owed to missing participants of $1,000 or less to state unclaimed property funds, if certain conditions are met."  MORE >>

401(k) Specialist

[Guidance Overview]

IRS Releases Roth Catch-Up Guidance

"Under newly proposed regs, employers offering catch-up contributions wouldn't be required to offer the new supersize option for 60- to 63-year-olds. Plans with no Roth option could allow no catch-up contributions at all.... Starting in 2026, catch-up contributions for those earning more than $145,000 per year will have to be done after taxes to a designated Roth account."  MORE >>

ThinkAdvisor

[Guidance Overview]

Exceptional Usefulness and Quality icon IRS Issues Guidance on Catch-Up Contributions

"The proposed regulations make clear that the mandatory Roth catch-up provision will entail significant administrative complexity for employers and plan administrators, whether or not the plan offers a qualified Roth contribution program. Moreover, although the increased catch-up provision is an optional design change, plan sponsors have encountered a number of important considerations regarding implementation. Both require plan sponsors to coordinate with payroll, third-party administrators, and other stakeholders, and to work with counsel to ensure compliance with the legal requirements based on their particular circumstances."  MORE >>

Groom Law Group

[Guidance Overview]

Changes in Due Dates for PBGC Premiums in 2025 Plan Years (PDF)

"For pension funds covered by the [PBGC's] insurance programs, annual premiums have generally been due on the 15th day of the tenth month during that pension fund's plan year, but a provision in the Bipartisan Budget Act of 2015 seems to accelerate that due date by one month -- beginning with 2025 plan years -- but only for 2025 plan years."  MORE >>

First Actuarial Consulting, Inc.

[Guidance Overview]

DOL Lost and Found Database for Retirement Savings Goes Live

"The purpose of the Database is two-fold: (1) to allow individuals to search for the contact information of any retirement plan from which they may be owed benefits (as either a participant or a beneficiary); and (2) to allow the Department of Labor to have access to retirement plan information to assist individuals with their searches for “lost” retirement savings. The Database is now live for retirement plans data submissions and individual searches."  MORE >>

Faegre Drinker

Lost a 401(k)? Here's How to Reclaim Your Retirement Savings

"Many individuals may not even realize they have unclaimed accounts or might have forgotten about them over time. Here's everything you need to know about the Retirement Savings Lost and Found Database, additional steps to reclaim your retirement account, and tips to prevent losing track of accounts in the future."  MORE >>

Employee Fiduciary

PBGC Approves $868M in SFA for UNITE HERE Fund

"[PBGC] has approved the application submitted ... by the Legacy Plan of the UNITE HERE Retirement Fund (UNITE HERE Fund). The plan, based in White Plains, New York, covers 91,744 participants in the hospitality industry ... [and] will receive approximately $868.8 million in SFA.... The plan was projected to become insolvent and run out of money in 2030."  MORE >>

Pension Benefit Guaranty Corporation [PBGC]

[Opinion]

Amicus Brief of Encore Fiduciary to SCOTUS, Urging Stronger Pleading Standards in ERISA Fiduciary Breach Cases (PDF)

"Excessive fee lawsuits have become a lucrative way for a small group of plaintiffs' firms to monetize ERISA's fiduciary provisions.... Petitioners in this case -- who have already lost on their Section 1104 claim -- ask the Court to construe a neighboring provision to create a form of duplicative liability that would be even more susceptible to misuse." Cunningham v. Cornell Univ., No. 21-0088 (2d Cir. Nov. 14, 2023; cert. pet. granted Oct. 3, 2024)]  MORE >>

Supreme Court of the United States

Executive Compensation and Nonqualified Plans

[Guidance Overview]

ISS and Glass Lewis Announce Compensation-Related Updates for 2025 Proxy Season

"Beginning with the 2025 proxy season, ISS will place greater scrutiny on the disclosure and design aspects of performance-vesting equity.... ISS also provided a non-exhaustive list of typical considerations it will take into account when reviewing the disclosure and design aspects of performance-vesting equity ... [Glass Lewis] updated its discussion on the treatment of unvested equity awards following a change in control transaction [.]"  MORE >>

Proskauer

Employee Benefits Jobs

View job as DB Pension Administrator for Farmer & Betts, Inc.

DB Pension Administrator

Farmer & Betts, Inc.

Remote

View job as DB Pension Administrator for Farmer & Betts, Inc.
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 Account Manager - Retirement & Investment for CBIZ

Account Manager - Retirement & Investment

CBIZ

Remote / North Royalton OH

View job as Account Manager - Retirement & Investment for CBIZ
View job as Senior Account Manager - Retirement & Investment for CBIZ

Senior Account Manager - Retirement & Investment

CBIZ

Remote

View job as Senior Account Manager - Retirement & Investment for CBIZ

Selected New Discussions

Posthumous QDRO; Divorce Decree Lists Incorrect Plan Name and Number

"Participant's divorce decree from a decade ago granted his ex-spouse 50% of the pension benefit accrued during the term of the marriage. No QDRO was ever filed and the participant passed away a few months ago. The ex-spouse has retained an attorney to draft and file a posthumous QDRO. The draft DRO itself is well-written, but the original divorce decree submitted with the draft DRO is a problem. It lists an incorrect plan name and awards the ex-spouse benefits from that plan. There is nothing to indicate the parties ever intended for the ex-spouse to share in the benefits from this plan. In some cases, a court will grant nunc pro tunc (retroactive) orders to correct clerical errors, etc. However, there are cases stating a retroactive order cannot be used to create new substantive rights that didn't previously exist. In this case its not clear whether the local family law court would modify the original decree, or whether the plan could accept that modified order. (The participant had remarried and there is a viable argument that 100% of the survivorship rights vested in the new spouse at the time of the participant's death.) Any thoughts or ideas are appreciated. The posthumous QDRO rules from the DOL are not instructive and the cases are all over the board, even after PPA."

BenefitsLink Message Boards

Is My Stepmother an HCE?

"I own 100% of my company My dad and his wife (my step mother) are both employees. My dad is HCE/key. How about my step mother?"

BenefitsLink Message Boards

Press Releases

John Hancock Retirement Announces Partnership with Vestwell, Launching 'FutureStepTM' to Expand Plan Offering

John Hancock Retirement

PSCA Announces Retirement Income Education Program

PSCA [Plan Sponsor Council of America]

OneDigital and Mylo Form Strategic Relationship for Small Group Employee Benefits Business

OneDigital

Michael Schloss Accepts Senior Department of Labor Position

The Wagner Law Group P.C.

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Tax Considerations Under a Second Trump Administration: Rothification, Fringe Benefits, Telehealth, and More

February 12, 2025 WEBINAR

Eversheds Sutherland

Last Issue's Most Popular Items

Text of EBSA Notification of Adoption of Updated Voluntary Fiduciary Correction Program

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

Text of EBSA Field Assistance Bulletin No. 2025-01: Enforcement Relief for Pension Plans' Transfer of Small Retirement Benefit Payments to State Unclaimed Property Funds

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

To Roth or Not to Roth: That Is No Longer the Question for Some Catch-Up Eligible Individuals

Bricker Graydon

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

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