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Retirement Plans Newsletter

March 31, 2025

 

[Guidance Overview]

DOL Voluntary Fiduciary Correction Program Updates

"[K]ey updates include the introduction of a Self-Correction Component (SCC), which allows fiduciaries to rectify specific issues without submitting a full VFCP application. Instead, a streamlined SCC notice can be filed electronically, covering delinquent participant contributions and inadvertent participant loan failures."  MORE >>

Boutwell Fay LLP

Third Circuit Revives Pension Fund's Claim Against Related Employers After Settlement with Borden Dairy

"The appellate court ruled that the Fund could sue to collect withdrawal liability payments from other companies under common control with Borden, despite the original settlement agreement reached with Borden during arbitration.... The court found that the settlement agreement constituted a legitimate revision of the withdrawal liability assessment. Consequently, since the related employers did not seek arbitration of this revised assessment, the Fund retained a cause of action under the MPPAA." [Cent. States, Se. & Sw. Areas Pension Fund v. Laguna Dairy, No. 23-3206 (3d Cir. Mar. 27, 2025)]  MORE >>

Roberts Disability Law

Study Reveals Distinct Financial Literacy Gaps and Opportunities for Young People

"Younger generations are largely not prepared to save or invest for the future ... Many could not identify a 401(k) as a type of employer-sponsored retirement plan, including 42% of recent hires.... On average, respondents think 30 is the proper age to start saving.... 90% of recent hire respondents with retirement plans have them through their employer. Of those who have a company match (76%), 56% reporting contributing 'just enough' to receive the match."  MORE >>

The SPARK Institute

PBGC OIG Report: Special Financial Assistance Program’s Policies and Procedures for the Annual Statement of Compliance Need Improvement (PDF)

"PBGC's approach to reconciling SFA funds could be more comprehensive to reduce the risk of misallocation and delays in identifying issues. The current review procedures also lack specific guidelines and thresholds for identifying significant variances, which might result in potential problems going unnoticed.... PBGC's procedures for monitoring the Reinstatement of Benefits under the American Rescue Plan (ARP) Act could benefit from clearer communication between PBGC, the [DOL], and the Treasury.... [PBGC] agreed with the recommendations and plans to complete all actions by September 30, 2025."  MORE >>

Office of Inspector General [OIG], Pension Benefit Guaranty Corporation [PBGC]

Mississippi Adopts Hybrid Retirement Design in Major Pension Reform

"Coming on the heels of contribution rate changes enacted by the legislature in 2024, the move will add another critical guardrail in officials' attempt to put PERS -- only 56% funded with $26.5 billion in unfunded pension liabilities -- on a path to solvency."  MORE >>

Reason Foundation

Roth Treatment of Employer Contributions

"Forty-five percent of plan sponsors are now allowing, or are considering allowing, Roth treatment of employer contributions.... For those that are considering it, many cite lack of provider capability as the barrier to implementation. For those who will not allow it, many state they already allow in-plan Roth conversions, which gets the same results with less administrative burden."  MORE >>

Plan Sponsor Council of America [PSCA]

Benefits in General

[Guidance Overview]

U.S. Treasury to Eliminate Paper Checks: What It Means for Tax Refunds, Social Security

"[Executive Order 14249 calls] on the federal government to phase out the use of paper checks and switch to electronic payments by September 30, with some limited exceptions. The U.S. Treasury now has approximately six months to phase out paper checks for various purposes, including tax refunds and Social Security payments.... [A]ll government departments and agencies must issue disbursements via electronic funds transfer (EFT) methods, like direct deposit, debit/credit card payments, digital wallets, and real-time transfers. Payments made to the federal government, like taxes, fees, fines, or loans, will also have to be made electronically, with limited exceptions."  MORE >>

Kiplinger

Supreme Court Hears Oral Argument in Nondelegation Case with Implications for Powers of Administrative Agencies

"This case has broad implications for administrative law generally, but for agencies that are empowered to assess fees or that delegate to private entities in particular.... An affirmance would invite more aggressive challenges to all sorts of agency actions where arguably Congress's delegation is unclear or goes too far." [FCC v. Consumers' Research, No. 22-60008 (5th Cir. Mar. 24, 2023; cert. pet. granted Nov. 22, 2024, No. 24-354; oral arg. Mar. 26, 2025)]  MORE >>

Venable LLP

Executive Compensation and Nonqualified Plans

Benefits of Nonqualified Deferred Compensation Plans for Companies and Their Executives

"NQDC plans can: [1] Supplement employer credits targeted to a select group of management personnel or HCEs that addresses the employer's specific compensation and retention goals for an individual or the group, without the constraints on vesting or contribution levels that apply to tax-qualified plans. [2] Allow participants to offset corrective distribution amounts from the 401(k) plan with NQDC deferrals of current year salary ... [3] Eliminate ERISA fiduciary exposure of the members of the board of directors or their delegates in administering the plan. [4] Allow flexibility regarding financing of plan benefits, as participant accounts are paid from the general assets of the employer."  MORE >>

Ascensus

Best Practices to Maximize Your BOLI Program’s Effectiveness

"[1] Get to know the entire [bank-owned life insurance (BOLI)] landscape.... [2] Understand regulatory and tax rules.... [3] Review due diligence procedures ... [4] Verify the credit quality of the issuer.... [5] Monitor market conditions and seek out upgrade opportunities."  MORE >>

Ascensus

Selected New Discussions

Different Vesting Schedules for Different Classes of Employees

"A 401k plan has a 4 year graded vesting for all employees. The question is can they have a different more generous schedule for a certain job class, for example nurses. There are HCE's and NHCE's in the nurse job class. Will this require BRF testing?"

BenefitsLink Message Boards

Freezing A Cash Balance Plan For Only 1 Year?

"If someone is having some cash flow issues and want to freeze their cash balance plan for only 1 year, is that an issue? ... It would be for 2025, since no one has worked 1,000 hours for the year."

BenefitsLink Message Boards

Press Releases

SPARK Institute Recognizes April as Financial Literacy Month, Tackles Education Gaps for Students Nationwide

SPARK Institute

Executive Compensation and Employee Benefits Partner Robert M. Cipolla Joins Hunton in Richmond

Hunton Andrews Kurth

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

The Path Beyond: Evolving Strategies in Pension Management

April 23, 2025 WEBINAR

Fidelity Investments

I Failed My 2024 ADP Test. What Can I Do for 2025?

April 24, 2025 WEBINAR

Nova 401(k) Associates

Best Practices for Navigating Employee Benefits After Termination

May 13, 2025 WEBINAR

Lorman Education Services

44th Annual ISCEBS Employee Benefits Symposium

September 14, 2025 in MN

ISCEBS [International Society of Certified Employee Benefit Specialists]

Last Issue's Most Popular Items

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

Plan Sponsor Council of America [PSCA]

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

Ferenczy Benefits Law Center

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

The Berwyn Group

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

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