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Retirement Plans Newsletter

March 14, 2025

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[Official Guidance]

Draft of IRS Publication 560: Retirement Plans for Small Business (SEP, SIMPLE, and Qualified Plans), for Use in Preparing 2024 Returns (PDF)

49 pages; Mar. 13, 2025. "What's New: [1] Compensation ... [and] up contribution limits for 2024 and 2025 ... [2] Required minimum distributions (RMDs).... [3] Plans established after end of tax year.... [4] Increased small employer pension plan startup cost credit.... [5] Employer contributions credit.... [6] Small employer military spouse participation credit.... [7] Designated Roth nonelective contributions and designated Roth matching contributions.... [8] Matching contributions on account of qualified student loan payments.... [9] Starter 401(k) deferral-only arrangement.... [10] Additional nonelective contributions under a SIMPLE IRA plan.... [11] Midyear replacement of SIMPLE IRA plan with safe harbor 401(k) plan.... [12] Roth IRAs under a SEP arrangement and Roth SIMPLE IRAs under a SIMPLE IRA plan.... [13] Pension-Linked Emergency Savings Accounts. "  MORE >>

Internal Revenue Service [IRS]

[Official Guidance]

Text 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[1] The direct payment requirement for certain distributions for payment of health or long-term care insurance repealed....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]

[Guidance Overview]

IRS Reminder: April 1 Is Final Day to Begin Required Withdrawals from IRAs and 401(k)s

"Required minimum distributions (RMDs) are payments typically made by year end. However, individuals who turned 73 in 2024 can delay their first RMD until April 1, 2025. This special rule applies to IRA owners and participants born after Dec. 31, 1950.... Taxpayers receiving their first required distribution for 2024 in 2025 (by April 1) must take their second RMD for 2025 by Dec. 31, 2025."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

Five Things to Know about the DOL’s New VFCP Self-Correction Feature

"[1] The SCC is not available for every VFCP-eligible failure ... [2] The SCC does not absolve plans from notifying the DOL about the failure ... [3] The SCC does not absolve plans from documenting the failure and correction ... [4] Following a self-correction under the SCC, self-correctors will not receive a 'no action' letter from the DOL like they would following a formal VFCP submission.... [5] [F]ailures corrected under SCC may also be eligible for excise tax relief[.]"  MORE >>

Snell & Wilmer L.L.P.

[Guidance Overview]

Catch-Up Contributions Get Anticipated Proposed Regs (PDF)

"For Roth catch-ups, plan sponsors should work with their payroll provider and recordkeeper to be in a position to comply with the Roth catch-up mandate for 2026 -- from the proposed regulations, we can see there will be a number of administrative changes needed to make this all work. And those who are not adding a Roth program will need to track the impacted participants to ensure they are not able to make catch-up contributions."  MORE >>

Groom Law Group, via TAXES the Tax Magazine

BlackRock Lifepath TDF Suit Dismissed Again, This Time with Prejudice

"[F]or at least one of the BlackRock Lifepath TDF suits, after giving the plaintiffs three opportunities to make their case, a federal judge has dismissed the suit — with prejudice.... The defendants here (again) are the fiduciaries of the Cisco Systems Inc. 401(k) plan[.]" [Bracalente v. Cisco Systems Inc., No. 22-4417 (N.D. Calif. Mar. 11, 2025)]  MORE >>

American Retirement Association [ARA]

ESOP Fiduciary Duties When Investing in Non-Stock Assets

"[A] class action involving the Pride Mobility ESOP ... is one of six brought so far -- and the second to settle -- claiming that the ESOP's investment in assets other than employer stock was too conservative.... While an ESOP is generally exempt from the diversification requirement, this is only to the extent of employer stock held by the plan. The issue raised by these cases is whether the plan fiduciaries went too far to minimize the risk of large losses by investing too conservatively."  MORE >>

Husch Blackwell

To Reduce Retirement Plan Risk, Balance Stability & Security

"Reliability depends on mitigating various risks, including administrative (e.g., there is easy access to accurate data to ensure accurate benefits), operational (e.g., cybersecurity), demographic and investment risks.... [It] is critical for the success of all types of retirement plans that stakeholders appreciate the role the plan serves in ensuring secure benefits, ultimately leading to meaningful retirement income."  MORE >>

Segal

The Impact of Automatic Features on Retirement Security

"When automatic enrollment with a 6 percent default contribution is adopted by all DC plans, the retirement savings shortfall among those who have access to a DC plan in the future decreases by 7 percent.... When automatic portability alone is used by all plans, the reduction in the retirement savings shortfall reaches over 11 percent for those ages 35-39.... The impact of automatic features is the largest among those who will have more years exposed to them -- those younger and with more future years of eligibility in a DC plan."  MORE >>

Employee Benefit Research Institute [EBRI]

