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Retirement Plans Newsletter

February 26, 2025

 

[Guidance Overview]

New 401(k) Plan Requirements End Pre-Tax Catch-Up Contributions for High Earners

"While the statutory requirements take effect for taxable years beginning after December 31, 2023, the deadline for compliance with the Roth catch-up requirements is postponed to 2026 due to its administrative complexity. Plans are permitted to apply the proposed regulations in the meantime, and the IRS has designated 2024 and 2025 as an administrative transition period."  MORE >>

Ice Miller, via Quade

[Sponsor]

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Sponsored by ASC

Texas District Court Judge Sticks to His Guns on Validity of Biden-Era ESG Rule

"Judge Kacsmaryk ... [affirmed] the validity of the most recent regulation on a fiduciary's consideration of non-pecuniary factors in making investment option decisions for a defined contribution pension plan. In so doing, he held that the regulation ... 'is not contrary to ERISA under a post-Chevron analysis.' Even more surprisingly, he criticized the challengers of the rule as embodying 'wooden textualism' and 'capriciousness' in 'demand[ing] arbitrary randomness' in choosing between equally advantageous investment options." [Utah v. Micone, No. 23-0016 (N.D. tex. Feb. 14, 2025]  MORE >>

Kantor & Kantor

Employers Unlikely to Implement Retirement Income Solutions

"[W]hile employers have evaluated implementing guaranteed income options to their plans, just 17% say they are 'very' or 'extremely' likely to incorporate a solution within the next 12 to 18 months, either because they are already 'happy with their current plan design,' or due to low participant demand. Instead, plan sponsors say they are analyzing their investment lineups and considering changes like 'reducing or removing options, replacing managers, or adding options to their core menu.' "  MORE >>

401(k) Specialist

DC Target Date Performance 2021-2024, in Four Charts

"To track 'how DC participants are doing,' [these examples] focus on a participant who is 55 years old at the beginning of 2021, looking to retire at age 65. As of January 1, 2021, he had enough money -- $161,627 -- to buy a deferred-to-65 annuity of $1,000 per month. How has he done over the last four years, that is, since January 1, 2021?"  MORE >>

October Three Consulting

Social Security Is Expediting Payments and Benefit Adjustments for Those Affected by WEP/GPO Repeal

"Most people will receive their retroactive payment two to three weeks before they receive their notice in the mail.... Social Security is expediting payments using automation and will continue to handle many complex cases that must be done manually, on an individual case-by-case basis."  MORE >>

U.S. Social Security Administration [SSA]

Could Trump Seek Revenue via a Sharp Cut in 401(k) Contribution Limits?

"The No. 1 source of untaxed benefits is health benefits. Retirement benefits are No. 2 ... An idea that does seem likely is opening up retirement accounts to alternative investments and cryptocurrency options. One of the fastest-growing classes of exchange-traded funds, crypto nonetheless remains a limited option in the 401(k) space."  MORE >>

InsuranceNewsNet.com

The 'Guardrails Approach' to Retirement Income

"Retirement spending strategies typically balance two competing priorities: maximizing the retiree's spending or leaving a legacy. [Recent] research from Morningstar looks at a new metric -- the spending/ending ratio -- to help retirees assess how various retirement spending strategies balance those competing priorities. Flexible portfolio-spending strategies, delaying Social Security and purchasing annuities can help increase lifetime income while making less money available as a bequest."  MORE >>

InsuranceNewsNet.com

What Retirement Planning Isn’t

"Employees can easily latch onto media-hyped, generalized one-size-fits-all numbers without a clear understanding of whether those figures align with their personal financial circumstances. The conversation around prudent retirement planning should begin with defining what it isn't: [1] A magic number ... [2] Determined by generic advice ... [3] a One and Done decision."  MORE >>

FiduciaryAdvisors LLC

This Trend Has Important Implications for Social Security's Full Retirement Age

"As part of its review of a recent proposal, the Social Security actuaries provided another contribution to the extensive body of evidence showing that life expectancy is positively related to income and that the gap between those at the top and the bottom of the income distribution has increased over time. This pattern is of crucial importance when considering the progressivity of the Social Security program and any proposal to increase the program’s full retirement age."  MORE >>

Center for Retirement Research [CRR] at Boston College

[Opinion]

