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Retirement Plans Newsletter

February 19, 2025

💼  2 New Job Opportunities

 

[Guidance Overview]

Converting a SIMPLE IRA to a 401(k) for Greater Contributions and Flexibility

"SECURE 2.0 allowed mid-year conversions from a SIMPLE IRA to a safe-harbor 401(k) starting in 2024 if a few rules [are] followed ... [M]any current SIMPLE IRA plan sponsors recognize that a conversion to a safe-harbor 401(k) may be beneficial to both the business and its employees."  MORE >>

Kushner & Company

District Court Again Backs Biden-Era ESG Rule, But Its Future Remains Unclear

"In [Judge Kacsmaryk's] latest decision to grant summary judgment in favor of the DOL, he stated that the demise of the Chevron standard changed how courts should interpret statutes -- not how they review agency decisions for unreasonableness -- and that Loper Bright 'did not disturb the arbitrary and capricious review standard.' As a result, he rejected the plaintiffs' request to expand the scope of the 5th Circuit's limited remand and to interpret Loper Bright to 'affect standards it does not effect.' " [Utah v. Micone, No. 23-0016 (N.D. tex. Feb. 14, 2025]  MORE >>

planadviser

How to Open a 401(k) for Your Small Business: A Step-By-Step Guide

"Benefits of offering a 401(k) plan ... Step-by-step process to open a 401(k) ... Costs and financial considerations ... Common challenges and how to overcome them."  MORE >>

Ubiquity Retirement + Savings

The Pension (Re)volution: How the Hybrid Approach Is Reshaping Retirement Plans

"The hybrid approach to retirement savings blends the options and strengths of the DC model with a CB-defined benefits strategy.... [T]oday's robust risk management tools, higher interest rates, and improved funded status have created ideal conditions for plan sponsors to explore this new, balanced solution."  MORE >>

Cambridge Associates

Default Investment Acceptance among Public Defined Contribution Plan Participants (PDF)

12 pages. " ... Default investment acceptance declines with age and income levels and appears to be higher for female participants, holding other demographic factors constant.... There was notable variation in default acceptance in the year 2020 (i.e., a period of heightened market volatility) among older DC participants.... Default investment acceptance is higher for public DC participants than 401(k) participants when controlling for age and income."  MORE >>

MissionSquare Reearch Institute

[Sponsor]

2025 CCA Enrolled Actuaries Conference | Virtual

Choose from 39 sessions covering topics in single-employer, multiemployer, public plans, small plans and other topics relevant to pension professionals. Earn up to 18.5 EA credits, including 2.0 EA Ethics credits & 1.5 credits toward bias topics.

Sponsored by Conference of Consulting Actuaries [CCA]

NEPC Pension Monitor, January 2025

"In January, defined benefit pension plan sponsors likely experienced an increase in funded status fueled by gains in global equities. The Treasury yield curve and credit spreads remained mostly unchanged from the end of December. NEPC's hypothetical total-return pension plan saw an increase of 2.1% in funded status compared to an increase of 1.4% for our LDI-focused plan."  MORE >>

NEPC

Do We Need a New Word for Retirement as Fewer People Give Up Work?

"[M]ore than one third of respondents said they were not sure they could retire this year due to the economic environment and high cost of living.... When considering what work they would prefer to do in their so-called retirement years, 83% of respondents said something temporary and perhaps in retail, hospitality, or business support."  MORE >>

InvestmentNews; subscription may be required

How to Know If You Have Enough Saved for Retirement

"[T]he amount you need depends on several factors, including your lifestyle, expected expenses, and other income sources like Social Security or pensions.... [1] Income replacement ratio ... [2] Detailed expense analysis ... [3] The 4% rule & guardrails approach."  MORE >>

Conrad Siegel Actuaries

[Opinion]

How SECURE 3.0 Could Reshape the 401(k) Fiduciary Regulatory Landscape, and Why That's a Good Thing

"The sustainability of Social Security and the adequacy of retirement income are pressing concerns that SECURE 3.0 might address. A major anticipated component of any future SECURE 3.0 is an increased emphasis on lifetime income solutions.... While defined contribution plans like 401k plans have largely replaced defined benefit pensions, some policymakers are pushing for a middle ground incorporating features of both systems.... The new legislation could also focus on accessibility and simplicity in retirement plan management."  MORE >>

Fiduciary News; free registration required

Benefits in General

Sixth Circuit Reaffirms Limits on ERISA Benefits Litigation

"AEP contended, and the district court agreed, that the severance plan was a top hat plan.... the court agreed with the district court that the plan provided 'deferred compensation,' was not subject to ERISA's fiduciary rules, and thus the fiduciary exception to the attorney-client privilege did not apply." [Kramer v. American Elec. Power Exec. Severance Plan, No. 24-3174 (6th Cir. Feb. 10, 2025)]  MORE >>

