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Retirement Plans Newsletter

February 25, 2025

💼  New Job Opportunity Today

 

[Guidance Overview]

DOL Updated Voluntary Fiduciary Correction Program: Self-Correction or Self-Incrimination?

"While VFCP has no user fee, caveat emptor (or let the buyer beware) still applies. The cost for preparing a proper filing, plus the risk that the DOL will reject the proposed filing for technical reasons and initiate an investigation, may make the entire thing not worthwhile for just a few late deposits. And there's one more thing that makes VFCP less attractive than one might presume: a plan sponsor may only get one bite at this apple. If they are repeat offenders with late deposits and they try to use the SCC multiple times, they will likely find themselves in an investigation[.]"  MORE >>

Ferenczy Benefits Law Center

[Sponsor]

[Webinar] Death Audits Without the Risk – CertiDeath Paragon

Reduced-PII technology enables secure decedent verification while minimizing risk. The Berwyn Group’s CertiDeath Paragon revolutionizes death audits by reducing the transfer of sensitive PII, like SSNs. Register now for the webinar to learn more!

Sponsored by The Berwyn Group

State Treasurers Urge Different Courses on ESG Regs

"State-level finance officials from 17 Democrat led states ... sent an open letter to the acting heads of the [SEC and the DOL]. The letter argued that using ESG considerations in retirement investing does not violate fiduciary duties under ERISA.... The letter is responsive to a letter written by 22 Republican state-level finance officials ... on Jan. 28."  MORE >>

Plan Sponsor Council of America [PSCA]

Will a Benefit Really Alleviate Employees' Financial Struggles? Here Are Key Questions to Ask

"[1] What support is available for financially unhealthy employees? ... [2] Is the solution unbiased? ... [3] Does the program use behavioral science to drive action? ... [4] How does the solution approach financial crises and urgent needs? ... [5] Does the program integrate with other benefits? ... [6] How is engagement measured? ... [7] How is ROI measured?"  MORE >>

Brightside

Estimated Competitive Retiree Buyout Cost Increased During January (PDF)

"During January 2025, average accounting discount rates remained flat, while competitive annuity purchase rates decreased by 4 basis points (bps). This caused the estimated competitive retiree buyout cost as a percentage of accounting liability to increase from 101.4% to 101.6%."  MORE >>

Milliman

New Rules Make Saving for Retirement Easier

"The key question these new tools should inspire you to ask is whether you're on track to afford stopping work while maintaining your desired lifestyle in retirement. It's a challenging question, involving numerous hard-to-predict variables. [A chart] provides a framework to help assess your retirement readiness."  MORE >>

Francis, Inc.

One Retirement Safeguard You've Never Heard Of

"Whether you are in the throes of estate planning and picking POAs or currently caring for an older adult, it's worth setting up a Social Security representative payee. This program protects beneficiaries, ensuring their benefits are used to meet basic needs, such as housing, food and healthcare."  MORE >>

Kiplinger

Nondeductible IRA Contributions, and the Dangers of Double Taxation

"The best way to track your nondeductible IRA contributions ... is to file IRS Form 8606 with your income tax return for every year you make a nondeductible contribution....Create a single, organized digital document to track annual contribution amounts, the dates those contributions were made, which account they went to (traditional/Roth), and whether contributions were deductible or nondeductible."  MORE >>

MassMutual

Benefits in General

[Official Guidance]

IRS Disaster Relief Notice KY-2025-01, for Taxpayers Impacted by Severe Storms, Straight-Line Winds, Flooding, and Landslides in Kentucky

"[I]ndividuals and businesses in the entire state of Kentucky affected by severe storms, straight-line winds, flooding, and landslides that began on Feb. 14, 2025 ... now have until Nov. 3, 2025, to file various federal individual and business tax returns and make tax payments."  MORE >>

Internal Revenue Service [IRS]

Companies That Are Leading the Way in Employee Benefits

"Companies offering standout holistic benefits that truly care for the whole person -- and their families -- are leading the way. Review this list of the companies with the best benefits for employees to get some inspiration and refine your own employee benefits strategy."  MORE >>

