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[Official Guidance]
Text of SSA FAQs on Implementation of the Social Security Fairness Act, Eliminating WEP and GPO
"SSA is finalizing its plan to implement the Act while limiting negative effects on our regular workloads and services to the public. We cannot yet provide an estimated timeframe for when we will adjust a person's past or future benefits, but we will continue to provide
updates on this webpage. We thank the public for its patience." MORE >>
U.S. Social Security Administration [SSA]
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[Official Guidance]
Draft of Instructions for 2024 IRS Form 8915-F: Qualified Disaster Retirement Plan Distributions and Repayments (PDF)
73 pages, Jan. 24, 2025. "What's New ... [1] A new fact sheet addressing frequently asked questions on qualified disaster distributions for 2021 and later disasters is available ... [2] Update to Appendix D of Form 8915-F instructions." [Also available: 2024 IRS Form 8915-F] MORE >>
Internal Revenue Service [IRS]
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[Guidance Overview]
EBSA Beats IRS in Updating Its Program for Self-Correction
"The IRS was directed in ... SECURE 2.0 ... to update EPCRS within two years of the enactment date of December 29, 2022. The IRS was also supposed to apply such correction principles to a new correction program for IRAs by that date.... [E]mployers should continue
to follow the guidance of Notice 2023-43 with respect to eligible inadvertent failures.... Meanwhile on January 14, 2024 ... [EBSA] updated the [VFCP] ... to permit self-correction of two specific types of transactions[.]" MORE >>
Trucker Huss
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[Guidance Overview]
Catch-Ups, Auto Enroll, and RMDs -- Oh My!
"These proposed regulations provide clarity and flexibility for implementing SECURE 2.0's provisions. They ensure that participants have tax-advantaged savings options, while employers gain a clearer framework for compliance. However, the new Roth-only requirement for high
earners introduces administrative challenges, particularly for plans that do not currently offer Roth contributions." MORE >>
Jenny Kiesewetter, via LinkedIn
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Supreme Court Justices Can't Find Consensus in Landmark Cornell Case
"For Barrett and other justices, the structure of ERISA law, with one section describing prohibited transactions and another section outlining exemptions, represents a challenge to reconcile as well as the many other exemptions provided by the [DOL]." [Cunningham v. Cornell Univ., No. 21-0088 (2d Cir. Nov. 14, 2023; cert. pet. granted No. 23-1007; oral arg.
Jan. 22, 2025, transcript and audio)] MORE >>
Pensions & Investments
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Financial Planning Aspects of Unretiring
"Because finances are often the top reason, most retirees who consider reentering the workforce need to ask questions such as: How does unretiring affect Social Security benefits and retirement accounts? How does age affect Social Security and retirement accounts? What kind of
tax consequences should be considered when unretiring?" MORE >>
Journal of Accountancy
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U.S. State Pension Plans Funding Status, Fourth Quarter 2024
"The aggregate funded ratio for U.S. state pension plans decreased by an estimated 1.8 percentage points during the fourth quarter of 2024 to end the quarter at 87.3%,a 7.4% increase from December 2023 ... The quarterly change in funding resulted from a 1.3%
decrease in asset value and a 0.7% increase in liability value. Although the aggregate funded ratio is estimated to have decreased by 1.8% in the fourth quarter, it is estimated to have increased by 7.4% for the calendar year 2024." MORE >>
Wilshire Associates
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[Opinion]
Oral Arguments in Cunningham v. Cornell University: A Question of Asymmetry and Fundamental Fairness
"Several justices cited the plans' red herring of 'expensive discovery' as a compelling factor in favor these 401k br3ach cases.... Justice Jackson countered by suggesting that there were other viable options to address such concerns, notably limited and/or
'controlled discovery' rather than unnecessarily denying employees the rights and protections guaranteed to them under ERISA.... [A]llowing 'controlled discovery,: including discovery of a plan's advisory contract and the minutes from the plan's meetings would be in furtherance with the overall purpose and goals of ERISA, without being onerous to a plan." MORE >>
The Prudent Investment Adviser Rules
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[Opinion]
The Social Security Fairness Act Is a Terrible Piece of Legislation – Here’s How to Fix the Problem
"Yes, the case for the WEP and GPO involves some understanding of Social Security. Yes, the provision could have been better designed.... But these adjustments were designed to fix a real equity issue. How could any well-informed member of Congress vote to eliminate them --