Alaska House Bill 78 Exposes the State to Significant Additional Costs

"Alaska House Bill 78 would reopen the [DB] pension systems for new hires and allow all teachers and public workers currently in the [DC] plan to use their DC account balances to purchase past service in the DB pension plan.... Despite adjustments to retirement eligibility, this move could realistically add $11.4 billion in additional costs to future state budgets and reintroduce Alaska to ... the same risk that generated over $7.6 billion in state pension debt and spurred the 2005 pension reform that closed Alaska's DB pension plan to new hires in the first place."  MORE >>

Reason Foundation

Selected New Discussions

Participant Asked for Roth, Got Pre-Tax, for 3 Years

"Participant asked for deferrals to be taken as Roth, but it was done as pre-tax. Started May 2023 through last week when they left. What is the remedy for that? In plan Roth rollover? The thing that gets me is it was the participant who was in charge of entering the deferrals into the payroll system. 403(b) plan, but that shouldn't matter, I think."

BenefitsLink Message Boards

First Year Report (5500) for Plan with Zero Assets

"We set up a 401(k) plan with a 1/1/2019 effective date, first deferral was made in 2020 and according to the TPA, no 5500s have ever been done. File initial return with all $0?"

BenefitsLink Message Boards

Employee Deferred Prior to Entry Date

"I have a safe-harbor matching 401k plan where the employee satisfied his one year of employment on 11/3/24. The adoption agreement defines eligibility as 1 year of service with semi-annual entry dates of 1/1 and 7/1. This would enter him on 1-1-25. This created confusion with the plan sponsor and, evidently, the payroll company because they deducted a 401k contribution from his December paycheck. I am thinking they need to refund the $170 and issue an amended W-2 for 2024. Is my understanding correct, and if so, does anyone have a better recommendation? Does anyone know what may happen in an IRS audit if they choose to leave it there and not amend the plan to permit it? The deposit was made in January 2025."

BenefitsLink Message Boards

Profit Sharing Plan Real Estate Distribution Option

"Profit Sharing Plan has pooled investments. There are 2 real estate parcels - one valued at $1.4M and another at $750K. The parcels are valued each year by an appraiser. The remaining plan assets, $4.2M, are in a brokerage account. The owner died - his balance is $1.5M. There are 58 participants in this plan. I've advised the client for years that having 1/3 of total plan assets in real estate is an issue and they should consult an ERISA attorney. They haven't, and now here we are. 

"The beneficiary is his wife. The 2 kids of the deceased owner now own the company. Their first request was to allow the beneficiary to roll the real estate to an IRA and roll the remaining balance in cash. Because this is a pooled account, each participant owns 1/58 of the real estate. Allowing the beneficiary to roll the real estate to an IRA seems out of the question. 

"The new owners were talking to an investment banker friend who said he had a client with a similar situation. The employer sent a form to each participant asking for their permission to forgo their ownership in the asset and allow the beneficiary to take the real estate. This doesn't seem right. Does anyone have any experience with this? (The client contacted the ERISA attorney I referred them to. It might take awhile for the attorney to weigh in on this so I thought I'd put this out there to the TPAs in the trenches.) Thanks!"

BenefitsLink Message Boards

Press Releases

Krause to Serve as Acting IRS Commissioner; O'Donnell Retires After Distinguished Career

IRS [Internal Revenue Service]

Human Interest Sets a New Standard for Customer Experience in the Retirement Industry

Human Interest

MissionSquare Retirement Expands Sales Team with Key Appointments to Strengthen DCIO Platform

MissionSquare Retirement

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

The Hidden Cost of Delayed Retirement: What Employers Need to Know

February 25, 2025 WEBINAR

Corporate Synergies

403(b) Cycle 2 Plan Document Virtual Workshop

March 24, 2025 WEBINAR

FIS Retirement Education

Covering Coverage: The Why, When and How of Coverage Testing

March 26, 2025 WEBINAR

ASPPA [American Society of Pension Professionals & Actuaries]

Future Focus: Your Role in Shaping America’s Retirement System

April 17, 2025 WEBINAR

National Association of Plan Advisors [NAPA]

Last Issue's Most Popular Items

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

Ferenczy Benefits Law Center

EBSA Dismisses Probationary Staff, Employee Ownership Head

American Retirement Association [ARA]

Companies That Are Leading the Way in Employee Benefits

Nava

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

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