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Retirement Plans Newsletter

April 11, 2025

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💼  4 New Job Opportunities

 

[Official Guidance]

Text of IRS Request for Comments on Form 5310, Application for Determination for Terminating Plan, Distributable Benefits from Employee Pension Benefit Plans

"The IRS is soliciting comments concerning Form 5310 is used to request an IRS determination letter about the plan's qualification status qualified or nonqualified under Code section 401(a). Any plan sponsor or administrator of any pension, profit-sharing, or other deferred compensation plan (other than a multi-employer plan covered under [PBGC] insurance) may use this form. Form 6088 is used to show the amounts of distributable benefits to participants in the plan."  MORE >>

Internal Revenue Service [IRS]

The DOL Lost and Found Database Is Live

"Missing participants remain a focus area on audit for the DOL and the IRS. While using the database is voluntary, it may provide plan sponsors with additional evidence that they have met their fiduciary duty to make a reasonable effort to locate retirement plan participants who may be eligible for a benefit."  MORE >>

Bricker Graydon

The Rising Popularity of Roth 401(k)s: What Plan Sponsors Need to Know

"The most obvious benefit is tax-free growth and withdrawals in retirement, which can be especially powerful over long time horizons.... Employees in higher tax brackets today may be better served by deferring taxes through traditional contributions, especially if they expect to be in a lower tax bracket in retirement. Roth contributions also reduce take-home pay since taxes are paid immediately, which may discourage participation."  MORE >>

Savant

Facts About Pooled Employer Plans That Could Change Your Retirement Outlook

"[1] PEPs work much like traditional 401(k) plans ... [2] PEPs are available for 403(b) plans, too ... [3] PEPs are simpler for employers than traditional 401(k) plans ... [4] PEPs reduce the employer's liability ... [5] Employers may get a tax break for enrolling in a PEP."  MORE >>

Investopedia

The Quant and the Enduring Value of Insurer Ratings for Fiduciary Assessments

"Though the state laws may establish minimums, insurers may establish greater reserves in order to obtain higher ratings. The end result of this condition ... calls for an effort (aside from the assessment of the design of any DC lifetime income program) to understand whether the cost of any high rating of an insurer is worth the impact on the 'return' on the policy purchased by the plan.... [Is] there a value difference in utilizing a company with higher rating, and where -- and how -- do you draw the line?"  MORE >>

Business of Benefits

Markets and Tariffs in 2025: What Retirement Investors Should Know

"If you've maintained a diversified portfolio and have been rebalancing consistently, you may be faring better than someone who went all-in on U.S. stocks after the last two years of growth. Rebalancing ensures you're not taking on more risk than you intended -- and that you're potentially taking advantage of lower prices in areas that have dropped."  MORE >>

Guideline

Ides of March for DB Plans

"The funded percentage of the plans four analysts track fell [in March] by between 0.5 percentage points and 2 percentage points.... Experts from two of the firms attributed the drop in funded status they reported in March to drops in asset value and in the equity market."  MORE >>

American Retirement Association [ARA]

What's in a Workplace Retirement Plan?

"Average cost of workplace retirement plans is declining, but variation persists among small employers ... Despite low costs and high-quality investments, money continues to exit the system."  MORE >>

Morningstar

Benefits in General

[Official Guidance]

Text of Presidential Memorandum Directing the Repeal of Unlawful Regulations

"Following the 60-day review period ordered in Executive Order 14219 to identify unlawful and potentially unlawful regulations, agencies shall immediately take steps to effectuate the repeal of any regulation, or the portion of any regulation, that clearly exceeds the agency's statutory authority or is otherwise unlawful. Agencies should give priority to the regulations in conflict with the United States Supreme Court decisions listed earlier in this memorandum. The repeal of each unlawful regulation shall be accompanied by a brief statement of the reasons that the 'good cause' exception applies."  MORE >>

Executive Office of the President

[Official Guidance]

Text of IRS Private Letter Ruling Approving Expansion of Employee Eligibility for Benefits Under Pension Plan's Section 401(h) Retiree Medical Account (PDF)

"Because certain Pension Plan participants will be eligible to receive retirement benefits prior to their separation from employment once they attain age 59½, separation from employment would not be a condition to receiving retirement benefits under the Pension Plan for those participants. Accordingly, the participants covered by the proposed plan amendment who are at least 59½ and still actively employed would not be excluded from being considered eligible to receive retirement benefits under the third sentence of Section 1.401-14(b)(1)."  MORE >>

