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Retirement Plans Newsletter

March 26, 2025

 

[Guidance Overview]

Retroactive Deferrals for Sole Proprietors

"Section 317 of the SECURE 2.0 Act permits eligible sole proprietors to start a solo 401(k) plan by the deadline for their tax returns (excluding extensions) and retroactively make employee salary deferrals (pre-tax and/or designated Roth).... To take advantage of Section 317, [1] The company must be a sole proprietorship or single-member limited liability company (LLC), [2] It cannot have any employees other than the owner, and [3] This must be the first year starting a 401(k) plan."  MORE >>

American Retirement Association [ARA]

[Guidance Overview]

Mandatory Catch-Up Contribution 'Rothification': Actions Plan Sponsors Should Take Now

"Plan sponsors should develop processes to [1] identify participants who will be subject to the new Rothification requirement, [2] track FICA wages, and [3] implement the deemed Roth catch-up elections; and work with counsel to ensure plan documents, employee communications, and summary plan descriptions reflect these new Rothification requirements."  MORE >>

Sidley Austin LLP

[Guidance Overview]

IRA Rules at a Glance: Contribution Limits, Income Limits and Rollover Options

"You still have a few weeks, until April 15, to make a contribution to your Roth and traditional IRAs for 2024.... [These tables] give you the contribution limits, income limits and rollover rules for IRAs: Roth, traditional, SIMPLE and SEP at a glance. "  MORE >>

Kiplinger

Spotlight on Advisors: Key Types of Investment Fiduciaries

"ERISA 3(21) nondiscretionary fiduciary: advisor as a guide ... ERISA 3(38) discretionary fiduciary: outsourced chief investment officer ... ERISA 3(16) administrative fiduciary: handling the paperwork ... How to use this information: [1] Review your service agreement.... [2] Document everything, or ensure your advisor is.... [3] Ask tough questions.... [4] Compare their services and fees."  MORE >>

Retirement Planology

Steps to Benchmark Managed Accounts

"[1] Build a benchmark group ... [2] Consider the quality of the managed account provider ... [3] Consider the services of the managed account provider ... [4] Consider the value delivered by the managed account provider ... [5] Consider the fees charged by the managed account provider."  MORE >>

Fiduciary Benchmarks

[Sponsor]

Turning Plan Document Review into Actionable Insights

PlanPort revolutionizes how Recordkeepers, TPAs, and Advisors use retirement plan documents for sales, implementation, client relationships, and participant interaction –- delivering efficiency, accuracy, summarization, and automation like never before.

Sponsored by PlanDataAI LLC

Building Effective ALM Frameworks: A Practical Guide for Emerging Annuity Providers (PDF)

"Asset-liability management (ALM) is fundamental to insurers, making certain that assets are structured to meet future liabilities in expected amount and timing while managing financial risks effectively.... This article explores ALM strategies for annuities at different levels of maturity and sophistication, from basic approaches suitable for smaller insurers to advanced techniques used by firms with significant balance sheet risks."  MORE >>

Milliman

Competitive Pension Risk Transfer Cost Inches Up in February (PDF)

"During February, the estimated cost to transfer retiree pension risk to an insurer in a competitive bidding process ticked up from 101.6% to 101.7% of a plan's accounting liabilities (accumulated benefit obligation, or ABO).... During the same time period, the average annuity purchase cost across all insurers ... remained level, at 104.3%."  MORE >>

Milliman

[Opinion]

EBSA Nominee Previously Urged ERISA Litigation Reform

"Although the [September 2024] blog post refers to cases unrelated to ESOPs or ESOP-specific fiduciary issues, it suggests an approach to the DOL's role that seeks to reign in what [EBSA nominee Daniel Aronowitz] sees as an overly aggressive plaintiffs' bar on ERISA cases. That is notable given that most recent ESOP litigation has come from just three law firms."  MORE >>

National Center for Employee Ownership [NCEO]

Benefits in General

[Opinion]

What Patent Trolls Can Teach Us About Tackling Problems in the ERISA Class Action Industry

"[T]he sheer complexity of ERISA and of its application in specific circumstances often requires multiple decisions by multiple courts before a consensus is reached on what the correct rule on a given issue actually should be.... [P]erhaps the best solution is a structure that feeds any conflicting circuit court opinions automatically to a designated and specialized appellate bench above the circuit courts but below the Supreme Court, to maximize the opportunities for such diverse decisions to be synthesized."  MORE >>

Stephen Rosenberg, The Wagner Law Group

Selected New Discussions

Top Heavy Contribution for Key Employee

"I was referred a plan to review for a possible VCP or self-correction due to missed top heavy contributions going back for several years. One out of 3 key employees made a small deferral contribution of 1.6%. There are no employer non-elective or match contributions. The plan document states that all participants (key and non-key) receive top heavy contributions. The TPA has calculated a top heavy contribution amount of 1.6% for all participants including the key employee who had a deferral contribution of 1.6%. Should this key employee receive the additional 1.6% top heavy allocation, or is this key employee's deferral contribution deemed to satisfy the minimum required allocation of 1.6%? If the additional allocation is required, does that then mean that there is one key employee with at least a combined 3% allocation and now all other participants must be increased to 3%? Also, what is your opinion on whether this can be self-corrected pursuant to Notice 2023-43 or a VCP application should be filed?"

BenefitsLink Message Boards

Press Releases

The Cerrado Group Announces Professional Benefit Services as Newest Member Firm

The Cerrado Group

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Ethical Considerations for ERISA Practitioners

RECORDED

PLI [Practising Law Institute]

Fiduciary Duty Meets Stewardship: Aligning Compliance with Care

RECORDED

McDermott Will & Emery LLP

401(K) Loan and Distribution Basics

April 15, 2025 WEBINAR

Nova 401(k) Associates

Last Issue's Most Popular Items

Mandatory Roth Catch-Up: More Than Meets the Eye

Foley & Lardner LLP

When an Employee Dies: A Resource Guide for HR and Benefits Professionals

Foley & Lardner LLP

Defined Contribution Plan Annual Review: Key Areas of Focus

Watkins Ross

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

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