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Retirement Plans Newsletter

March 28, 2025

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[Official Guidance]

Text of IRS Request for Comments: Online Letter Applications for Pre-Approved Plans

"The IRS is soliciting comments concerning Form 4461, Application for Approval of Standardized or Nonstandardized Pre-Approved Defined Contribution Plans; Form 4461-A, Application for Approval of Master or Prototype or Volume Submitter Defined Benefit Plan; and, Form 4461-B, Application for Approval of Standardized or Nonstandardized Pre-Approval Plans, and Form 4461-C, Application for Approval of Standardized or Nonstandardized 403(b) Pre-Approved Plans."  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

Social Security Administration Updates Identity Proofing Requirements, Delays Implementation

"Under the updated policy, now slated to take effect April 14, 2025, individuals applying for Social Security Disability Insurance, Medicare or Supplementary Security Income who cannot use their personal 'my Social Security' account online can complete their claim entirely over the telephone, without the need to come into an office.... Individuals who cannot use their personal online my Social Security account to apply for benefits will only need to provide proof of their identity at a Social Security office if applying for Retirement, Survivors or Auxiliary (spouse or child) benefits. The SSA said it will enforce online digital identity proofing or in-person identity proofing for these cases."  MORE >>

planadviser

[Guidance Overview]

What Plan Administrators Need to Know About the 2025 RMD Age Increase

"Participants who turned 73 in 2024 must begin taking RMDs from their employer-sponsored retirement plans by April 1, 2025, unless they are still working, and their plan allows them to defer. Missing this deadline can be costly ... Plan administrators play a crucial role in promoting compliance and protecting participants from these penalties."  MORE >>

The Berwyn Group

DC Annuity Lessons from the JPMorgan Stable Value Class Action Pleadings

"[A]ssessing annuities is a dynamic process. It involves putting any contract under any particular plan or arrangement in 'context.' The designs, terms, crediting crates and the like shift over time and circumstance, and may well apply differently depending on the arrangement." [Gonzalez v. JPMorgan Chase Bank N.A., No. 25-1889 (D.N.J. complaint filed Mar. 14, 2025)]  MORE >>

Business of Benefits

Fiduciary Duties: Ask Why

"Decision making is a big part of being a plan sponsor, so whenever assessing plan options, it's imperative for plan sponsors to keep focused on their fiduciary obligations. Specifically, plan sponsors must 'be sure they understand any option before selecting it', and clarify the benefits and costs for participants."  MORE >>

Colonial Surety Company

The Power of Offering an ESPP and 401(k) Together

"ESPPs drive account activity; employees in an ESPP log into NetBenefits 41% more often. Double-digit retirement savings results and longer tenure are seen at every income level, in every age group, and among both genders."  MORE >>

Fidelity

Active Lump Sums: A Smart Approach to Pension Derisking

"[S]ponsors who haven’t done so already should evaluate (or re-evaluate) whether active lump sums present an accretive step in their derisking journey. As with any derisking option, there are factors to be considered and issues to be understood before moving forward."  MORE >>

Fidelity

Decumulation Strategies: Creating Lifetime Income from Defined Contribution Plans (PDF)

"There are two broad categories of insured payment options -- income annuities and annuities with guaranteed lifetime withdrawal benefits (GLWBs). ... [T]here are important differences when offered within an employer-sponsored retirement plan.... There is no single option that will meet all plan participant needs due to differing participant demographics, household needs, other income, other retirement plans, etc. Plan sponsors may find that a choice from among a combination of two or more options may better meet the needs of most plan participants"  MORE >>

American Academy of Actuaries

The Role of IRAs in U.S. Households’ Saving for Retirement, 2024 (PDF)

28 pages. "In mid-2024, 44 percent of U.S. households owned IRAs. Traditional IRAs were the most common type of IRA owned (33 percent of US households), followed by Roth IRAs (26 percent) and employer-sponsored IRAs (4 percent).... In mid-2024, 59 percent of traditional IRA-owning households indicated that their traditional IRAs contained rollovers from employer-sponsored retirement plans.... Across all US households, 16 percent contributed to traditional or Roth IRAs in tax year 2023."  MORE >>

Investment Company Institute [ICI]

[Opinion]

Ferenczy Benefits Law Center Comment Letter to IRS on Proposed Regs for Mandatory Automatic Enrollment (PDF)

