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Retirement Plans Newsletter

March 11, 2025

💼  3 New Job Opportunities

 

[Official Guidance]

Draft of IRS Publication 575: Pension and Annuity Income, for Use in Preparing 2024 Returns (PDF)

53 pages; Mar. 10, 2025. "What's New: Distributions to victims of domestic abuse.... Distributions for emergency personal expenses.... Transfers and rollovers of assets and the substantially equal payment method.... Reminders: [1] The direct payment requirement for certain distributions for payment of health or long-term care insurance repealed.... [2] Form 8915-F replaces Form 8915-E. "  MORE >>

Internal Revenue Service [IRS]

[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

[Official Guidance]

Draft of 2025 Instructions for IRS Forms 1099-R and 5498: Distributions from Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, Etc. (PDF)

Rev. Mar. 10, 2025. "What's New: New code Y for box 7.... Reminders: Automatic rollover amount.... Information Reporting Intake System (IRIS).... Online fillable forms." [Also available: 2025 IRS Form 5498 and Draft 2025 IRS Form 1099-R]  MORE >>

Internal Revenue Service [IRS]

[Official Guidance]

Text of IRS Notice 2025-14: Weighted Average Interest Rates, Yield Curves, and Segment Rates for March 2025 (PDF)

"This notice provides guidance on the corporate bond monthly yield curve, the corresponding spot segment rates ... and the 24-month average segment rates ... [as well as] the interest rate on 30-year Treasury securities ... as in effect for plan years beginning before 2008 and the 30-year Treasury weighted average rate[.]"  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

Deadline Nears to Adopt Preapproved DB Plans for Third Cycle

"Defined benefit (DB) plan sponsors have until March 31, 2025, to adopt a preapproved plan document reflecting items on the 2020 Cumulative List. DB plan sponsors that adopt a preapproved document by this deadline can rely on the provider's opinion letter to show their plan language satisfied Internal Revenue Code (IRC) qualification requirements during the third remedial amendment cycle. A list of preapproved plan documents is available on IRS's website."  MORE >>

Mercer

[Guidance Overview]

401(k) Safe Harbor Rules: 2025 Overview

"The employer can choose either, or both, of two safe harbor contribution options. The contribution must apply to all eligible non-HCEs and may be allocated to HCEs as well, but that is not required.... The Employer can decide, on an annual basis, which safe harbor to use.... The safe harbor adds an element of certainty ... If already contributing a top-heavy minimum, the only additional cost is fully vesting a contribution of 3% for all NHCEs."  MORE >>

Retirement Management Services, LLC

[Guidance Overview]

Withdrawn DOL ESOP Valuation Regulations Provide Insight

"[T]he 2022 WORK Act requires the DOL to issue valuation regulations, so while the fate of those withdrawn rules is uncertain, they provide insight into the DOL's perspective ... Perhaps the withdrawn rule's largest departure from current practice is that a good process would not be sufficient if the actual price paid eventually proves to be wrong. Fiduciaries would not know if they had met the rule's requirements for several years after the transaction. "  MORE >>

National Center for Employee Ownership [NCEO]

[Guidance Overview]

Social Security New Rule: Overpayments Must Be Paid Back 100%

"The Office of the Chief Actuary estimates this change will equal program savings of about $7 billion over the next decade. However, this is a sharp increase from the 10% limit put in place in early 2024 ... [In a February report,] the Office of Inspector General (OIG) said overpayments in the Old Age, Survivors, and Disability Insurance program added up to roughly $13.5 billion in the four years from 2020 until 2023."  MORE >>

Kiplinger

Sweeping Fiduciary Breach Suit Targets Swiss Re, Empower

"The suit alleges that the Swiss Re Defendants 'failed to adhere to ERISA's basic principles, using flawed methodologies that led to a poor outcome; they chose expensive, underperforming investment options instead of lower-cost and better alternatives, and by charging the Plaintiffs grossly excessive recordkeeping fees.' " [Rudasill v. Swiss Re American Holding Corp., No. 25-1403 (S.D.N.Y. complaint filed Feb. 19, 2025)]  MORE >>

American Retirement Association [ARA]

How Efficiency Shapes 401(k) Plan Administration

"[T]echnology's allure can seduce fiduciaries into a false sense of security, where speed overshadows scrutiny.... [E]fficiency must be paired with vigilance -- checking, double-checking, and then checking again -- to keep the DOL's audit hounds at bay. What happens, though, when the pursuit of swiftness collides with the bedrock of fiduciary duty?"  MORE >>

Fiduciary News; free registration required

The Multiemployer Retirement Plan Landscape Report: DC Key Findings

"The overall health of multiemployer defined contribution (DC) retirement plans improved from 2020 to 2021. The average account balance for a participant in a median multiemployer DC plan increased from $46,100 at the end of 2019 to $52,800 at the end of 2021 ... The report examined Form 5500 data submitted by 1,049 multiemployer DC retirement plans with ... total assets of approximately $227 billion and covered approximately 4.6 million participants and their beneficiaries."  MORE >>

