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Retirement Plans Newsletter

May 1, 2025

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💼  2 New Job Opportunities

 

[Official Guidance]

Text of Instructions for IRS Form 5310: Application for Determination for Terminating Plan (PDF)

Rev. Apr. 2025. "What's New: The form and the instructions have been updated to include additional information regarding Employee Stock Ownership Plans (ESOPs)."  MORE >>

Internal Revenue Service [IRS]

[Sponsor]

The Impact of AI on Employee Benefits - May 13 Webinar

Understand the benefits of using AI in the benefits arena, financial and physical impacts AI can have on organizations and employees, and how to recognize and limit potential risks and liabilities associated with AI tools. Register now.

Sponsored by Worldwide Employee Benefits Network [WEB]

[Guidance Overview]

Q&As from 2024 PBGC Meeting with ABA Joint Committee on Employee Benefits (PDF)

Topics include: [1] Reportable Events Experience. [2] Standard Termination Audit Experience. [3] De-Risking. [4] Missing Participants Program Experience. [5] SFA Program. [6] Regulatory Agenda. [7] Premiums.  MORE >>

Joint Committee on Employee Benefits [JCEB], American Bar Association

[Guidance Overview]

Highlights of 2024 PBGC Meeting with ABA's Joint Committee on Employee Benefits

"PBGC staff reported that it received fewer reportable event notices in Fiscal Year 2023 (ending Sept. 30, 2023) than in any prior year ... PBGC staff addressed common errors detected in standard termination audits ... PBGC continues to receive Missing Participants Program filings at a steady pace.... PBGC has approved SFA payments to 72 plans in the amount of approximately $53.9 billion, and that there are currently 20 applications under review with requests totaling $14.3 billion."  MORE >>

The Wagner Law Group

[Guidance Overview]

Timeliness of Employee Deferral Deposits -- and What Happens When They're Late

"The DOL has provided some certainty for small plans: under a safe harbor, the deposit of deferrals within seven days will be considered timely ... Pension professionals who service large plans [those with 100 accounts or more] are put in a position to interpret 'earliest' and 'reasonably' as they apply to each client's circumstances.... Whether the plan sponsor and its service providers are enforcing a 3-day, 7-day, or some other version of 'My best should be good enough', remittances that are determined to be late must be corrected."  MORE >>

Belfint Lyons Shuman

[Guidance Overview]

DOL Updates Voluntary Fiduciary Correction Program to Add a New Self-Correction Option (PDF)

"[F]or plan sponsors seeking to correct delinquent payments to retirement plans, the new SCC program can only be used if lost earnings do not exceed $1,000 per payroll period and the delinquent payments have been remitted to the plan within 180 days. As such, large plans may not be able to benefit from using the SCC rather than a full VFCP application[.]"  MORE >>

Roberts & Holland LLP

How Companies with Frozen, Overfunded Pensions Approach the Future

"Corporate plan sponsors have increasingly turned to the pension risk transfer market to de-risk their plans, offloading the responsibility to pay for retiree benefits to an insurer. PRT volumes have never been higher. According to Aon, 2024 was another record year, with $51.8 billion in PRT volume across 785 transactions. Termination of a plan is still the ultimate end of most plans in surplus."  MORE >>

Chief Investment Officer [CIO]

2023 Asset Allocations in Fortune 1000 Pension Plans

"This analysis looks at pension plan allocations by plan size, status and funding. It also examines the link between risk reduction and allocations and tracks trends over time."  MORE >>

Willis Towers Watson

Federal Employee Pension Benefit Reform Clears House Oversight Committee

"The package advanced by the committee [on April 30] calls for hiking the required pension contribution for federal employees to 4.4 percent of salary, while cutting a benefit for leaving the workforce before age 62."  MORE >>

Politico

Nevada Joins Interstate Auto-IRA Consortium Led by Colorado Treasury

"Nevada has joined Colorado's interstate alliance of state-facilitated auto-IRA programs designed to help private sector workers whose employers do not provide retirement plans save for retirement ... [T]he partnership now includes five states -- Colorado, Delaware, Maine, Nevada and Vermont -- representing nearly $130 million in assets under management, according to the release."  MORE >>

PLANSPONSOR; login may be may be required

A Simple Plan to Address Social Security Insolvency

"[The authors] present a framework in which monthly benefits in 2033 would be capped at $2,050 (in 2024 dollars), an amount that would provide full scheduled benefits for roughly half of retirees; benefit reductions for the remaining, higher-income, half of retirees would be progressive. This framework would prevent any increase in the elderly poverty rate due to Social Security's insolvency and approximately 80 percent of beneficiaries would receive a smaller benefit reduction than had every retiree been subjected to an across-the-board cut.... Because [this] framework could be implemented under existing law, it also provides a reasonable starting point for negotiations over long-term Social Security reforms."  MORE >>

