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💼 2 New Job Opportunities
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[Guidance Overview]
New 'Self-Correction' Option for Voluntary Fiduciary Correction Now Available
"In addition to introducing self-correction, EBSA has made other improvements to VFCP, including: [1] Expanded correction options for prohibited loan transactions and prohibited purchase and sale transactions; [2] Extending relief from transactions involving a
prohibited sale and leaseback of real estate to covers eligible transactions with affiliates of the plan sponsor; and [3] Allowing VFCP applications to address violations across more than one plan in a single submission." MORE >>
Proskauer
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[Guidance Overview]
Long-Awaited ESOP Proposals Issued and Then Quickly Withdrawn
"[W]hile it remains to be seen whether -- and to what extent -- this ESOP guidance may be rereleased or
reissued ... the January Proposal was the first formal indication in nearly 40 years of the DOL's position on the determination of fair market value of private company stock.... [T]here may still be some value in understanding the guidance, if only to be prepared for the next effort undertaken by the DOL." MORE >>
Morgan Lewis
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Few Employers Are Currently Providing Assistance with Emergency Savings
"There was initially some buzz around these new SECURE provisions to help employees balance the need for access to funds in an emergency and saving for the future. However, to date there has been little take up of these provisions or providing an ESA outside of the plan. No
respondents to last week's QOTW are providing a PLESA, though 13 percent are currently considering it." MORE >>
Plan Sponsor Council of America [PSCA]
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Senators Introduce Women's Retirement Protection Act of 2025
"The Women’s Retirement Protection Act of 2025 (WRPA) [S 988] would ... [extend] critical protections to women’s retirement security and [provide] enhanced tools to ensure women can better prepare for retirement: [1] Strengthen consumer protections to safeguard retirement savings ... [2] Increase financial literacy ... [3] Provide assistance to help certain women obtain qualified domestic relations orders." [Also available: Bill Text and Fact Sheet] MORE >>
Sen. Tammy Baldwin [D-WI]
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Governance Guide for Public Sector Retirement Plans
19 pages. "[Public sector plans] operate under fiduciary rules determined at the state level, which introduce unique governance responsibilities for each plan sponsor. This state-based governance means that, while many public sector plans voluntarily follow ERISA standards, they
must still adhere to state-specific guidelines and nuances, which vary across jurisdictions. This guide provides broad information on governance structures and mechanisms that help plan sponsors manage their plans effectively." MORE >>
National Association of Government Defined Contribution Administrators [NAGDCA]
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Locking in Success: Why LDI Matters Now More Than Ever for DB Plans
"While equity market returns have been favorable, long-term interest rates remain the primary driver of DB plan liability values. Small fluctuations can significantly impact liabilities, making investment strategies that match the characteristics of the liabilities important for
mitigating risk.... A well-structured liability-driven investing (LDI) strategy can help stabilize long-term financial outcomes." MORE >>
Principal Financial Group
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Pension Risk Transfer Pricing Update, March 2025
"In March, the average duration 7 annuity purchase interest rate and the average duration 15 rate were almost neck and neck at 4.70% and 4.71% respectively. The first two months of 2025 saw a steady upward trend in annuity purchase interest rates. [March saw] the first decline of
the year at roughly a 23-basis point decrease since the prior month for both rates." MORE >>
October Three Consulting
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Benefits in General |
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[Official Guidance]
Text of IRS Disaster Relief Announcement IR-2025-4, for West Virginia Storm Victims
"[I]ndividuals and businesses in parts of West Virginia affected by severe storms, straight-line winds, flooding, landslides and mudslides that began on Feb. 15, 2025 ... now have until Nov. 3, 2025, to file various federal individual and business tax returns and
make tax payments.... Currently, individuals and households that reside or have a business in Logan, McDowell, Mercer, Mingo, Wayne and Wyoming counties qualify for tax relief." MORE >>
Internal Revenue Service [IRS]
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In a Showdown Between the Federal Arbitration Act and ERISA, ERISA Sometimes Wins
"[R]ecent federal appeals court decisions highlight some limits on enforcement of commercial contracts' arbitration provisions, especially when it comes to employee benefit plans.... [It] is appropriate to demand that plan participants promise to arbitrate any disputes the
participants may have with an employee benefit plan and its trustees and sponsors. It is also appropriate for the plan to limit any such arbitration to individual claims." MORE >>
Law.com; registration may be required
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ERISA Venue Provisions: Where Can You File Your Lawsuit?
"[ERISA's] broad venue provision gives plaintiffs multiple options for where to file suit. Participants and beneficiaries gain flexibility to choose locations that offer convenience or strategic advantages.... ERISA's statutory venue provision offers breadth. However,
forum-selection clauses can limit where participants may file by requiring a specific court or location to hear the case." MORE >>
DeBofsky Law
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Employee Benefits Jobs
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Selected New Discussions |
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Is My Daughter an HCE?
"For 2023, I owned over 10% of the company and my daughter was an HCE in the pension plan. Effective 1/1/2024, my son became 100% owner who is also in the plan. For 2024, is my daughter an HCE as I have no longer an ownership?"
BenefitsLink Message Boards
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Rehire Eligibility in a Multiple Employer Plan (MEP)
"Company A and unrelated Company B are participating employers in a multiple employer plan. If a terminated participant who worked for Company A is hired by Company B, prior to a 1-year break in service, must the participant be immediately eligible to participate again?"
BenefitsLink Message Boards
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Correcting 410(b) Failure: Which Terminated Employee to Include
"I had 3 employees terminate during 2024 in this dentist practice. As a result the 410(b) average benefits percentage test has failed. The solution is to overide the test and add back into the mix one of the terminated employees. Does it matter which employee I override and
provide a PS contriution to in order to pass the test? Of course the obvious choice would be the one who earned the least because that the contribution amount would be smaller."
BenefitsLink Message Boards
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Webcasts and Conferences (Retirement Plans / Executive Compensation) |
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Retirement Plan Distributions for Spouses and Descendants: Final Regs and Latest Planning Strategies
April 4, 2025 WEBINAR
ALI CLE [American Law Institute Continuing Legal Education]
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Last Issue's Most Popular Items |
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Catch-Up Contributions Get Anticipated Proposed Regs (PDF)
Groom Law Group, via TAXES the Tax Magazine
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Written Requests for ERISA Documents
Newfront
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Draft of IRS Publication 560: Retirement Plans for Small Business (SEP, SIMPLE, and Qualified Plans), for Use in Preparing 2024 Returns (PDF)
Internal Revenue Service [IRS]
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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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