International Foundation of Employee Benefit Plans [IFEBP]

2025 State of Retirement Planning (PDF)

"72% of retirees feel retirement is going as planned ... Two-thirds of Americans in their planning years express confidence about their retirement prospects -- however, this is down 7 percentage points from last year."  MORE >>

Fidelity

To Change Your Clients' View of Retirement, Stop Using This Phrase

"Financial advisors who use Monte Carlo simulations to develop retirement income plans must be careful with the language they use to present such plans, as the same financial plan can feel very different to clients based on its framing.... [A]dvisors should not present the simulation results to their clients without providing substantial contextualization about what the commensurate probabilities of success and failure really represent."  MORE >>

ThinkAdvisor

Benefits in General

Lori Chavez-DeRemer Approved as Secretary of Labor

"Chavez-DeRemer is known for her strong support of employee stock ownership plans (ESOPs) and her sponsorship of the PRO Act, which she later retracted. The PRO Act would have made it harder to classify workers as contractors, overturn state 'right-to-work' laws, and strengthen penalties for labor law violations."  MORE >>

American Retirement Association [ARA]

Executive Compensation and Nonqualified Plans

[Guidance Overview]

Proposed Rules on Covered Employees Under Section 162(m)

"The proposed regulations generally follow the existing regulations as to how: [1] Corporations in parent/subsidiary and brother/sister configurations apply the rules to determine who are covered employees; [2] Compensation is apportioned among corporations in which employees perform services for more than one entity to determine who are covered employees, including rules for controlled foreign corporations; [3] The deduction limit is calculated for acquired and divested corporations."  MORE >>

Willis Towers Watson

Is it a Contract? Is it an ERISA Plan? It’s a Top Hat Plan So It is Sort of Both, Says the Eighth Circuit

"[A recent Eighth Circuit decision] reinforces the extent to which top hat plans are a unique combination of contract law and ERISA, and illustrates the extent to which doctrines of contractual interpretation control the application of top hat plans, to a more significant extent than is typically the case with ERISA plans." [Hankins v. Crane Automotive Holdings LLC, No. 24-1555 (8th Cir. Feb. 28, 2025)]  MORE >>

Stephen Rosenberg, The Wagner Law Group

Employee Benefits Jobs

💼

Retirement Plan Documents Manager

Corebridge Financial

Houston TX / Hybrid

View job as Retirement Plan Documents Manager for Corebridge Financial

💼

Senior Retirement Consultant

Corebridge Financial

Houston TX / CA / NJ / Hybrid

View job as Senior Retirement Consultant for Corebridge Financial

💼

Senior Compliance Administrator - Retirement Services

Corebridge Financial

Houston TX / CA / NJ / Hybrid

View job as Senior Compliance Administrator - Retirement Services for Corebridge Financial

Selected New Discussions

Application of the 25% Profit Sharing Rule

"It's my understanding that profit sharing is limited to 25% of your plan compensation. Is this limit for specifically profit sharing, or all employer contributions? Specifically, does safe harbor count towards that limit? I have a client who has a solo K plan and made about $100,000 and maxed out deferral. Her document is a 4% Safe Harbor NE. Can she contribute 4% as a safe harbor contribution and then 25% as profit sharing, or can she only do 21% profit sharing to hit a limit of 25% comp as employer contributions?"

BenefitsLink Message Boards

Penalties for Late 8955-SSA

"Had a plan where they could not produce census data for 2023 due to a change in payroll systems. Therefore we were not able to do the SSA. I see the penalties are now 'bankrupt an organization' stupid. Anyone have a real world experience? I can see that you can ask for a waiver if the lateness is for reasonable cause. It's a larger plan so this is a good sized potential penalty we are talking about. Can you claim the waiver in advance or do you have to wait for the penalty to be assessed and then ask for a waiver? Curious if anyone has a real world experience. I assume since there is no late filer program they would be pretty accommodating. Also wondering if they even send out a penalty when you file late. Hard to imagine getting a $30,000 fine for filing this late. I could see if it was never filed, etc."

BenefitsLink Message Boards

Press Releases

Data Request: 2023 Fixed Indexed Annuity Contract Owner Behavior Experience Study

Society of Actuaries

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

The Good, the Bad and the Ugly: Correcting Retirement Plan Mistakes in the Wild, Wild, West

March 20, 2025 in CA

Western Pension & Benefits Council - Orange County Chapter

Navigating Retirement Plans Through Mergers and Acquisitions

March 25, 2025 WEBINAR

International Foundation of Employee Benefit Plans [IFEBP]

SEC Roundtable on Artificial Intelligence in the Financial Industry

March 27, 2025 WEBINAR

Securities and Exchange Commission [SEC]

Last Issue's Most Popular Items

Social Security to Reinstate 100% Overpayment Recovery Rate

U.S. Social Security Administration [SSA]

Unpacking Proposed Regs for Catch-Up Contributions Under SECURE 2.0

Schneider Downs

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

Edward Siedle

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

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