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Retirement Plans Newsletter

May 19, 2025

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[Guidance Overview]

Society of Actuaries Publishes Final Public Plans Mortality Tables

"These tables replace the previously published Pub-2010 tables from 2019, with the SOA planning updates approximately every five years.... Except for male public safety members, the final Pub-2016 tables generally result in lower present values, especially at older ages."  MORE >>

Milliman

[Guidance Overview]

2025 1099-Q Has Been Updated for 529-to-Roth [VIDEO]

"The IRS has issued the 2025 version of IRS Form 1099-Q. Among other things, IRS Form 1099-Q is used to report rollovers via trustee-to-trustee transfers from 529 plans to Roth IRAs. The 529 to Roth IRA provision was introduced on the Secure Act 2.0, effective for 2024, but allowing for carry-back contributions to be made for 2023."  MORE >>

Denise Appleby

What Is an Improper Use of Forfeiture Case Worth? Intuit Settlement Provides Perspective

"From a plaintiff's perspective, each of the impacted participants will receive a minimum of $10 (and possibly more), and the plaintiff's attorneys will receive up to $665,000 for their efforts. These amounts are the reward after proposing a new legal theory on forfeitures, successfully defending that theory in a motion to dismiss, undertaking discovery, and three months of negotiation. While this result can be viewed as a success, it is a modest one." [Rodriguez v. Intuit, No. 23-5053 (N.D. Calif. motion for settlement filed May 16, 2025)]  MORE >>

Morris, Manning & Martin, LLP

Ex-Employees Sue UnitedHealth for Alleged Misuse of Forfeitures

"From 2019 to 2023, the UHG plan committee used the forfeiture fund 'exclusively' to pay the company match, plaintiffs allege. Every dollar that was not distributed among plan participants meant the loss of future investment earnings as well, the lawsuit notes. Plaintiffs calculate their total loss at $25.6 million through 2024, according to the lawsuit." [Kotalik v. UnitedHealth Group Inc., No. 25-1751 (D. Minn. complaint filed Apr. 28, 2025)]  MORE >>

InsuranceNewsNet.com

Retirement Savings to Retirement Income: 401(k) Participant Perspectives (PDF)

18 pages. "The vast majority of 401(k) participants (87%) think employers have a responsibility to help employees achieve retirement income security.... 93% of participants think it's important for 401(k) plans to provide a way to convert savings into consistent monthly retirement income for life, and 43% think it's very important."  MORE >>

TIAA

Many Small Business Owners Aren't Saving for Retirement

"[O]ne in five small business owners admit to having nothing saved for retirement, and the majority have saved less than $50,000. Perhaps some are counting on proceeds from the eventual sale of their business to help fund their retirement, but the survey ... also found one in three believe they will never be able to retire."  MORE >>

401(k) Specialist

American Benefits Council Proposes New Ways to Use Retirement Surpluses to Boost Benefits, Raise Revenue

"The American Benefits Council has proposed changes that would reshape how employers use otherwise unusable surplus assets in retirement plans ... Citing the rise in interest rates since the end of the COVID-19 pandemic, a rise which resulted in increased funded levels for the 100 largest corporate pension plans and a surplus of at least $62 billion in pension assets in the U.S. as of December 2024, ... the ABC's plans would avoid 'a material incentive to terminate' pension funds."  MORE >>

PLANSPONSOR; login may be may be required

Navigating Market Volatility in DB Plans

"There's no single de-risking blueprint for every DB plan, but it will likely include some level of customization that can: [1] Reflect the plan's specific funded status. [2] Consider participant demographics and expected benefit payouts. [3] Align asset duration with liability characteristics. [4] Account for broader business and risk tolerance."  MORE >>

Principal Financial Group

DOL Secretary Praises ESOPs and Promises Support

"Referring to complaints by some in the ESOP community regarding how the [DOL] has conducted its regulatory oversight of ESOPs, [Secretary of Labor Lori Chavez-DeRemer] commented that 'we're here to undo the culture of harassment.... I understand how poor regulation and misguided agency agendas can directly impact business success.. .. It is my mission to support you, not regulate you into oblivion.' "  MORE >>

National Center for Employee Ownership [NCEO]

[Opinion]

Pizarro v. Home Depot and the Future of ERISA Litigation

"SCOTUS needs to officially establish that the burden of proof in ERISA cases shifts to the plan sponsor once the plaintiff plausibly pleads both a fiduciary breach and a resulting loss. Why? Because ... based on forensic analysis, [the author believes] that in the overwhelming majority [of] ERISA cases, plan sponsors will not be able to carry that burden." [Pizarro v. Home Depot, No. 22-13643 (11th Cir. Aug. 2, 2024; cert. pet. filed Dec. 3, 2024; Solicitor General brief requested Apr. 21, 2025)]  MORE >>

The Prudent Investment Adviser Rules

Benefits in General

Plan Sponsors Favor Employee Choice Programs

"A private letter ruling last September agreed with a company's request to allow employees to choose to allocation of a portion of its discretionary employer 401(k) contribution to another tax-favored vehicle (HRA, HSA, student loan program).... While about a third of respondents don't like this idea and don't think its something their company would adopt, 42 percent think it's a good idea but have some concerns while 13 percent think it's a great idea."  MORE >>

Plan Sponsor Council of America [PSCA]

Executive Compensation and Nonqualified Plans

Is Simplification in the Works for SEC's Executive Compensation Rules?

"The SEC announced [May 16] that it will host a roundtable on June 26, 2025, to discuss executive compensation disclosure requirements.... The nine questions posed by Chairman Atkins pretty much cover the waterfront on the patchwork of disclosure requirements implemented by the SEC over the years."  MORE >>

Dodd-Frank.com

Selected New Discussions

Extend Vesting at Layoff That Doesn't Create Partial Termination

"Employer sponsors a QACA with discretionary match. There will be some layoffs at the end of the month. The layoffs will NOT result in a partial termination. Client wants to vest this group 100% regardless of their current vesting%. Question: Can the plan draft an amendment that will allow the participants in this layoff group to vest 100%?"

BenefitsLink Message Boards

NQDC Payouts Reported on 1099 Instead of W-2 for Prior Years

"A client has been paying out employee deferrals from a NQDC Plan and reporting them on Form 1099 for years. The client will correct this going forward and start reporting on W-[2] However, do we need to go back an correct for previous years when they used 1099? If so, how far back do we need to go? Unfortunately, I don't know at this time if FICA was ever accounted for."

BenefitsLink Message Boards

Webcasts and Conferences
(Retirement Plans / Executive Compensation)

It's Complicated: How Company Mergers Impact Retirement Plans (and What to Do About It)

RECORDED

National Association of Plan Advisors [NAPA]

Benefits Boot Camp

June 12, 2025 in OH

Worldwide Employee Benefits Network [WEB] - Northeast Ohio Chapter

Last Issue's Most Popular Items

The One, Big, Beautiful Bill: Benefits-Related Provisions as of May 15

Eversheds Sutherland

What Exactly Do TPAs Do? A Guide for CPAs and Plan Sponsors

Spectrum Consultants

How Much Do Companies Typically Match on 401(k) Contributions?

Ubiquity Retirement + Savings

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

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