Internal Revenue Service [IRS]

Avenues for Benefit Plan-Related Relief in Response to the California Wildfires

"Participants in employee benefit plans -- usually employees but sometimes their beneficiaries -- may be eligible for relief through retirement plan distributions, waivers of medical and/or prescription drug requirements, and extensions on tax filing and payment deadlines.... [P]lan sponsors are eligible for relief from some filing and payment deadlines if the plan is impacted by the LA wildfires.  MORE >>

Thompson Hine

Employee Benefits Jobs

💼

AMP Account Manager

Nova 401(k) Associates

Remote

View job as AMP Account Manager for Nova 401(k) Associates

💼

Sr. Retirement Plan Consultant

Compass

Remote / Stratham NH / Hybrid

View job as Sr. Retirement Plan Consultant for Compass

💼

Regional Vice President, Sales

MAP Retirement USA LLC

Remote / MI / OH

View job as Regional Vice President, Sales for MAP Retirement USA LLC

💼

Sr. Plan Administrator

Fully Remote TPA

Remote

Selected New Discussions

RMD for 'Of Counsel' Attorney

"An attorney changed status to 'of counsel' in 2021 when he attained age 70. He attained age 73 in 2024. I think he needed to receive a RMD by April 1, 2025 since he is no longer considered an employee of the law firm. Thoughts?"

BenefitsLink Message Boards

Asset Threshold for 401(k) Plan 5500-EZ Filing: Are Pre-Existing SEP Assets Included?

"Sole-Prop, owner-only client comes in with a 401(k) Plan with a value of $70,000 as of 12/31/2023. They also have a pre-existing SEP valued at $190,000 as of 12/31/2023. Went 'dormant,' and 401(k) was adopted in a later year. 5500-EZ was not filed for 2023.

"If the SEP was established as a formal plan for the business at some prior date and was never formally terminated but simply went dormant, should the value be included in the asset total for determining the $250,000 threshold? 5500-EZ Instructions say the threshold determination includes 'all other one-participant plans maintained by the employer.' I realize we treat a SEP as no longer being 'maintained' when it is no longer receiving contributions, but I'm concerned about the implications in a 5500-EZ situation."

BenefitsLink Message Boards

Safe Harbor Plan and Sale/Acquisition

"Buyer Company A is seeking to buy target Company B. Company B is owned by a larger Company And there are more than 2 401k plans in this controlled group. Buyer Company A sponsors a safe harbor plan And Target Company B sponsors a safe harbor plan. Buyer A does not want to take over this plan they want it terminated before the sale, and then have participants roll over their balance to company plan A. Are there any options to terminate Company B safe harbor plan? The problem I see is that Seller B is part of a controlled group, and the successor alternative plan comes into play -- if Seller B terminates the plan, the termination is not a distributable event since there is another 401k in that controlled group. If they do not terminate the plan before the sale, and Buyer A takes over the plan, the successor 401k plan rule still comes into plan And if Buyer A terminates the plan it is not a distributable event. I see no clear guidance where you can merge a terminated safe harbor mid-year into another safe harbor plan (maybe this is ok?), or that you can distribute assets in a terminated safe harbor plan if there is a successor plan. Any thoughts?"

BenefitsLink Message Boards

Press Releases

HUB International Announces New U.S. Employee Benefits and Retirement and Private Wealth Leadership Appointments

HUB International

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Increasing Influence of Politics on Retirement Plan Fiduciary Decisions

April 11, 2025 WEBINAR

Multnomah Group

Using Technology to Client's Advantage: AI Innovation

April 30, 2025 WEBINAR

Savoy

Taft-Hartley Retirement Plans Lunch and Learn

May 7, 2025 WEBINAR

Kutak Rock LLP

The Fundamentals of ERISA Consulting

May 15, 2025 WEBINAR

Savoy

Last Issue's Most Popular Items

EBSA Now Subject to Early Retirement and Voluntary Resignation Push

American Retirement Association [ARA]

New DOL Guidance for 2024 Annual Funding Notices: What Plan Sponsors Need to Know

Porter Wright Morris & Arthur LLP

Fiduciaries Prevail Due to Participants' 'Apples-to-Oranges' Comparison of Investment Options (PDF)

Thomson Reuters / EBIA

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

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