wasting money, accelerating the exhaustion of the trust fund, and making the 75-year financing hole bigger? ... The most constructive thing to do at this point is to ... extend Social Security coverage to the 25-30 percent of state and local workers who are not covered by Social Security." MORE >>
Alicia Munnell, via Center for Retirement Research [CRR] at Boston College
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[Opinion]
ERIC and Coalition Allies Submit Amicus Brief Urging Review of Pension Risk Transfer Case
" 'Like the 401(k) fee class actions that came before them, this new wave of pension risk transfer litigation appears to be the next proverbial pot of gold for the Plaintiffs' bar,' said Tom Christina, Executive Director of the ERIC Legal Center. 'If
meritless claims like this advance beyond swift dismissal, there is significant risk the floodgates will burst open, and plaintiffs' firms will get a big payday while employers and employees will be faced with big legal bills and an even bigger threat to the retirement system we know today.' " [Doherty v. Bristol-Meyers Squibb, Inc., No. 24-6628 (S.D.N.Y. complaint filed Sep. 3, 2024; amicus brief filed Jan. 23, 2025)] MORE >>
The ERISA Industry Committee [ERIC]
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Benefits in General |
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Global State of Benefits Report 2025 (PDF)
"Wellbeing benefit spending has dropped as foundational benefit spend increases ... Low employee engagement with benefits was a major challenge for companies in 2024 ... Global benefits are becoming increasingly complex and varied ... Is ESG missing from the
benefits conversation?" MORE >>
Ben
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Selected New Discussions |
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Safe Harbor De Minimis?
"I have a client with a former employee who worked a half day in 2024 as a substitute. The employee was eligible and they have a safe harbor non-elective provision. The 3% contribution would be ~$15. My understanding is the letter of the law so to speak requires the
$15 deposit. I have an ethical issue asking the client to make this deposit when the force out distribution will generate a fee from the record keeper (or us the TPA) that exceeds the balance of the account. Me: Client you need to make this deposit. Also Me: Thanks that is my money now as a fee. Is there a standard practice for how to handle these types of situations?"
BenefitsLink Message Boards
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Which EIN for Forms 1099-R and 945?
"When a TPA processes distributions for a retirement plan sponsor, including federal tax withholdings and deposits and related tax filings, is it typical for the TPA to use their own EIN on the Form 1099-R and Form 945? Does it depend on whether the TPA is also the
custodian and/or trustee?"
BenefitsLink Message Boards
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HCE Deferred in Excess of 402(g) Limit - Does It Affect Abpt Testing?
"A non-SH plan (combo with CB) HCE defers 17k over 402g limit (under age 50), 40k in total ADP testing is done using 40k, this is clear. How about ABPT testing, done on 23k or 40k (need to pass ABPT for 401a4 purposes as ratio group will not work)? The excess will be refunded
sometime. Other than tax purposes, does it matter if refunded by 4/15 or later?"
BenefitsLink Message Boards
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Webcasts and Conferences (Retirement Plans / Executive Compensation) |
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IRA and Employer Plan Rollovers
RECORDED
Ascensus
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Can Duties of Prudence and Loyalty Diverge?
RECORDED
National Association of Plan Advisors [NAPA]
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5 Retirement Strategies You Need to Know
RECORDED
Savant Wealth Management
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ERISA Moments Episode 30: DOL Investigations: Priorities for 2025
RECORDED
Faegre Drinker
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Automatic Enrollment: New Proposed Regulations – What You Need to Know!
February 18, 2025 WEBINAR
National Association of Plan Advisors [NAPA]
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IRA University, Session 1
February 19, 2025 WEBINAR
Ascensus
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Executive Compensation Tax Issues in M&A Transactions: Avoiding Tax Pitfalls of Deal Structures, Best Practices for Counsel
February 25, 2025 WEBINAR
Strafford
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ERISA Preemption and Employee Benefit Claims: Recent Court Decisions, Causes of Action, Plan Administration
March 4, 2025 WEBINAR
Strafford
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Last Issue's Most Popular Items |
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IRS Provides 'Super' and Roth Guidance
Eversheds Sutherland
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2025 Limits on Contributions to 401(k) Plans Qualified in Puerto Rico
Carlos Gonzalez Law Office LLC
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Catching-Up on Catch-Up Contribution Changes
Seyfarth Shaw LLP
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BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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