Kantor & Kantor

The Unclean Hands and In Pari Delicto Doctrines (PDF)

"While there was some initial reluctance to apply the unclean hands doctrine to enforcement suits brought under ERISA, 'because its application would significantly harm innocent parties, namely, participants and beneficiaries,' federal courts have considered and applied the doctrine of unclean hands to bar a plaintiff's recovery in an ERISA action. If a claim is equitable in nature under ERISA Section 502(a)(3), the unclean hands doctrine is available as a defense. "  MORE >>

The Wagner Law Group, via Benefits Law Journal

Executive Compensation and Nonqualified Plans

Do I Need a 409A Valuation for My Company?

"Unlike a valuation for a sale or potential investment, 409A valuations focus on the current fair market value (FMV) of a company's equity.... A 409A valuation determines a private company's FMV which is then used to set the strike price for employee stock options or the baseline value of synthetic equity awards."  MORE >>

Bricker Graydon

Employee Benefits Jobs

💼

Actuarial Administrator

Cash Balance Actuaries

Remote

View job as Actuarial Administrator for Cash Balance Actuaries

💼

Senior Retirement Analyst

Dunbar, Bender & Zapf, Inc.

Remote / Pittsburgh PA

View job as Senior Retirement Analyst for Dunbar, Bender & Zapf, Inc.

Selected New Discussions

Amending Plan to Exclude HCEs From SHNEC

"Plan currently provides that all participants receive a SHNEC. The 100% owner wants to make a PS contribution but the test results are destroyed because her participating daughters are getting a SHNEC -- would there be any BRF issues if the plan is amended to just give the NHCEs a SHNEC? I can't recall if BRFs are ever an issue if it's just the HCEs that would ever get affected by an amendment."

BenefitsLink Message Boards

Cash Out, Forfeiture, Repayment and Roth

"A participant terminates employment and is automatically cashed out into an IRA by the recordkeeper. The individual was less than 100% vested, so forfeited his unvested funds. The individual is then re-employed and wants to repay the rollover in order to have his forfeited funds reinstated. He rolls over most (but not all) of the distributed balance back into the Plan, but there is a catch. Some of funds which were automatically distributed from the plan were Roth, but the plan does not accept rollovers from Roth IRAs. So while the participant did not fully repay the distribution, he did repay all that was technically allowed to be repaid back into the plan. I'm leaning towards the position of reinstating the participant's forfeited amount since they did transfer back all that was allowed by the plan. Any other thoughts?"

BenefitsLink Message Boards

Early Withdrawal from Rollover Account for House Modifications to Care for Aging Parent

"A client needs to bring his father over to live with him due to his age and health. There is a rollover account with plenty of money in it but the client is only 57. The renovations needed to make the house usable I guess is a lot ($100K+... I didn't ask why so much). There is already a personal loan in place and I don't know if you can call pulling that much out of a plan a hardship. I've looked and there is no exception to the 10% early distribution penalty. Is it as cut and dry as that? There is nothing he can do or say to be spared that added 10% for his noble effort caring for his elderly dad? Roll out some of his rollover account to somewhere and then pull what he needs without an early dist penalty from there? Trying to think outside the box at this point."

BenefitsLink Message Boards

Press Releases

Arthur J. Gallagher & Co. Acquires Agilis Partners LLC

Arthur J. Gallagher & Co.

Tax Season 2025: myStockOptions.com Updated Resources And Special Webinar Offer Crucial Guidance On Tax Returns Involving Equity Comp

myStockOptions.com

Prudential Launches OneLeaveā„¢ to Help Simplify and Improve the Workplace Leave Experience

Prudential Financial, Inc.

Alera Group Accelerates Growth in Wealth Management and Retirement Plan Divisions

Alera Group

Newfront and Pave Announce Strategic Partnership to Simplify Employee Benefits and Compensation Management

Newfront

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Integrating Guaranteed Income Solutions: Enhancing Retirement Security for Plan Participants

February 20, 2025 in CA

Western Pension & Benefits Council - Orange County Chapter

ERISA Representation Issues and the Latest ABA Ethics Opinions

March 18, 2025 WEBINAR

American Bar Association Joint Committee on Employee Benefits [JCEB]

HSA University, Session 2

April 24, 2025 WEBINAR

Ascensus

SWBA 50th Annual Conference

May 12, 2025 in TX

SouthWest Benefits Association

Last Issue's Most Popular Items

The Biggest SECURE 2.0 Act Takeaways Impacting Employers

OneDigital

Is There a Deadline for True-Up Contributions?

PLANSPONSOR; free registration may be required

DOL Issues Missing Participant and Lost and Found Guidance

Ferenczy Benefits Law Center

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

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