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Retirement Plans Newsletter

February 12, 2025

8 New Job Opportunities 8 New Job Opportunities

 

[Guidance Overview]

Missing Participants: DOL Relaxes Enforcement Policy for Transfer of Small Balances to State Unclaimed Property Funds

"[1] In calculating whether the benefit is $1,000 or less, the amount of outstanding plan loans are disregarded and rollover contributions are included; [2] The plan fiduciary must conclude that the state unclaimed property fund is a prudent destination; [3] The plan fiduciary must have implemented and exhausted a prudent program to find missing participants and [4] The summary plan description must explain that missing participants may have their account balances transferred to a state unclaimed property fund and identify a plan contact for further information."  MORE >>

Jackson Lewis P.C.

[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]

The DOL's Voluntary Fiduciary Correction Program: What Business Owners Need to Know

"Key takeaways for small businesses ... [1] Don't ignore plan errors.... [2] Make sure your error is eligible and fix it completely.... [3] Use the self-correction option for small mistakes.... [4] Keep detailed records."  MORE >>

Employee Fiduciary

[Guidance Overview]

IRS Guidance Provides Flexibility for Student Loan Matching

"These rules afford employers significant flexibility in designing their student loan matching programs. The IRS even noted that the employer can require the use of payroll to be eligible for QSLP match and generally may require verification through a third party (provided accommodations are made if the third party cannot monitor a loan). This significantly decreases the burdens of implementation and makes these programs more practical to administer."  MORE >>

American Retirement Association [ARA]

DOL Asks Fifth Circuit to Pause Appeal of Fiduciary Rule

"On Tuesday, the [DOL] filed a motion in the U.S. 5th Circuit Court of Appeals to hold its appeals in two court cases about the DOL's fiduciary rule, saying the new administration and agency officials need time to onboard and familiarize themselves with the cases. In the motion, the government noted that the opposing parties, led by the American Council of Life Insurers and the Federation of Americans for Consumer Choice, do not oppose the motion." [FACC. v. DOL, No. 24-0163 (E.D. Tex. Jul. 25, 2024; on appeal to 5th Cir. No. 24-40637); ACLI v. DOL, No. 24-0482 (N.D. Tex. Jul. 26, 2024; on appeal to 5th Cir. No. 24-10890)]  MORE >>

planadviser

District Court Rules Employer's Withdrawal Liability Cannot Be Based on Post-Rehabilitation Plan Contribution Increases

"The Court noted that the resulting increase in benefits predated the Fund's rehabilitation plan, and thus could not satisfy the statute's requirement that increased contributions be used to pay for additional benefits or benefit accruals ... Several other employers have challenged the Fund's efforts to include post-2014 contribution rate increases in its withdrawal liability calculations, and the Seventh Circuit is expected to resolve the issue later this year." [Central States, S.E. & S.W. Pension Fund v. McKesson Corp., No. 23-16770 (N.D. Ill. Jan. 13, 2025)]  MORE >>

Proskauer

Dan Aronowitz Nominated to Be New EBSA Assistant Secretary

"President Donald Trump has nominated Daniel Aronowitz to lead the [DOL's] Employee Benefits Security Administration. Aronowitz is president of Encore Fiduciary, a fiduciary liability insurance underwriting company.... Aronowitz has thirty years of experience in the professional liability industry as a coverage lawyer and underwriter ... and authors a blog highlighting key developments impacting retirement plan fiduciaries."  MORE >>

Pensions & Investments

Auto Portability Gains Steam: Insights from Market Adoption Theory

"As both defined contribution recordkeepers and their plan sponsor clients increasingly recognize the benefits of auto portability, its adoption has begun to accelerate. Market adoption theory provides a useful framework for explaining why auto portability is on the cusp of becoming a mainstream feature in retirement plans.... Market adoption theory also highlights the role of market forces in driving adoption."  MORE >>