Andrew G. Biggs and Kristin Shapiro, via SSRN

[Opinion]

When a TPA's EA Goes MIA

"When an EA vanishes suddenly it could be a nightmare for everyone, including the new EA.... The main lesson ... is not to be rushed no matter how many status-checking emails the TPA sends. Takeover plans take longer to get up to speed on and the more time you invest initially the less time you will need to spend later in possibly having to fix mistakes (some of which may be your own)."  MORE >>

Burypensions

Benefits in General

[Official Guidance]

IRS Disaster Relief Notice VA-2025-03, for Taxpayers Impacted by Severe Winter Storms and Flooding in Virginia

"[I]ndividuals and businesses in parts of Virginia affected by severe winter storms and flooding that began on Feb. 10, 2025 ... now have until Nov. 3, 2025, to file various federal individual and business tax returns and make tax payments.... [I]ndividuals and households that reside or have a business in Amelia, Appomattox, Bedford, Bland, and Botetourt counties; the City of Bristol; and Buchanan, Buckingham, Campbell, Carroll, Charlotte, Craig, Cumberland, Dickenson, Floyd, Franklin, Giles, Grayson, Halifax, Lee, Lunenburg, Montgomery, Nottoway, Page, Pittsylvania, Powhatan, Prince Edward, Pulaski, Rockingham, Russell, Scott, Smyth, Tazewell, Washington, Wise, and Wythe Counties qualify for tax relief."  MORE >>

Internal Revenue Service [IRS]

Popular Benefits-Related Tax Provisions May be Targeted to Raise Revenue for Federal Tax Cuts

"Some of the largest tax expenditures found in the Internal Revenue Code provide tax-favored treatment for a variety of popular employee benefit programs. As such, reductions, caps or elimination of these provisions are often mentioned as potential revenue offset candidates to help pay for tax cuts in other areas."  MORE >>

The Wagner Law Group

Executive Compensation and Nonqualified Plans

Winning Top Talent in Privately Held Businesses with Phantom Equity Plans

"While many owners of privately held businesses ... want to encourage key employees to 'think like shareholders,' they are reluctant to (or simply cannot) grant true equity interests to key employees.... [T]he answer for those privately held businesses that do offer an LTIP is a 'phantom' or 'synthetic' equity arrangement such as a Phantom Stock or Stock Appreciation Rights Plan. While each of these plan structures has certain advantages in specific situations, EBS has found the Performance Units Plan (PUP) format to be most flexible and effective in encouraging key employees to think and act like shareholders."  MORE >>

Executive Benefit Solutions

Employee Benefits Jobs

💼

Lead Payroll Coordinator

Alerus

Remote

View job as Lead Payroll Coordinator for Alerus

💼

Lead Business Systems Specialist - Retirement Plans

Ameritas

Remote / Lincoln NE

View job as Lead Business Systems Specialist - Retirement Plans for Ameritas

Selected New Discussions

Proof of Death of Participant

"We have a participant who died, his wife beneficiary was injured in the car accident as well and has medical bills so she is in a big hurry to get his account which is $100,000+.... We asked for the death certificate but was told it would not be available for 12 weeks. The record keeping platform does not require a copy. I see 2 options: -- Ask the plan sponsor owner to confirm that the participant died and then we rely on his direction -- or wait it out and require the death certificate."

BenefitsLink Message Boards

Fund Remittance: Employer Contribution After Sale of Business

"An employer sold to a new entity and shut down their business checking account prior to payment of final employer SHNE and PS contributions. TPA was notified last month and has the plan terminating in 60 days. I am not aware of how an employer contribution would be funded by anything other than the business account. They want to use their personal account, but I am fairly certain this is not an option. Any advice for remittance of the funds?"

BenefitsLink Message Boards

Press Releases

Ascensus Announces New Partnership with Janusea to Revolutionize IRA and HSA Administration

Ascensus

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

Pension Risk Transfer: Market Stability, Regulation, and Future Outlook

May 13, 2025 WEBINAR

Berwyn Group

ERISA Plans as Primary Targets: Protecting Nest Eggs from Cyber Crime

May 15, 2025 in CA

Western Pension & Benefits Council - Orange County Chapter

Virtual Compliance and Education Summit

June 10, 2025 WEBINAR

Ascensus

Last Issue's Most Popular Items

ERISA and Bankruptcy: Conflict or Harmony?

The Wagner Law Group

IRS Employee Plans News, April 29, 2025

Internal Revenue Service [IRS]

How Employee Benefit Plan Sponsors Benefit from SOC Reports

Moss Adams LLP

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

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