14 pages. "This comment letter raises the following [mandatory auto enrollment (MAE)] questions and issues: [1] Small business exception; [2] Defining portions of years for automatic increase; [3] Application of QDIA requirements for employer-directed plans; [4] Application of MAE in company acquisitions; [5] Clarification of plan merger issues; [6] Correction of MAE failures; [7] Consequences for union employees; [8]The impact of MAE on deferral-only 403(b) plans."  MORE >>

Ferenczy Benefits Law Center

[Opinion]

Ferenczy Benefits Law Center Comment Letter to IRS on Proposed Regs for Catch-Up Contribution (PDF)

11 pages. "This comment letter raises the following [catch-up contribution (CUC)] questions and issues: ... [1] Benefits, rights, and features testing in a non-Roth plan; [2] Participant notice requirement for Roth CUC; [3] Challenges with Roth CUC corrections; [4] Roth practices & procedures.... [5] Setting special limits for ages 60-63 CUC.... [6] Issues impacting Puerto Rican employees."  MORE >>

Ferenczy Benefits Law Center

Benefits in General

Could ERISA Litigation Reform Be on the Administration's Agenda?

" 'Why would America's plan sponsors continue to offer retirement plans with generous company matches if the trial bar is going to turn these voluntary benefits into liability traps?' This question, which [EBSA nominee Daniel Aronowitz] asked in a blog from Sept. 2024, more or less summarizes his concerns with ERISA litigation, which he considers not just excessive but destructive.... Aronowitz ... suggests that fiduciary liability should be shifted away from sponsors and onto providers, especially in cases where the business model of that provider is an issue in the case."  MORE >>

Plan Sponsor Council of America [PSCA]

Employee Benefits Jobs

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DB Software Support Specialist

ASC - Actuarial Systems Corporation

Sylmar CA / Hybrid

View job as DB Software Support Specialist for ASC - Actuarial Systems Corporation

Selected New Discussions

New VFCP Program - Survey on Anticipated Use

"Please respond, I am very curious to know if there is a consensus on how the DOL's new program will be used!"

BenefitsLink Message Boards

'Prefunding' Profit Sharing Contributions

"As a TPA, I have some clients that like to provide for Profit Sharing allocations, under Each in Own Class allocation formula, during the relevant plan year. After the year ends, we receive census data and prepare our cross-testing for allocations. The question is, if a client contributes in excess of a minimum benefit that we calculate, would it be permitted to forfeit that money from the participant account? How about offsetting for future year contributions? My thoughts are that this may violate the Exclusive Benefit Rule with some overlap on Anti-cutback."

BenefitsLink Message Boards

How to Cancel a QDRO?

"Can anyone recommend firm to help cancel our QDRO. My edifies and I separated very amicably. At time of divorce, we had a QDRO submitted, giving her 1% of my federal pension so she could maintain fed health benefits. She subsequently got a job w NYS, negating the need for the QDRO. For several reasons, we want to cancel/negate it. No one seems to know how, some even say it cant be done. Any advice?"

BenefitsLink Message Boards

Power of Attorney for Spousal Consent When Spouse Is Incapacitated

"I have participant who would like to name his daughter as his primary beneficiary on all retirement plan related accounts. The participant's wife is so impaired she is unable to execute a spousal consent on the beneficiary designation. The participant has Power of Attorney for all purposes regrading his wife. Is this sufficient for the spousal consent section of his beneficiary designation?"

BenefitsLink Message Boards

Where Can I Find ERISA?

"Where can I get a copy of the current ERISA, updated currently? I'd like to do some research on something and I want to use the primary source."

BenefitsLink Message Boards

Self-Certification of Hardships -- Consequences If Distribution Not Truly Eligible?

"What are the consequences if a plan allows self-certification of hardships and participants either lie or just don't understand the rules and take withdrawals that are not covered under the Safe Harbor rules? Does the participant get in trouble? Does the plan sponsor? What about a 3(16) Plan Administrator? (And side note, are self-certifications relegate to only SH reasons? Or can it be applied to a facts & circumstances provision?)"

BenefitsLink Message Boards

Press Releases

Chelko Offers to Take on Co-Fiduciary Role

Chelko

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

The Importance of Controlled and Affiliated Service Group Determinations to Benefits Compliance

April 22, 2025 WEBINAR

Baker Donelson

Last Issue's Most Popular Items

IRS Employee Plans News, March 26, 2025 (PDF)

Internal Revenue Service [IRS]

How to Protect Your ESOP from Lawsuits Over Cash Holdings

Bradley

The Impact of the RMD Rules on IRA Distributions: An Examination of the Rule Changes from 2019-2021 (PDF)

Employee Benefit Research Institute [EBRI]

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

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