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Retirement Plans Newsletter

May 22, 2025

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[Guidance Overview]

New Voluntary Fiduciary Correction Program: Sometimes, Voluntary Can Feel Mandatory

"SCC-eligible sponsors can now officially use the DOL calculator to compute lost earnings, but the new SCC added an online submission and other paperwork to employers who used to self-correct without telling the government. However, for employers who filed under VFCP and are now eligible for SCC, the Department estimates that the SCC will streamline the process for 73 percent of small and large VFC cases involving Lost Earnings less than or equal to $1,000."  MORE >>

Belfint Lyons Shuman

[Sponsor]

100% Web Access For All ASC Software Products

Recordkeeping, Plan Documents, 5500s and more! All Web Access and All Integrated! Plus, on-prem option for heavy calculation products like compliance testing. The choice is yours. Learn more today!

Sponsored by ASC

Common Mistakes and Practical Advice When Acquiring a Company with a 401(k) Plan

"Common mistakes: ... [1] Seller cannot locate key plan documents, including all required amendments. [2] Seller previously acquired companies with 401(k) plans, but did not properly deal with these plans ... [3] Seller provides incomplete non-discrimination test results ... [4] Seller's 401(k) plan trustees or other authorized decision makers for the plan will not be around post-closing. [5] Seller's 401(k) plan has operational or other compliance problems ... but these issues cannot be fixed pre-closing."  MORE >>

Foley & Lardner LLP

What to Know About Proposed 'MAGA' Accounts

"[T]ucked inside the massive tax package is the creation of a different kind of investment savings account that promotes financial security for American children.... The Money Account for Growth and Advancement accounts, often shortened to MAGA accounts ... would allow parents to open, starting in 2026, special trust accounts for children under the age of 8."  MORE >>

PLANSPONSOR; login may be may be required

Powers of Attorney and the Protection of Retirement Plan Benefits

"[E]ach state differs in the requirements of a valid POA ... Even if a POA appears validly executed and currently effective, because POAs vary widely in scope and authority, the POA may not necessarily grant an agent powers over retirement plans.... Although a POA may validly grant the agent authority over retirement plans, these powers are not without limits."  MORE >>

Reinhart Boerner Van Deuren s.c.

Retirement Expectations vs. Reality

"[T]hree key gaps that exist when it comes to retirement expectations ... [1] People tend to retire early (about three years, on average). [2] Retirement tends to happen more suddenly than expected (more like a waterfall than a glide path). [3] The actual odds of working during retirement are a lot lower than expected (75% expect to work, but only about 30% do so) Collectively, these three gaps can have significant (negative) financial implications on retirement outcomes if they aren't considered[.]"  MORE >>

Kiplinger

Executive Compensation and Nonqualified Plans

[Guidance Overview]

Clawback Enforcement Under SEC Rule 10D-1

"While most companies completed policy adoption and disclosures in 2023-2024, Rule 10D-1 now enters its enforcement phase. This makes 2025 a critical juncture for governance readiness and ensuring that compensation committees, legal, finance, and human resources teams are fully prepared to implement clawback policies in the event of a financial restatement."  MORE >>

Nelson Mullins

Tricky Compliance Issues for Companies When an Executive Terminates Employment: Executive Severance Plans

"This article discusses what constitutes an ERISA-governed executive severance plan, what an ERISA-governed severance plan requires from the plan administrator, and why you may want your plan to be governed by ERISA."  MORE >>

Foley & Lardner LLP

Maximize Nonqualified Plans with Corporate-Owned Life Insurance

"Many companies that offer NQDC plans for their highly compensated employees choose to fund these plans with COLI to hedge their deferred compensation liability and to reduce some of the statement volatility associated with other funding vehicles, including mutual funds. Over the long-term, COLI programs can help increase benefit security and help reduce overall plan costs, potentially delivering more value to participants."  MORE >>

Ascensus

Study of PSUs Sees Higher Pay, Lower Performance

"New research ... finds that relative total shareholder return is lower and compensation higher among S&P 1500 firms that award performance share units (PSUs) versus time-based equity awards, i.e., restricted stock units (RSUs) and stock options."  MORE >>

Farient Advisors

Selected New Discussions

Handling Distributions via Power of Attorney

"Doctor owned a small medical practice for many years and has a 401k. His wife worked for him. Both have balances in their 401k plan. Doctor now has a serious medical condition and closed the practice.... The wife ... may have had a mental breakdown.... If the daughter now has a power of attorney for both doctor and wife, can any 401k distributions proceed via the POA signing by the daughter, as employer, trustee, and participant (Wife)?"

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Press Releases

Congruent Solutions Partners with Finch to Deliver Seamless Payroll and HRIS Integrations for Retirement Providers via CORE Platform

Congruent

Last Issue's Most Popular Items

Participant-Plaintiff Hit with Costs in Excessive Fee Suit

American Retirement Association [ARA]

House Lawmakers Fix Glitch in Tax Bill That Would Have Hurt Retirement Plans

Pensions & Investments

Why Judicial Review Standards Matter in ERISA Claims

DeBofsky Law

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

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