401(k) Specialist

Most Advisers Say Bitcoin and Digital Assets Not Aligned with Fiduciary Duty

"Nearly two-thirds (62%) of advisers surveyed believe recommending a speculative asset like bitcoin does not align with their legal obligation to act in their clients' best interest ... 74% of respondents said the pressure to align with traditional financial goals conflicts with the push from cryptocurrency firms to make digital assets a core portfolio component."  MORE >>

planadviser

Investment Menu Influences in DC Plans

"Best practices related to investment menus suggest that committees employ a diligent process when designing a menu and selecting managers. This would also include a documented rationale for the investment lineup and diversification options offered to plan participants as well as ongoing monitoring. It is also important to consider the variety of external factors that can impact and ultimately influence DC investment menus."  MORE >>

Defined Contribution Institutional Investment Association [DCIIA]

De-Risking in 2025: DB Lump Sums

"[This article provides] an analysis of ... how 2024 interest rates (generally used for valuing 2025 lump sums) may affect sponsor decisions to de-risk (or not de-risk) defined benefit plan liabilities via a lump sum window in 2025.... For plans contemplating a 2025 lump sum window that have latitude with respect to lookback month and stability period ... interest rate volatility during late 2024 means different lookback months produce very different 2025 lump sum values."  MORE >>

October Three Consulting

Reevaluating the 4% Withdrawal Rule

"[Initial] research concluded that 3.3% was a more realistic estimate of a safe starting withdrawal rate in 2021 -- assuming a balanced portfolio, fixed real withdrawals over a 30-year retirement, and a 90% probability of success. That number has fluctuated in the years since.... [T]hese are conservative estimates for fixed withdrawal rates, and retirees can also use flexible withdrawal systems to enlarge their starting and lifetime withdrawals."  MORE >>

Morningstar

Benefits in General

[Guidance Overview]

2025 Benefit Limits and Annual Amounts All in One Place

"There is a telltale sign that you are a true benefit nerd ... you have printouts of the annual benefit plan limits tacked to the wall by your desk."  MORE >>

Bricker Graydon

Destination 2030: A Roadmap for the Future of Employer-Provided Benefits (PDF)

153 pages. "This strategic plan begins by offering a brief history of ERISA, what it was designed to achieve, and other significant events affecting the U.S. labor market. It then reviews the fundamental elements of the Council's prior strategic plans and identifies the organization's foundational vision and values. These include: [1] The value of tax incentives for benefit plans and principles for smart tax policy.... [2] ERISA's primacy, and the balancing act between federal and state action.... [3] The critical partnership between people, employers and government.... [4] The importance of bipartisanship for stable benefits policy.... [5] Flexibility drives coverage and innovation."  MORE >>

American Benefits Council

Considerations for Selecting a Benefits Administrator

"[1] Range of services ... [2] Technology and integration ... [3] Customer service ... [4] Cost and value ... [5] Reporting and analytics "  MORE >>

Milliman

Form 5500: An Overview for Plan Sponsors

"Form 5500 is an annual report that contains information about a company's benefits, including welfare benefit plans (including medical, dental, life insurance and disability benefits), retirement plans, fully-insured plans, and self-funded plans. [This update covers] the essentials of Form 5500, including who is required to file, the filing deadline, and the potential penalties for failing to file."  MORE >>

Maynard Nexsen

Executive Compensation and Nonqualified Plans

Understanding Non-Qualified Stock Options: Tax Implications and Strategies

"Non-qualified stock options grant employees and certain non-employees, such as consultants and board members, the right to purchase company shares at a fixed price within a set timeframe. The strike price, determined by the company's 409A valuation or fair market value, remains fixed, allowing individuals to potentially profit if the share price increases over time."  MORE >>

Withum Smith+Brown, PC

Employee Benefits Jobs

View job as Experienced Combo Plan Administrator for Benefit Associates, Inc.

Experienced Combo Plan Administrator

Benefit Associates, Inc.

Remote / Huntington Beach CA / NY

View job as Experienced Combo Plan Administrator for Benefit Associates, Inc.
View job as Retirement Plan Administrator for Retirement Solutions Specialists

Retirement Plan Administrator

Retirement Solutions Specialists

Remote / Jacksonville FL / Hybrid

View job as Retirement Plan Administrator for Retirement Solutions Specialists
View job as Plan Consultant for BPAS

Plan Consultant

BPAS

Remote / Syracuse NY

View job as Plan Consultant for BPAS
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 Retirement Plan Administrator for ERISA Services, Inc.

