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Retirement Plans Newsletter

March 24, 2025

💼  2 New Job Opportunities

 

[Official Guidance]

Text of IRS Instructions for Form 1098-Q: Qualifying Longevity Annuity Contract Information (PDF)

Rev. Apr. 2025 "What's New: [1] Annual inflation adjustments to dollar limitations on premiums ... [2] New regulations affect Qualifying Longevity Annuity Contracts (QLAC)."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

DOL Publishes New VFCP Model Participant Notice

"The DOL notes that the model notice is only intended for applicants to use. It is not intended for those employing self-correction to use in order to fix errors.... The model notice lets a plan participant know that the plan sponsor has applied to participate in the DOL's VFCP regarding the plan, and explains that the program is voluntary and is intended for plan administrators to use in order to correct possible breaches of Title I of ERISA."  MORE >>

American Retirement Association [ARA]

[Guidance Overview]

How the 5-Year Rule Really Works with Inherited Roth IRAs

"If a client is at least 59.5 and five years have passed since their last contribution, all Roth IRA distributions become tax-free, including the earnings. While a typical Roth IRA is not subject to minimum distribution rules, inherited Roth IRAs are subject to the same RMD rules as traditional IRAs. When a surviving spouse is at least 59.5, the spousal rollover option is likely advantageous."  MORE >>

ThinkAdvisor

[Guidance Overview]

Things to Worry About, Part 10: FINRA Enforcement and Senior Investors

"FINRA is focusing on services and recommendations by broker-dealers and their registered representatives to retirees, senior investors and investors with diminished capacity. To state the obvious, the regulator is concerned about the aging of the Boomers in real time."  MORE >>

FredReish.com

Southern Company Retirees Urge Eleventh Circuit to Revive Pension Suit

"The proposed class of Southern Company pension plan participants ... entered a reply brief with the appellate court on [March 20] ... arguing a district court wrongly found that companies have the discretion to define for themselves what the term 'actuarial equivalent' means under Section 1055(d) of ERISA." [Drummond v. Southern Company Services, Inc., No. 22-0174 (N.D. Ga. Jul. 30, 2024; on appeal to 11th Cir. No. 24-12773)]  MORE >>

Cohen Milstein

House Committee Chair Asks DOL to Withdraw Fiduciary Rule

"House Education and Workforce Committee Chairman Tim Walberg has called on newly appointed Labor Secretary Lori Chavez-DeRemer to rescind the Biden administration's fiduciary rule ... [The] request comes after a recent [Fifth Circuit] ruling ... granting ... the DOL a 60-day pause to analyze its response to the rule and two federal court cases challenging the regulation.... Industry observers have said the pause means a possible change in course in the DOL's strategy under the Trump administration[.]"  MORE >>

Financial Advisor

ESOP Transactions and the Duty to Monitor Revisited

"Historically, it has been standard practice for the ESOP trustee to provide a certification confirming several aspects of a transaction, including a financial advisor's opinion on the adequacy of the deal consideration and the fairness of the transaction's terms.... Based on recent caselaw, advisors have begun holding a special meeting with the board and trustee before the closing of the transaction to further support the position that the board has fulfilled its monitoring duty."  MORE >>

Polsinelli PC

Segal Model Pension Plan’s Funded Status Increases in Q4 2024

"During the fourth quarter of 2024, the funded status of Segal's model pension plan ... rose by 5 percentage points, to 110 percent ... This increase in funded status is attributable to a 7 percent decrease in liabilities, partially offset by a 2 percent decrease in assets."  MORE >>

Segal

Do Retirement Savers Invest Enough in Foreign Assets?

