Retirement Plans Newsletter

July 3, 2018

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[Guidance Overview]

PBGC Changes How It Announces Disaster Relief

"The PBGC's announcement assures filers that the PBGC will grant disaster relief when, where, and for the same relief period that the IRS grants tax relief for taxpayers affected by a disaster ... except for certain exceptions detailed in the announcement. Filers will not have to wait for the PBGC to separately issue disaster relief."
Thomson Reuters Practical Law

[Advert.]

ASC Webcast: Learn How to Help Your Clients When They Need You Most!

Sponsored by ASC

John Griffin, J.D., LL.M., will cover the challenges and solutions pertaining to plan loans, hardships and other in-service distributions. Also learn of recent legislative changes affecting plan loans and hardship withdrawals. Register Now!


Do Young Adults with Student Debt Save Less for Retirement? (PDF)

"On the participation side, student debt appears to have little effect ... On the accumulation side, ... student debt does appear to affect the graduate group -- those with debt have much lower 401(k) assets by age 30 than those without debt. This result holds whether the loans are large or small, suggesting that the presence of the loan may be more important than the size of the payments." Center for Retirement Research at Boston College

Revisiting the Business Owner's Traditional Retirement Formula with a Cash Balance Plan

"A cash balance plan needs to be under constant management and monitoring and requires an actuary to determine contribution levels. These plans must follow the fiduciary, funding and permanence rules of ERISA and the tax code, just like profit-sharing and other qualified plans. The plan trustees need to make sure they are acting with prudence and for the exclusive benefit of participants in decisions regarding the plan." Forbes

Top Fiduciary Questions to Ask Your Plan's Financial Professional

"How do I protect myself from being sued due to my position as a fiduciary on the 401k? ... What is a fiduciary, and how do you know if your advisor will fulfill that role? ... How does automated investing fit in with the traditional advisory model? ... . Who does our investment professional represent? ... What is this product's true track record over the long run? ... What exactly is a financial 'conflict of interest'? ... How do you get paid?" Fiduciary News

Plan Committee Lessons from the Second Continental Congress

"Inertia is a powerful force.... Selection of committee members is crucial.... Know that there are risks.... It's important to put it in writing.... Actions can speak louder than words." National Association of Plan Advisors [NAPA]

How Social Security Benefits Are Computed: In Brief (PDF)

11 pages. "Social Security is of ongoing interest both because of its role in supporting a large portion of the population and because of its long-term financial imbalance, and policy makers have considered numerous proposals to change its benefit computation rules. The Social Security benefits that are paid to worker beneficiaries and to workers' dependents and survivors are based on workers' past earnings." [Report R43542, June 28, 2018] Congressional Research Service [CRS]

How to Use Income Tax Withholding on IRA Distributions, and When Not To

"Using withholding saves the trouble of sending a payment to the IRS yourself.... Withheld tax is treated as if it is paid at an even rate over the year even if in fact it is all paid just before year-end. This means that withholding on an IRA distribution taken just before year-end can be used to retroactively escape underpayment penalties on earlier missed quarterly estimated payments.... Quarterly payments and withholding can be used together." Slott Report

Genstar, Aquiline Mull Sale of Retirement Plan Administrator Ascensus

"Private equity firms have been eager to buy retirement services providers, which are often ripe for technological innovation and poised to benefit from an aging population. The industry is also dense with small players, creating an opportunity to grow through acquisitions." ThinkAdvisor

Executive Compensationand Nonqualified Plans

Unique 162(m) Considerations for Financial Institutions

"One [strategy is] a voluntary or automatic deferral of restricted stock units (RSUs) or the payout of short-term incentive plan payments in the form of deferred RSUs. The deferral would essentially convert the RSUs into a promise to distribute shares of the company's stock in the future, generally after the executive's retirement or other employment termination. After termination, the distribution of the stock could be spread over a period of years, in an effort to create distributions/payouts less than $1 million per year, which should be deductible." Winston & Strawn LLP

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David Rhett Baker, J.D., Editor and Publisher
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BenefitsLink Retirement Plans Newsletter, ISSN no. 1536-9587. Copyright 2018 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.

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