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💼 6 New Job Opportunities
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[Guidance Overview]
DOL's VFCP Final Rule Adds Limited 'Self-Correction' Program for Late Contributions, Participant Loan Failures
"The [Self Correction Component (SCC)] ... falls significantly short of meeting industry expectations. Unlike the Self-Correction Program provided by the IRS under EPCRS -- which makes available a true self-correction alternative that permits plan sponsors to
self-correct certain qualification failures over a much longer period of time, without regard to the dollar amount of the failures and without requiring plan sponsors to report their self-corrections of those failures to the IRS -- the SCC appears to simply be a somewhat lighter, abbreviated version of the VFC Program." MORE >>
Morgan Lewis
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[Sponsor]
Auto-Solve your 401(a)(4)/ Partnership calculations!
Solving for new comparability allocations for corporations and partnerships is simple with ASC BUDGET, a module in the ASC DC/401(k) System. See how it works!
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Texas District Court Cites Loper Bright in Upholding Biden-Era ESG 401(k) Investing Rule
"The opinion explained that ERISA's fiduciary provisions require that 'a fiduciary must always discharge his duties in the interest of the beneficiary alone and only for the purpose of gaining financial benefit.' However, the provisions do not explicitly limit what a
fiduciary may consider while discharging his or her duty.... While narrow, the decision acts as a considerable example of a court approving the use of ESG principals and stands as a potential case study for the limited impact Loper Bright may have on agency deference decisions." [Utah v. Micone, No. 23-0016 (N.D. Tex. Feb. 14, 2025] MORE >>
ArentFox Schiff LLP
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California Court of Appeal Upholds Limits on Pensionable Pay of Former Union President
"[T]he Third District Court of Appeal unanimously upheld the CalPERS Board's exclusion of certain compensation paid to a member for serving as the president of his employee union. This case, the first to interpret Government Code Section 3558.8, held that Section 3558.8 does not require retirement systems to include all pay received while on leave for service to a labor union in retirement allowance calculations." [Serrano v. California Public Emp. Ret. Sys., No. C098392 (Cal. App. Feb. 25, 2025)] MORE >>
Nossaman LLP
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Study Examining Form 5500 Data Finds Majority of Retirement Plans Likely to Have Fiduciary Breaches
"Nearly 84% of U.S.-based retirement plans have at least one likely fiduciary violation under [ERISA] ... [A recent
report] suggested that more than 600,000 American companies are at risk for fines, legal penalties and fiduciary failure based on red-flag warnings found in the latest Form 5500 filings for 764,729 plans. The violations uncovered were described as 'infractions, fineable offenses, fiduciary failure, or plan malpractice.' They fell into two categories: Regulatory infraction red flags and egregious plan mismanagement red
flags." MORE >>
ebn
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401(k) Plans Boost Employee Retirement Engagement and Contributions
"401(k) plans that use automatic enrollment mechanisms and/or employer contributions are critical to encourage workers to save and to invest for retirement ... More than one-third of large 401(k) plans have automatic enrollment, and nearly 90 percent make employer
contributions." MORE >>
Investment Company Institute [ICI]
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[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.
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![Sponsored by Conference of Consulting Actuaries [CCA] Sponsored by Conference of Consulting Actuaries [CCA]](https://benefitslink.com/bnrs/2025/cca-ea25-top.jpg)
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The Brightscope/ICI Defined Contribution Plan Profile: A Close Look at 401(k) Plans, 2022 (PDF)
80 pages; Mar. 2025. "More than half of large 401(k) plans in the sample ... reported that they automatically enrolled their participants ... 88 percent of large 401(k) plans, covering more than nine out of 10 401(k) participants, had employer
contributions.... In 2022, the average large 401(k) plan offered 29 investment options ... CITs held 43 percent of large private-sector 401(k) plan assets in the sample in 2022.... In 2022, the average total plan cost was 0.85 percent of assets, down from 1.02 percent in 2009." MORE >>
BrightScope and Investment Company Institute [ICI]
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Pension Funds Are Buying Up Stakes in Asset Managers
"A flurry of recent agreements in the U.S., U.K., Middle East and Japan neatly demonstrate the key benefits of asset owners taking equity stakes in asset management firms, and in the private markets space in particular: pension funds are able to precisely allocate long-term
capital to an asset manager and strategies that they will in some cases co-design; asset owners are able to negotiate lower fees; and they also are able to gain direct access to expertise in new areas of the markets without the need to build in-house capability." MORE >>
Pensions & Investments
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From Lead to Client: Mastering the 401(k) Advisor Sales Funnel
"Many 401(k) advisors are exceptional at managing retirement plans, guiding committees, and compliance monitoring.... Advisors must embrace a combination of digital marketing, referral strategies, and differentiation techniques to stand out. Let's break down the key
components of a high-performing sales funnel to help you gain -- and retain -- more 401(k) plan sponsors." MORE >>
401(k) Marketing, LLC
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Social Security Makes Retroactive Payments to Implement the Social Security Fairness Act
"Through March 4, 2025, SSA has already paid 1,127,723 people more than $7.5 billion in retroactive payments. The retroactive payments are the result of the repeal of the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO). The average retroactive payment so
far is $6,710." MORE >>
U.S. Social Security Administration [SSA]
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Executive Compensation and Nonqualified Plans |
[Guidance Overview]
Section 162(m) Proposed Expansion of Covered Employees
"The IRS recently released proposed regulations which ... outline the methodology which would be used to identify the
expanded group of covered employees. Additionally, the proposed regulations address the identification of covered employees at affiliated groups.... [T]his article summarizes the new regulations and provides a practical approach for managing the multiple categories of covered employees." MORE >>
Alvarez & Marsal
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Employee Benefits Jobs
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Selected New Discussions |
Deposit Error: What to Do with Attributable Earnings
"A participant's safe harbor match for 2024 should be $3,000. Payroll company deposited $4,800. The account had positive earnings for 2024 [1] I assume we calculate attributable earnings on the excess deposit and move $1800 plus earnings to the cash account. Is this
correct? [2] What are the options to use the $1,800? Can it be used to fund 2025 safe harbor match deposits? Should it be allocated as a discretionary match for 2024? Could it be used to pay our fees? [3] I feel like the attributable earnings shouldn't be used to fund a contribution. Can it be used to pay our fees?"
BenefitsLink Message Boards
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IRS Compliance Questions on Late 5500-SF Filings
"Looking for some guidance....In 2023, the IRS added Part VIII 'IRS Compliance Questions' to Form 5500-SF. We are filing a late 2021 Form 5500-SF using the DFVC program. Since we have to file this on the 2024 Form 5500-SF, do we need to complete these
questions that didn't apply to the Form 5500-SF in 2021?"
BenefitsLink Message Boards
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Last Issue's Most Popular Items |
DOL Issues Final Amendments to the VFCP
Ascensus
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Study Shows Vesting Schedules Do Not Enhance Retention
American Retirement Association [ARA]
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Appellate Arguments Happening in March That Should Be on Benefits Attorneys' Radar (PDF)
The Wagner Law Group, via Law360
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Copyright 2025 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.
BenefitsLink® Retirement Plans Newsletter, ISSN no. 1536-9587.
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