A Closer Look Shows an Optimistic Outlook for the U.S. Retirement System

"Employer plans and individual retirement accounts (IRAs) are an important source of income for all but the lowest-income retirees. Either directly or through a spouse, more than 70 percent of Americans over age 70 receive income from retirement plans. That share increases rapidly with income, however, to nearly 90 percent for those outside the bottom quartile of the income distribution."  MORE >>

Investment Company Institute [ICI]

State and Local Government Spending on Public Employee Retirement Systems (PDF)

Updated March 2025. "On a nationwide basis, contributions made by state and local governments to pension trust funds account for 5.11 percent of direct general spending. Pension spending levels, however, vary widely among states, depending on various factors, and are actuarially sufficient for some pension plans and insufficient for others."  MORE >>

National Association of State Retirement Administrators [NASRA]

Georgia Considering Bill to Create a State-Run Retirement Plan

"Georgia lawmakers have proposed a bill that would establish Peach State Saves, a defined contribution retirement program for most private sector employees without access to employer-sponsored plans. Under the bill, a covered employer that does not offer a retirement plan would be required to automatically enroll employees in a payroll-deduction individual retirement account run by the state, unless an employee chooses to opt out of the program."  MORE >>

PLANSPONSOR; free registration may be required

[Opinion]

Are ESOPs Actually a Good Idea?

"[In] most cases, an ESOP is a complement to -- not a replacement for -- a more diversified retirement vehicle. If future policies encouraging ESOPs keep this balance and also encourage the adoption of 401(k)s, then ESOPs will continue to be a great way to help workers accumulate wealth while also encouraging ownership and empowerment."  MORE >>

Geoffrey T. Sanzenbacher, via Center for Retirement Research [CRR] at Boston College

Benefits in General

[Guidance Overview]

Written Requests for ERISA Documents

"Employers generally need to respond to a written request for certain ERISA documents within 30 days to avoid potential penalties of up to $110 per day. In many common written request situations, there is some level of ambiguity for employers to resolve as to which documents are subject to this mandatory disclosure requirement and which specific plan materials the employer should provide."  MORE >>

Newfront

Senate Confirms Deputy Secretary of Labor

"The U.S. Senate on March 12 confirmed [Keith Sonderling], who was a former EEOC commissioner and [DOL] official, to serve as Deputy Secretary.... While at the EEOC, Sonderling ... took interest in artificial intelligence and workplace technology issues as they apply to civil rights laws. He also published various articles on the benefits and potential harms of using AI-based technology in the workplace."  MORE >>

American Retirement Association [ARA]

Employee Benefits Jobs

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DC/DB Pension Plan Administrator

Blue Ridge Associates

Remote

View job as DC/DB Pension Plan Administrator for Blue Ridge Associates

Selected New Discussions

Missing Participant and RMD

"Client has a participant that has 1st RMD coming up. Assume the 401K balance is more than $10K and less than $100K. This participant has been missing for some time. They have scoured their own records and a commercial participant locator service produced an older address that the participant has not been at for some time. What to do with the RMD and what to do with balance that is more than cash out limit in on going plan?"

BenefitsLink Message Boards

Valid QDRO Never Filed - How Long Do I Have to Wait to Collect My Portion of Pension?

"I was divorced over 25 years ago, for a relatively small pension ($350) month I was suppose to collect 40% at age 65. QDRO was originally rejected and never corrected, then divorce was finalized. Its not worth hiring an attorney -- the plan administrator has attempted to contact my ex-spouse with no response by her. What/who determines how long I have to wait to receive my portion?"

BenefitsLink Message Boards

Timing of 3% Non Elective Contribution

"I have a plan with a 3% non elective Safe Harbor. TPA is saying that it is permissible for the sponsor to deposit the 3% on a payroll by payroll basis -- something i haven't seen and something that is not notated in the document. TPA is also saying that since it is funded payroll by payroll there is no 'true-up'. Usually, 3% non electives are contributed at end of year. What am I missing and has anyone else experienced this?"

BenefitsLink Message Boards

Press Releases

New Benchmark Study from Corporate Insight Reveals Leaders in Retirement Plan Sponsor Digital Experiences

Corporate Insight

Ice Miller Grows Its Governmental Benefits Team and Welcomes NYC Police Pension Fund Veteran Nicole Giambarrese

Ice Miller

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Coffee Talk With Benefits Episode 20: The ESG Evolution: Trends, Strategies, and Legal Insights

RECORDED

Seyfarth Shaw LLP

Meeting Your Fiduciary Responsibilities Under ERISA

April 24, 2025 WEBINAR

Lorman Education Services

Last Issue's Most Popular Items

How Plan Sponsors Can Respond to the Increase in Claims Challenging the Use of Retirement Plan Forfeitures

Winston & Strawn LLP

Bill Reintroduced to Ban 401(k) Investments in Adversarial Countries

American Retirement Association [ARA]

Cash Balance Plan Performance 2021-2024

October Three Consulting

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

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