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Retirement Plans Newsletter

February 27, 2025

💼  3 New Job Opportunities

 

[Guidance Overview]

First Steps Toward Rothification: the Roth Catch-up Requirement for High Earners

"$145,000 wage threshold ... All Roth contributions count ... Deemed elections or automatic discontinuance ... Reclassifications to Roth catch-up due to exceeded limit ... Rothification complications: short-term revenue, long-term loss."  MORE >>

Belfint Lyons Shuman

[Guidance Overview]

DOL Gives More Leeway to Transfer Missing Participants' Benefits

"A new temporary enforcement policy lets fiduciaries of ongoing retirement plans transfer small benefits owed to missing participants to a state unclaimed property fund without fear of [DOL] enforcement action. Field Assistance Bulletin (FAB) 2025-01 explains that this policy only applies to benefits -- including uncashed checks -- with a present value of $1,000 or less. The FAB requires fiduciaries to meet a series of other conditions to qualify for this relief.... [T]his is the first piece of agency guidance specifically addressing transfers from ongoing retirement plans."  MORE >>

Mercer

[Guidance Overview]

Defined Benefit Plans Update (PDF)

25 presentation slides from ABA 2025 Midyear Tax Meeting. Topics: [1] Inadvertent overpayments; [2] Actuarial equivalence; [3] Cybersecurity; [4] Retirement Savings Lost and Found Database; [5] Annual funding notice: SECURE 2.0; [6] FAB 2025-1 re State Unclaimed Property Funds; [7] Pension risk transfers: DOL Report to Congress, litigation; [8] Actuarial Equivalence: litigation, DOL amicus brief.  MORE >>

Defined Benefit Plan Subcommittee, American Bar Association [ABA]

CRS in Focus: Distribution of Retirement Account Balances (PDF)

"This In Focus provides data on the distribution of retirement account balances in 2022 among [1] all U.S. households and [2] households based on age group. As Congress considers various retirement-income-related bills, data on how retirement account assets are distributed among households could help inform discussions about whether and how to promote greater savings in these accounts." [IF12928 Feb. 26, 2025]  MORE >>

Congressional Research Service [CRS]

House Financial Services Committee Seeks Feedback on 403(b) Access to CITs

"In addition to asking about 403(b) plans' use of CITs, the lawmakers requested comments on whether private asset classes should be more available to defined contribution plan investors."  MORE >>

PLANSPONSOR; free registration may be required

Public Retirement Systems: Trends in Fiscal, Operational, and Business Practices (PDF)

32 pages. "One-year investment returns reached an average of 9.47% for responding systems with a fiscal year-end date in the first half of 2024.... Combined investment manager and administrative expenses have risen from 57 basis points (or 0.57%) for systems with fiscal year ends in the first half of 2020, to 73 basis points (or 0.73%) for first half 2024 fiscal year systems.... Top priorities for 2025 include improving cybersecurity and fraud prevention systems, sustaining target funding levels, and updating/acquiring a pension administration system."  MORE >>

National Conference on Public Employee Retirement Systems [NCPERS]

[Opinion]

Eliminating Taxation of Social Security Benefits Would Be Unwise

"About three-fifths of the revenue from taxing Social Security benefits is devoted to the two Social Security trust funds.... Over the next ten years, the taxation of benefits will provide over $1½ trillion to the Social Security and Medicare trust funds. Without that income, the programs would face greater funding shortfalls, and the dates on which the trust funds would be depleted -- meaning that benefits would need to be funded entirely by incoming payroll taxes and other revenues -- would occur earlier."  MORE >>

Center on Budget and Policy Priorities

[Opinion]

ERISA Industry Committee Urges Court to Dismiss PRT Case That Paves a Pathway to Frivolous Litigation

"[If] claims like this are not swiftly dismissed, then the actual harm lies in the impact this could have on current and future pension programs. If employers are continually forced to divert limited resources into endless legal battles, they won't have the means to invest in the voluntary retirement plans that so many employees rely on for their financial security in retirement." [Bueno v. General Electric, No. 24-0822 (N.D.N.Y. complaint filed Jun. 28, 2024; amicus brief filed Feb. 26, 2025)]  MORE >>

The ERISA Industry Committee [ERIC]

Benefits in General

[Guidance Overview]

The 'Deregulatory Initiative' Executive Order: Impact on Employee Benefit Plans

"Deregulation is not always helpful for benefit plans.... Determining which regulations are helpful and which are not won't always be easy.... [1] Environmental, Social or Governance investing ... [2] Cryptocurrency ... [3] ESOPs ... [4] Fiduciary investment advice ... [5] Mental health substance use disorder parity."  MORE >>