Retirement Plan Administrator

ERISA Services, Inc.

Remote

View job as Retirement Plan Administrator for ERISA Services, Inc.
View job as Retirement Plan Peer Review and Technical Specialist for ERISA Services, Inc.

Retirement Plan Peer Review and Technical Specialist

ERISA Services, Inc.

Remote

View job as Retirement Plan Peer Review and Technical Specialist for ERISA Services, Inc.
View job as Implementation Specialist for Retirement Solutions Specialists

Implementation Specialist

Retirement Solutions Specialists

Remote / Jacksonville FL / Hybrid

View job as Implementation Specialist for Retirement Solutions Specialists
View job as Sales Consultant for TPA Experts

Sales Consultant

TPA Experts

Remote / Norwich NY

View job as Sales Consultant for TPA Experts

Selected New Discussions

Plan Merger Reporting

"Let's say a plan merges (into a PEP) on October 2, 2024. But the assets aren't liquidated until October 12, and not actually 'transferred' until 3 days later -- October 15.. Now, my understanding has always been that the technical 'last day' of the plan year is the effective date of the merger agreement. That is (arguably, depending upon who you are dealing with) the day that the assets 'belong' to the new plan, even though the technical transfer doesn't take place until somewhat later. But the auditor wants to see the date of the 'final' as being the date of the physical transfer of the fund, therefore showing a balance of zero as of (in this example) October 15th. Is there really any problem with just showing the final date of the form as October 15th? Seems like it'll keep everyone happy and have no real effect on anything?"

BenefitsLink Message Boards

Plan Termination and Forfeitures

"If a 401k plan is terminating for example as of 5/31/25, all account balances are required to become 100% vested. But when do the remaining forfeitures have to be reallocated -- is it as of 5/31 or can forfeitures remain after this date to pay expenses such as mailing fees, etc. It seems like they should go to participant accounts as of the termination date?"

BenefitsLink Message Boards

Employer Missed a Roth Deferral

"The NHCE elected to make a $5,000 Roth deferral. Pay was not reduced and no deferral (Roth or pre-tax) was made at all. The only EPCRS correction I see is for the employer to make a 40% pretax contribution, with earnings, to a QNEC. The employer and employee would like to do more. [1] contribute the 40%, with earnings, to an employee Roth account [2] and amend the 2024 W-2 to include the 40% with earnings. The IRS website (not EPCRS) allows retroactive characterization if a deferral had been made but incorrectly designated as non-Roth. However, I don't see anything in EPCRS that would allow this for an employer QNEC. I'm inclined to tell the client to act in good faith but it would be nice to know if there is more creative guidance for this issue than making a 40% pre-tax QNEC."

BenefitsLink Message Boards

Press Releases

Gravie Names Steve Wolin Chief Executive Officer

Gravie

Corebridge Digitally Enhances Retirement Plan Portals for Participants and Plan Sponsors

Corebridge Financial

PensionPro Partners With ASC to Enhance Workflow Automation for TPAs

PensionPro

Private-Sector Health Insurance Benefits Data Presented by Mark Farrah Associates

Mark Farrah Associates [MFA]

FAIR Health Launches Alzheimer’s Disease Shared Decision-Making Tool and Supplementary Resources

FAIR Health

Vestwell Unveils New Emergency Savings Account (ESA) Offering

Vestwell

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

401k Real Talk, Episode 139

February 12, 2025 WEBINAR

WealthManagement.com

Practical and Tactical Actions for Small Business Owners

March 19, 2025 WEBINAR

TRA [The Retirement Advantage]

IRA Transfers and Rollovers

March 20, 2025 WEBINAR

Ascensus

Last Issue's Most Popular Items

DOL Finalizes Update to Voluntary Fiduciary Correction Program

Groom Law Group

Retirement Plan Correction Solution: Gru's Nefarious Transition Period

Ferenczy Benefits Law Center

The Hidden Cyber Threat Lurking Among Your Remote Hires

The Wagner Law Group

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

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