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Retirement Plans Newsletter

March 10, 2025

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[Guidance Overview]

Unpacking Proposed Regs for Catch-Up Contributions Under SECURE 2.0

"Plan Sponsors [m]ust update plan documents, systems and processes to accommodate super catch-up limits and Roth mandates, particularly as it relates to identifying high earners under the Roth requirement. The Roth catch-up mandate introduces challenges in tracking FICA wages and ensuring compliance, with correction methods providing some relief but requiring diligent oversight."  MORE >>

Schneider Downs

[Guidance Overview]

Social Security to Reinstate 100% Overpayment Recovery Rate

"The Social Security Administration announced it will increase the default overpayment withholding rate for Social Security beneficiaries to 100 percent of a person's monthly benefit.... People who are overpaid after March 27 will automatically be placed in full recovery at a rate of 100 percent of the Social Security payment."  MORE >>

U.S. Social Security Administration [SSA]

[Guidance Overview]

Things You Should Know About Designated Roth Accounts in Qualified Plans

"The SECURE 2.0 Act will almost certainly motivate the remaining 7% of plan sponsors who do not yet offer a Roth deferral option to offer designated Roth accounts. Find out why by following this 'soup-to-nuts' listing of 55 things to know about Roth designated accounts in qualified plans[.]"  MORE >>

Belfint Lyons Shuman

What Does the Next EBSA Head Think of ESG?

"Daniel Aronowitz, President Donald Trump's nominee to lead [EBSA], has written about ESG issues on his Fid Guru blog over the years. His public views on ESG are nuanced: ESG is generally a bad investment, though not necessarily imprudent, but the culture war over ESG is a silly distraction and damaging to plan fiduciaries."  MORE >>

Plan Sponsor Council of America [PSCA]

DOL Employee Ownership Head Reinstated

"On March 7, the American Federation of Government Employees (AFGE) was notified that all probationary employees at the [DOL] who received termination notices on February 21, including Employee Ownership Division chief Hilary Abell, would be reinstated. The reinstatement will be effective as of Monday, March 10[.]"  MORE >>

National Center for Employee Ownership [NCEO]

Pension Funding Index, March 2025

"The funded status of the 100 largest corporate defined benefit pension plans fell by $13 billion during February ... The funded ratio dropped from 106.0% at the end of January to 104.8% at the end of February.... The funded ratio at the end of February matches the ratio seen at the start of 2025."  MORE >>

Milliman

What Is a Portable Retirement Plan and Should You Have One?

"A portable retirement plan is tailor-made for a wide range of individuals, including contract workers and anyone who changes jobs or companies frequently.... Like any other savings or investment vehicle, it has advantages and disadvantages."  MORE >>

Kiplinger

Planning Tip: How Will My Individual Funded Status Be Affected?

"Measuring and monitoring your Funded Status annually can help you make countless financial decisions. In this post, [the authors describe] how your Funded Status will be affected before making a significant financial decision."  MORE >>

Ken Steiner, FSA Retired

[Opinion]

Department of Pension Efficiency (DOPE) Could Swiftly, Painlessly Save Taxpayers Trillions

"After 30 years of mismanagement, $6.5 trillion remains in America's public pensions. Another $6.5 trillion has been squandered and the damage is ongoing.... Over a dozen states are considering ... passing legislation to allow their pensions to recklessly gamble up to 10% on cryptocurrency.... DOPE would provide greater retirement security, transparency, and accountability at a massively lower cost to taxpayers."  MORE >>

Edward Siedle

[Opinion]

How the Tie-Breaker Rule Applies to Restrict ESG and Economically Targeted Investments in Retirement Plans After the State of Utah Decision

"If properly applied, it will be nearly impossible for any fiduciary to justify any ESG investments under the tie-breaker test, because it will be difficult to prove that [1] ESG investments are equal in performance and fees; and [2] and that the fiduciary did not start upfront with an improper collateral goal.... There is a difference between an improper ESG investment intent with the goal to change the world, and a prudent investment analysis that considers relevant environmental, social or governance factors that affect the long-term pecuniary prospects of an investment." [Utah v. Micone, No. 23-0016 (N.D. Tex. Feb. 14, 2025]  MORE >>