The Modern Workplace, by Lathrop GPM

Senate HELP Committee Votes to Approve Nomination of Lori Chavez-DeRemer for Secretary of Labor

"Today, the Senate Health, Education, Labor, and Pensions (HELP) Committee voted to favorably report the nomination of Lori Chavez-DeRemer to be Secretary of the U.S. Department of Labor by a vote of 14 to 9. Her nomination will now move to the Senate floor for a final vote at a later date."  MORE >>

Committee on Health, Education, Labor and Pensions, U.S. Senate

[Opinion]

ERIC and Employer Coalition Urge Court to Safeguard Integrity of ERISA

"ERISA permits the use of actuarial assumptions to calculate the benefits due to participants and beneficiaries of defined benefit pension plans. Despite this longstanding principle of ERISA, the Appellants in Watt urged the court to rewrite ERISA and impose their own evolving standards to calculate these benefits." [Watt v. FedEx, No. 23-2593 (W.D. Tenn. Sep. 18, 2024; on appeal to 6th Cir. No. 24-5945; amicus brief Feb. 26, 2025)]  MORE >>

The ERISA Industry Committee [ERIC]

Employee Benefits Jobs

💼

Director, DB Administration

Pentegra

Remote / Putnam Valley NY

View job as Director, DB Administration for Pentegra

💼

Retirement Plan Administrator

Nicholas Pension Consultants

Remote / Rancho Cordova CA / Corona CA / Hybrid

View job as Retirement Plan Administrator for Nicholas Pension Consultants

💼

DB Retirement Plan Consultant

EGPS

Remote

View job as DB Retirement Plan Consultant for EGPS

Selected New Discussions

No Document But Deposits Are Made and Deducted for a CB Plan

"Company X had a proposal. Did not confirm that they wanted the plan. In the meantime, opened an account in 2024 without a document, made a deposit, deducted for 2023. No 5500 filing, no SB, no AFTAP, do not know if PBGC. Now time for 2024 contributions/deductions. How do you correct this?"

BenefitsLink Message Boards

Are These QDRO Procedures Compliant with ERISA?

"Below is an excerpt from some form QDRO Procedures, which is part of a Retirement Plan. I am trying to understand how this provision is compliant with ERISA:

"Quote 1. Suspension of Participant distributions or loans. If the Plan Administrator is on notice (verbal or written) regarding a pending domestic relations action (e.g., a divorce) and has a reasonable belief the participant's account may become subject to a QDRO, the Plan Administrator may suspend processing the participant's distribution or loan requests pending resolution. [2] Removing hold on the account. After placing a hold on the account, the Plan Administrator should notify the participant of the hold on the account. In order to remove the hold, the Plan Administrator should request the Participant to provide written confirmation that a court will not issue a QDRO with respect to the account; such as a property settlement agreement awarding the entire account to the Participant. 

"Below are the some of the problems that I see with this provision. Am I missing something? [1] Freezing a participant's account based on mere knowledge of a divorce (without a DRO) ... [2] Placing a hold based on 'reasonable belief' that the account 'may be' subject to a DRO ... [3] Problems with the release of the hold ."

BenefitsLink Message Boards

QDRO Paperwork Sent to OPM with Divorce Decree, But Not Processed

"I just retired -- 7 months ago -- I have a QDRO from my 1st marriage -- to ensure my retirement didn't get held up I sent a copy of my Divorce decree and QDRO to OPM -- I just got my OPM booklet explaining my benefits and all that jazz about my annuity payment but what I didn't see is the explanation part about the payment portion to my ex. Since I've sent everything to OPM and they have it, I feel like I've done everything I need to do and if my ex wants to find out why he isn't getting anything it's up to him to contact OPM and ask. Any pointers?"

BenefitsLink Message Boards

Press Releases

Ascensus Names Phillip Gillespie New Chief Legal, Risk and Compliance Officer

Ascensus

Joe Mallee named Head of MassMutual Financial Advisors

MassMutual

Betterment Acquires Ellevest's Automated Investing Business

Betterment

PensionBee’s Market Review Highlights the Dangers for Savers who ‘Set and Forget’ Dormant 401(k) accounts

PensionBee

401GO and isolved Announce Strategic Partnership to Simplify Retirement Planning for Businesses

401GO

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Ed Slott: The Case for Roth IRA Contributions

February 27, 2025 WEBINAR

Morningstar, Inc.

ERISA Litigation Hot Topics

March 19, 2025 WEBINAR

Western Pension & Benefits Council

IRA Institute

May 5, 2025 in MN

Ascensus

Last Issue's Most Popular Items

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

Ice Miller, via Quade

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

InsuranceNewsNet.com

DC Target Date Performance 2021-2024, in Four Charts

October Three Consulting

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

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