Nava

EBSA Dismisses Probationary Staff, Employee Ownership Head

"[P]robationary employees were laid off at EBSA, though the precise number of employees and how they are distributed through the agency is not yet known.... [T]he head of the Division of Employee Ownership at EBSA was also terminated.... [SECURE 2.0] established an 'Employee Ownership Initiative' and provided for $50 million in grants to be paid from 2025 to 2029 to promote employee ownership. It is unclear how those funds will be spent or if the Division chief will be replaced, or how EBSA will proceed with its Employee Ownership Initiative."  MORE >>

American Retirement Association [ARA]

Executive Compensation and Nonqualified Plans

[Guidance Overview]

IRS Proposes Regs on Expanded Definition of Covered Employee Under Code Section 162(m)

"This blog post discusses the impact of the Proposed Regulations on ARPA's requirement that a publicly held corporation expand the group of covered employees by adding its five most highly compensated employees.... [If] finalized, these Proposed Regulations are likely to pose complex and difficult implementation issues for affected companies."  MORE >>

Morgan Lewis

2024 NQDC Plan Survey: Leveraging Plans to Retain Key Employees

"Seventy-eight percent of respondents provide NQDC-specific education, a notable increase from only half of plans five years ago. While the majority (85.2 percent) stated that they offer a plan to ensure a competitive benefits package and nearly 60 percent offer a plan to retain eligible employees, nearly the same percentage offer a plan to help eligible employees accumulate retirement assets (58.8 percent) and nearly half offer a program to allow highly compensated employees (HCEs) to defer the same proportion of their income as other employees."  MORE >>

Plan Sponsor Council of America [PSCA]

Employee Benefits Jobs

💼

Employee Benefits Attorney

Reid & Riege, P.C.

Remote / Hartford CT / Hybrid

View job as Employee Benefits Attorney for Reid & Riege, P.C.

Selected New Discussions

W-2 Comp and Health Insurance Wage Expense

"Plan Comp is W-2 Comp. W-2 Pay includes the following: Box 1:

  • Regular Pay of $70,000 (excludes 401(k)
  • Health Insurance Expense of $20,000
  • Total Box 1 = $90,000

Box 3, 5:

  • Regular Pay of $70,000
  • 401(k) of $30,000
  • Total Box 3,5 = $100,000

I believe then for Plan purposes, pay is $100,000, but was hoping to confirm that the $20,000 is not added back into that."

BenefitsLink Message Boards

PBGC Covered or Not?

"A small independent pharmacy. Is it a subject to Title IV or not?"

BenefitsLink Message Boards

Penalties Issued for Late Flings Even with Disaster Relief

"We have a number of clients in FL that were affected this past summer by the hurricanes. Following Hurricane Milton the IRS released a notice that extended prior relief to ALL of FL until May 1, 2025. Recently, we filed 2 of our plans using the information from the notices as a special extension. Both plans were penalized for late filing. Since we have more to file, I am curious if anyone else has experienced this and what you have done to avoid those erroneous penalties?"

BenefitsLink Message Boards

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Mandatory Automatic Enrollment Under SECURE 2.0

February 26, 2025 WEBINAR

Pentegra

Why an Established Industry Is Changing: The Case for PEPs and MEPs

March 4, 2025 in CA

Western Pension & Benefits Council - Orange County Chapter

Benefits Community Forum

April 4, 2025 WEBINAR

New England Employee Benefits Council [NEEBC]

New DOL Self-Correction Component for Retirement Plan Fiduciary Breaches Under the VFC Program

April 8, 2025 WEBINAR

Strafford

Groom Law Group, Chartered’s 27th Annual Seminar

May 15, 2025 in DC

Groom Law Group

Last Issue's Most Popular Items

New Self-Correction Component Under the DOL's Voluntary Fiduciary Correction Program

Faegre Drinker

Lawsuit Accuses Empower of Misusing Participant Data, Cross-Selling

PLANSPONSOR; free registration may be required

Which States Have Retirement Plan Mandates?

Leading Retirement Solutions [LRS]

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

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