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Retirement Plans Newsletter

March 4, 2025

💼  2 New Job Opportunities

 

[Guidance Overview]

DOL Issues Final Amendments to the VFCP

"The final amendment to the VFCP will establish the [self correction component (SCC)] to permit employers the ability to self-correct late deposit operational failures by electronically filing an SCC Notice to [EBSA] using a new VFCP online tool.... [T]here is no limit to how many times an employer may use the SCC process, but EBSA retains the right to investigate and take other actions with respect to transactions corrected through the SCC."  MORE >>

Ascensus

[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

Eleventh Circuit Confirms Foreign Tax Credits Owned by Insurance Company Are Not 'Plan Assets'

"The Court held that the Plan did not hold a beneficial ownership interest in the foreign tax credits because they were not owned by the Plan or held in trust for the benefit of the Plan, nor could the Plan, as a tax-exempt entity, otherwise use or benefit from the foreign tax credits." [Romano v. John Hancock Life Ins. Co. (USA), No. 22-12366 (11th Cir. Oct. 30, 2024)]  MORE >>

Proskauer

Study Shows Vesting Schedules Do Not Enhance Retention

"Vesting schedules -- often used to enhance greater employee retention -- actually do little to nothing to achieve that goal, says recent research by Vanguard.... Vanguard examined if workers were more likely to leave their jobs one month after their vesting date compared to one month before. If vesting works as a retention tool, there ought to be a gap such that workers are less likely to leave immediately before their vest date. Vanguard found that this was not the case."  MORE >>

American Retirement Association [ARA]

Is Investment Performance a Fiduciary Duty?

"[R]egulators have not established hard rules on when plan investment offerings need to be replaced.... [F]ulfilling the duty of prudence requires focusing on the process used to select, retain and replace plan investments.... A plan fiduciary with a deficient process for evaluating investments might, simply by luck, achieve favorable investment performance, while a rigorous and disciplined process might not produce favorable investment results."  MORE >>

PLANSPONSOR; free registration may be required

Are ERISA Fiduciaries Drowning in Rules or Dreaming of Robots?

"The big three headaches: rules, rainmaking, and robots ... What you're hungry to learn: efficiency meets authority ... Time-savers that don't skimp: AI and checklists to the rescue ... Revenue rocket fuel: referrals rule the roost ... How you like your wisdom: deep dives vs. quick hits ... ERISA wish lists: from fees to funds ... White paper dreams: who's writing your playbook? ... The fiduciary twist: AI's knock or DOL's lock?"   MORE >>

Fiduciary News; free registration required

New Bills Would Allow 403(b) Plans to Invest in Collective Trusts

"Bipartisan legislation to change securities laws so 403(b) plans can offer collective investment trusts (CITs) has been reintroduced in the House and Senate. The Retirement Fairness for Charities and Educational Institutions Act of 2025 (HR 1013/S 424) is similar to bipartisan legislation passed by the House and introduced in the Senate in 2024. Supporters hope the changes will be folded into a larger legislative package that might see action this year."  MORE >>

Mercer

Pension Insights, Q4 2024

"Corporate pension funded status increased in Q4 2024 by 2.1%. Bonds experienced negative returns as interest rates increased ... Discount rates therefore also increased, causing liabilities to decrease.... US equities were up modestly ... The net result was an increase in funded status over the quarter for the 60/40 portfolio."  MORE >>

Fidelity

Have State Auto-IRAs and Fintech Shifted Who Contributes to IRAs?

"Recently ... the share of households contributing to an IRA has ticked up – a little bit for low-income workers and a lot for those under 40. The rise in low-income contributors could well be due to state auto-IRA initiatives, which have broadened access to workplace-based plans. The surge in younger contributors is most likely due to new fintech platforms that promote IRAs to tech-savvy Millennials. But these younger contributors tend to have a 401(k) too, so IRAs remain mainly a way for those with a plan to gain more tax-advantaged saving."  MORE >>

Center for Retirement Research [CRR] at Boston College

[Opinion]

Saver's Match and Auto Portability Make a Powerful Duo

"Auto portability ... could be readily adapted to handle the routing of Saver's Match contributions.... By leveraging auto portability's technology, plan sponsors and recordkeepers could streamline the process of receiving and accepting Saver's Match contributions.... The combination of auto portability technology and the Saver's Match could significantly boost participant engagement."  MORE >>

401(k) Specialist

Benefits in General

Appellate Arguments Happening in March That Should Be on Benefits Attorneys' Radar (PDF)

[1] 9th Circuit weighs removing California's nuisance fight with PBMs; [2] 9th Circuit tackles "Jersey Boys" withdrawal liability fight; [3] Northeast Grocery Inc. workers want 2nd Circuit to revive 401(k) excessive fee lawsuit; [4] J&J asks 3rd Circuit to disband talcum powder class; and [5] IBM retirees ask 2nd Circuit to revive pension actuarial equivalence fight.  MORE >>

The Wagner Law Group, via Law360

Executive Compensation and Nonqualified Plans

2025 Retention-Focused Compensation and Equity Trends

"[1] Performance-based short-term incentives ... [2] Performance-based equity refresh grants ... [3] Equity reissuance ... [4] Merit increases ... No matter the strategy, agility is key."  MORE >>

Sequoia

Employee Benefits Jobs

💼

Retirement Plan Consultant - Combo Plans

Definiti

Remote

View job as Retirement Plan Consultant - Combo Plans for Definiti

💼

Director of Sales Operations

Definiti

Remote

View job as Director of Sales Operations for Definiti

Selected New Discussions

How Does a Government Shutdown Affect the IRS and You?

"Here's a hyperlink to the IRS's FY2025 Lapsed Appropriations Contingency Plan. BenefitsLink neighbors, what do you think: Would stopping IRS examinations be welcome or unwelcome? Would stopping rulemaking and other interpretive guidance be welcome or unwelcome?"

BenefitsLink Message Boards

Qualified Replacement Plan to Reduce Profit Sharing Contribution

"Is there any guideline that we will need to use up the qualified replacement plan balance before an employer can make a deductible profit sharing contribution? (i.e. if we have $150,000 under the QRP and the PS allocation is $100,000 for the plan year, can we use $50k from QRP in year 1 which satisfy the 1/7 rule and make $50k deposit for tax deduction?"

BenefitsLink Message Boards

Press Releases

OneDigital Celebrates 25 Years of Innovation in Insurance, Financial Services, and HR Consulting

OneDigital

Brant Wong Joins Principal Asset Management℠ as Head of Retirement Solutions

Principal Financial Group

Aon Launches First-to-Market Employee Benefits Cell Captive Facility to Improve Risk Management for Multinational Employers

Aon plc

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Assessing Roth IRA Conversion Suitability

RECORDED

Appleby Retirement Consulting Inc.

10b5-1 Trading Plans & Other SEC Rules Advisors Must Know

March 13, 2025 WEBINAR

myStockOptions.com

Deferred Compensation Plans: A Guide for the Perplexed

March 20, 2025 WEBINAR

Boutwell Fay LLP

Benefits Administration Workshop

April 10, 2025 in TX

SouthWest Benefits Association

Last Issue's Most Popular Items

'America First Investment Policy' Calls for Updated Fiduciary Standards

American Retirement Association [ARA]

Mandatory Automatic Enrollment Is Here

Ferenczy Benefits Law Center

IRS Issues Proposed Regs Regarding Mandatory Auto-Enrollment Under SECURE 2.0

Kilpatrick Townsend

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

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