"Foreign securities don’t always correlate with U.S. securities, so owning both can reduce the volatility and long-term risk of one’s portfolio."  MORE >>

American Retirement Association [ARA]

[Opinion]

'Meaningful Benefits' After Chevron

"Cash Balance plans designed to maximize benefits for older, higher-paid participants combined with Defined Contribution plans that provide enough in contributions to the staff so that the plans can pass arcane nondiscrimination tests have become popular ... The problem is that IRC 401(a)(26) requires Defined Benefit plans (which Cash Balance plans are) to cover a minimum number of eligible participants so some rank-and-file employees may need to be in the Cash Balance plan AND get a ‘meaningful benefit’.... [W]ho now gets to decide what words like ‘reasonable’, ‘fair’, and ‘meaningful’ written in a law really mean now that the Chevron’s default preference for regulators has been overturned?"  MORE >>

Burypensions

[Opinion]

PBGC Fails to Investigate Pension Failures and Recover from Looters

"A PBGC policy mandating a forensic review upon a plan's termination would discourage bad behavior by pension advisers during this critical wind-down period.... [If] undertaken routinely, PBGC could become the leading resource for private and public pensions, and regulators, seeking to improve the nation's retirement savings plans. However, then, as today, opposition to forensic investigations of pension failures, or losses was intense."  MORE >>

Edward Siedle

Benefits in General

NC Treasurer Discusses New Pension Strategy, Weight-Loss Drug Coverage and More

"In an extended interview [North Carolina State Treasurer Brad Briner] talked about the health plan's recent change to a new administrator. Briner also talked about the potential for bringing popular weight-loss drugs back into the coverage plan. And he discussed Bitcoin's role in boosting returns for pension plan members -- and revealed plans for proposed legislation aimed at adding checks-and-balances for the state employees who manage the state pension plan."  MORE >>

WRAL.com

How Well Do Consumers Anticipate Retirement Healthcare, LTC Costs?

"Healthcare costs are grossly underestimated.... Rising costs and advancements in technology increase financial burden.... Investors are considering asset spend-down to qualify for Medicaid.  ... Concerns over long-term care costs are amplified among financial professionals surveyed.... Personal experience drives better preparedness."  MORE >>

InsuranceNewsNet.com

Executive Compensation and Nonqualified Plans

Why Do Companies Offer Nonqualified Deferred Compensation Plans?

"Although NQDC plan designs vary significantly, PSCA’s annual survey of NQDC plans shows a continued focus on plan education and helping employees save for retirement across all plan sponsors."  MORE >>

American Retirement Association [ARA]

Employee Benefits Jobs

💼

Compliance Specialist II

NBS, A "Remote First" Company

Remote / Orange Park FL

View job as Compliance Specialist II for NBS, A "Remote First" Company

💼

Client Plan Manager

Pension Consultants, Inc.

Springfield MO

View job as Client Plan Manager for Pension Consultants, Inc.

Selected New Discussions

Refund of Salary Deferrals in Excess of Plan Limit

"We administer a 20 participant 401(k) plan that restricts salary deferrals to no more than 25% of W-2 Salary. The plan made a mistake and allowed a participant to have salary deferrals of more than 25% of W-2 salary. I would think that this needs to be corrected by refunding the amount over 25% back to the participant as it is a violation of the terms of the document. In other words, the amount over 25% of W-2 salary should not have been contributed to or been in the plan in the first place. Would this extra amount of salary deferrals be counted in the 401(a)(4) test? I would think not since it does not belong in the plan per the terms of the document. Anyone agree or disagree?"

BenefitsLink Message Boards

Press Releases

Merit Financial Advisors Partners with Sanctuary Wealth Management and Fiduciary Services; Adds First Office in Idaho

Merit Financial Advisors

OneDigital Acquires Retirement Services Division of BayBridge Capital Group

OneDigital

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

What's Happening in the Washington Retirement Policy Debate? D.C. Pension Geeks

RECORDED

American Retirement Association [ARA]

Self-Correction Under the Updated Voluntary Fiduciary Correction Program

April 17, 2025 WEBINAR

Trucker Huss

Last Issue's Most Popular Items

IRS Proposed Regs Offer Clarity on Roth Catch-Up Mandate

T. Rowe Price

Understanding the New Automatic Enrollment Requirements

Faegre Drinker

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

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

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