Encore Fiduciary

Benefits in General

Fifth Circuit Cements Victory to AT&T in ERISA Dispute Seeking Statutory Penalties for Failure to Produce Documents

"The district court found that AT&T did not act in bad faith or with intent to withhold documents and exercised reasonable care in their document production. Additionally, the court determined that Jones was not prejudiced by any alleged failures, as he had access to relevant grievance procedures and chose not to use them. The Fifth Circuit affirmed these conclusions, emphasizing that penalties are discretionary and not mandatory, even in cases of technical violations, especially absent bad faith or prejudice." [Jones v. AT&T, Inc., No. 24-30187 (5th Cir. Mar. 6, 2025; unpub.)]  MORE >>

Roberts Disability Law

Breaking Silos Is a Better Way to Manage Employee Benefits

"[E]mployers [often manage] health, retirement and other benefits in isolation. While it may seem efficient, this siloed approach often leads to missed opportunities, increased costs and greater employee confusion.... Breaking down these silos and fostering collaboration between benefit consulting silos isn't just a strategy -- it's a necessity. Employers that fail to do so risk losing talent, facing avoidable expenses and ultimately falling behind along an increasingly competitive landscape."  MORE >>

ebn

Employee Benefits Jobs

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Employee Benefits Attorney

Hill Ward Henderson

Tampa FL

View job as Employee Benefits Attorney for Hill Ward Henderson

Selected New Discussions

Blackout Notice Required While Preparing VCP?

"Plan administrator of MEP became aware of issues with one participating employer (use of incorrect compensation, late deferrals, incorrect calculation of deferrals and possible contributions by ineligible employees). Until they could confirm participant balances were correct, plan administrator placed a hold on distributions for this participating employer only (not the MEP as a whole). The hold will be in place until the plan administrator completes its investigation and determines whether a corrective action (VCP) is necessary. Is a blackout notice required? Obviously the ability to receive distributions is affected, but it is not the result of an administrative change (i.e., change in investment provider or recordkeeper). The plan administrator does not want to distribute a participant account and later find out that the account was overstated."

BenefitsLink Message Boards

401(k) Automatic Deferral

"Client already has automatic contribution arrangement ACA -- not any safe harbor version. The plan has no employer contribution (and is not top-heavy.) The plan has many high paid employees and failed ADP testing. They want to consider increasing the ACA from 3% to 6%. I assume they can do this at any point in the year? I believe this can/should only apply to newly eligible employees as current eligible employees either were set at 3% ACA or elected something different. Even if they are able to increase the 3% defaulted employees to 6% I don't think they'd want to do that."

BenefitsLink Message Boards

Plan Compensation for Owner of PC in Year of Asset Sale

"We handle 2 plans for a dentist who is a PC; sold the assets of the practice, employees received W-2 for period 1/1 to 2/28 2024. I am suggesting $0 profit sharing, he knows he has to do a 3% safe harbor on the employees' W-2 1/1-2/28/2024 Question is, what comp do we use to calculate the cash balance plan (assuming the liabilities are greater the the assets)? Obviously, if assets greater, no contribution. I don't see how plan(s) can pass 401(a)(4) or 401(a)(26), possibly w/o a contribution. The owner will continue the plan as a PC, but I believe his payout will be 1099 which will be funneled to PC and become PC income for plan purpose."

BenefitsLink Message Boards

Press Releases

Acrisure Announces Two Acquisitions to Enhance Its Pension and Employee Benefits Servicing Capabilities

Acrisure LLC

All Americans Gain Access to TIAA Lifetime Income Annuities

TIAA

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

NEPC's 2024 Defined Contribution Plan Trends & Fee Survey Results

RECORDED

NEPC

Benefits Lunch Break: 2025 Retirement Plan Update

March 19, 2025 WEBINAR

Miller Johnson

Transition: A Presidential Change, Session Ten – Employee Benefits Under Trump 2.0

April 1, 2025 WEBINAR

Thompson Hine LLP

Last Issue's Most Popular Items

Newport Group to Settle Claims of Mismanaging Church Retirement Plan

Pensions & Investments

District Court Refuses to Dismiss Clorox Forfeiture Case

Plan Sponsor Council of America [PSCA]

ERISA Penalties: 2025 Inflation Adjustments

Ameriflex

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

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