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Retirement Plans Newsletter

April 4, 2025

 

[Guidance Overview]

IRS Provides Summary of Remedial Amendment Cycles for Pre-Approved Plans

A chart outlines remedial amendment cycles for defined contribution, defined benefit, and 403(b) plans.  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

IRS Updated Form 5330 Corner

This IRS web page provides a list of taxes to be reported on Form 5330, and describes electronic filing requirements for this form.  MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

EBSA Guidance on Annual Funding Notices: Better Later Than Never

"EBSA updated the formatting of the notice to move contact information up front and uses bullet points so that the notice is easier to read. It is still really long, though. [FAB 2025-02] addresses that reasonable estimates can be used for the participant counts in the notice year (Q&A 8), clarifies how to calculate the average rate of return on plan assets (Q&A 9), and clarifies that the standard for disclosing material events has not changed (Q&A 11)."  MORE >>

Morris, Manning & Martin, LLP

IBM Retirees' Lawsuit Over Pension Benefits Back in Play After Appeals Court Overturns Dismissal

"The appeals court judges didn't address the merits of the complaint -- only the District Court judge's interpretation of guidelines governing timeliness of filing an ERISA lawsuit.... Plaintiffs sued in June 2022 -- later amending the complaint in August 2022 -- alleging that calculations for married retirees violated ERISA because they weren't 'actuarially equivalent' to calculations for single retirees." [Knight v. International Business Machines Corp., No. 24-1281 (2d Cir. Apr. 3, 2025; unpub., on appeal from S.D.N.Y. No. 22-4592 Apr. 4, 2024)]  MORE >>

Pensions & Investments

Are PEPs Reshaping the Retirement Plan Market?

"The idea behind PEPs sounds simple: Employers pool their resources to leverage collective buying power, reduce costs, and improve efficiency. However, in practice, PEPs vary widely depending on the provider's focus. Understanding these variations is crucial ... [Here] are some of the PEP design features and considerations for employers."  MORE >>

Georgetown University Center for Retirement Initiatives

Reducing PBGC Variable-Rate Premiums: Timing of Contributions

"There is one strategy that sponsors of underfunded plans can use to reduce PBGC variable-rate premiums (VRPs) that simply involves an acceleration of contributions otherwise due in 2025/2026. By frontloading contributions that, in any case, must be paid to the plan within the next 1-5 months, a sponsor of an underfunded plan can (generally) reduce real, out-of-pocket VRP costs."  MORE >>

October Three Consulting

2025 Report on State Retirement Systems: Funding Levels and Asset Allocations

"Wilshire estimates that the aggregate funded ratio was 77.3% at FYE 2024, which represents a 2.5% increase from FYE 2023. Wilshire's estimate of the aggregate funded ratio as of December 31, 2024 is 79.4%. The 2.1% increase from our FYE 2024 measurement stems primarily from strong performance across most asset classes[.]"  MORE >>

Wilshire

[Opinion]

Equitable Responds to Teacher Presentation on TDF Fees

"[This letter] was sent to an educator by an Equitable employee. Keep in mind that Equitable is a company that was fined $50 million by the SEC for misrepresenting fees. The educator's crime? They did a presentation for colleagues in which they compared someone in a low-cost target date fund (charging 0.08%; hello Fidelity and Vanguard) with someone in an Equitable Equi-vest Series 201 Target 2055 Allocation investment charging 2.3%."  MORE >>

403bwise

Benefits in General

Exceptional Usefulness and Quality icon Employers Precautions to Ease Navigation of Benefits Issues in the Event of Employee Death

"[1] Periodically reminding employees to update or confirm beneficiary designation forms ... [2] Reviewing equity award agreements to determine whether awards vest upon an employee's death ... [3] Periodically reminding employees to keep the employer apprised of any changes to the employee's marital status ... [4] Reviewing all benefit plans to understand what benefits are payable upon an employee's death, including the effect, if any, on such benefits if the employee is on a leave of absence at the time of death ... [5] Reviewing insurance policies to understand whether the employer or the insurer is responsible for providing any conversion notice to an employee upon their loss of coverage[.]"  MORE >>

Haynes and Boone, LLP

Quarterly Mortality Monitoring Report for the U.S. Population

"[T]he SOA is launching a new report series -- the Quarterly Mortality Monitoring Report (QMMR) -- to be released every three months.... This report is the first of the QMMR series, focusing on mortality data through July 2024.... The estimated death rate for January through December 2024 ... was 1.1% below the level observed in 2019. Thus, for the U.S. population in the aggregate, the death rate is now about equal to its pre-pandemic level."  MORE >>

Society of Actuaries

Selected New Discussions

401(k) Prevailing Wage Plan Abandoned and Missing Contributions

"I have an unresponsive client who sponsors a 401(k) plan with prevailing wage. They have not deposited the owed prevailing wage into the plan for months, and are now potentially shuttering their doors and just walking away. What do I give them to impress upon them how they need to fund the contributions? I haven't been able to find anything concrete here, on the IRS website, DOL website, or ASPPA book, but maybe I am just searching incorrectly?"

BenefitsLink Message Boards

SIMPLE IRA and Acquisition

"Company A has a SIMPLE IRA and is purchased in a stock sale by Company B that has a 403b plan. Can the SIMPLE IRA be terminated mid year due to the acquisition so the employees can participate in the 403b plan of the buyer?"

BenefitsLink Message Boards

Affiilated Service Group (ASG) and Top Heavy Allocation

"ASG has 3 plans. 1 plan never had a key employee and not top heavy -- Plan X The other 2 plans are top heavy and provide top heavy allocation. Is Plan X required to be part of the aggregation and receive top heavy allocation?"

BenefitsLink Message Boards

Press Releases

Wagner Ethics Attorney a Primary Draftsperson of High-Profile Professionalism Report

The Wagner Law Group P.C.

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Smart Retirement Strategies for High-Earning Professionals

RECORDED

Manning & Napier, Inc.

Beyond Sweat Equity: Modern Compensation Strategies for Enhanced Engagement & Retention

April 16, 2025 WEBINAR

Amundsen Davis

The ABCs of Participant Loans

April 29, 2025 WEBINAR

Western Pension & Benefits Council

Multiemployer Pension Plan Withdrawal: An In-Depth Examination

May 29, 2025 WEBINAR

Strafford

Last Issue's Most Popular Items

Text of DOL Field Assistance Bulletin No. 2025-02: ERISA's Annual Funding Notice Requirements Following SECURE 2.0

Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

Second Circuit Revives Participant Challenge to IBM Pension Plan Mortality Assumptions (PDF)

U.S. Court of Appeals for the Second Circuit

Risk Transfer Litigation: On the Same Facts, Two District Courts Reach Opposite Conclusions

October Three Consulting

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

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