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Retirement Plans Newsletter

March 21, 2025

💼  4 New Job Opportunities

 

[Guidance Overview]

Understanding the New Automatic Enrollment Requirements

"[T]he Proposed Regulations will apply to plan years beginning six months after the final regulations are issued by the [IRS]. For earlier years, plans must follow a reasonable, good-faith interpretation of the new rules. Generally, plan amendments and plan design changes will not impact a plan's automatic enrollment requirements. However, plans should review the automatic enrollment requirements if the plan amendment relates to a merger or the adoption of a multiple employer plan."  MORE >>

Faegre Drinker

[Guidance Overview]

IRS Proposed Regs Offer Clarity on Roth Catch-Up Mandate

"[The] proposed regulations give guidance on SECURE 2.0 catch-up requirements, including the 2026 Roth mandate for higher-earning participants. Participants age 50+ who hit the regular deferral limit may be deemed to have elected that their pretax catch-up contributions auto switch to Roth. For violations of the Roth requirements, the proposal provides correction methods that avoid the need to distribute elective deferrals."  MORE >>

T. Rowe Price

Lawsuit Against Lockheed Martin Criticizes Firm for Using In-House TDFs

"The aerospace and defense company was accused of violating its fiduciary duties of prudence and loyalty by taking a 'DIY' approach to their 401(k) investments and creating a 'home-grown, ineffective private investment funds,' and paying themselves 'excessive and unreasonable fees' using the plans' assets." [Fezer v. Lockheed Martin Corp., No. 25-0908 (D. Md. complaint filed Mar. 19, 2025)]  MORE >>

PLANSPONSOR; free registration may be required

Insurance Company Providing 401(k) Retirement Plans Not an ERISA Fiduciary with Respect to Foreign Tax Credits from Mutual Fund Shares

"Considering ordinary notions of property rights, the court concluded that the foreign tax credits were inalienable and owned by John Hancock as the legal and taxable owner of the shares of the mutual fund. The fact that the foreign tax credits were the result of foreign taxes on the Romanos fund did not make them assets of the fund. This was underscored by the fact that the Romano Law Plan was a tax-exempt plan unable to use the credits." [Romano v. John Hancock Life Ins. Co. (USA), No. 22-12366 (11th Cir. Oct. 30, 2024)]   MORE >>

Eversheds Sutherland

How to Combat the Dreaded ‘A’ Word to Increase In-Plan Annuity Adoption

"[When retirement plan participants] hear about the advantages guaranteed income products offer, they're all for it but balk at the word 'annuity' itself, given its complicated past.... DC plans can offer structured drawdown strategies that provide flexibility while mitigating longevity risk rather than incorporating a strict guaranteed income component."  MORE >>

American Retirement Association [ARA]

Should Managed Accounts Be Used as a Plan's Default?

"Managed accounts are often marketed as 'better' for participants in the long run ... However, ... a participant needs to supply additional data inputs ... to make the service and investment allocation more effective. If most of your QDIA participants are, by definition, not fully engaged and are not supplying the additional data needed to maximize the managed account services, then is the extra half percent, or more, in fees worth it to essentially have an enhanced target-date investment?"  MORE >>

Multnomah Group

Alternatives to DB Plan Termination: Balancing Sponsor Concerns and Participant Security

"When provided in combination with a DC plan, alternative DB plan designs can offer employees the opportunity to have sufficient retirement savings with lifetime income protection. Termination of the DB plan can eliminate the opportunity for both."  MORE >>

Milliman

Public Pension Funding Index, March 2025

"February 2025 saw asset growth match the growth in plan liabilities, resulting in no change in the estimated funded status of the 100 largest U.S. public pension plans from January 31, 2025  ... The funded ratio remained at 81.1% as of February 28, 2025, hovering just shy of its highest level in the past three years."  MORE >>

Milliman

Employee Benefits Jobs

💼

Senior Retirement Analyst

Dunbar, Bender & Zapf, Inc.

Remote / Pittsburgh PA

View job as Senior Retirement Analyst for Dunbar, Bender & Zapf, Inc.

💼

Actuary

Nyhart, part of FuturePlan by Ascensus

Remote

View job as Actuary for Nyhart, part of FuturePlan by Ascensus

💼

Retirement Plan Consultant

FuturePlan, by Ascensus

Remote

View job as Retirement Plan Consultant for FuturePlan, by Ascensus

💼

Client Relationship Consultant

FuturePlan, by Ascensus

Remote

View job as Client Relationship Consultant for FuturePlan, by Ascensus

Selected New Discussions

Avoiding the Top-Heavy Minimum - Cash Flow Constraints

"3% SHNEC Safe Harbor Plan. Client wants to discontinue the SHNEC but a) the keys have already made substantial 401k, and b) they are top-heavy. Can we discontinue the SHNEC as of April 30th (after providing the 30 days notice of course) and coincidentally create a short plan year ending 4/30/2025, and remain on a 4/30 plan year end for the foreseeable future? I'll be darned if that doesn't work. I think it does... Otherwise he has to terminate the plan and everyone loses (because terminating is the only way to stop the top-heavy minimum). Of course all keys would be told to stop doing 401k (in fact I have made it my practice to exclude keys from the plan by design (I called it a top-heavy inoculation)."

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

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