Retirement Plans Newsletter

October 4, 2018

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Jobs

Senior Pension Administrator - Combo DB/DC Plans
Primark Benefits
Telecommute

Compliance Administrator
Milliman
in MN, TX

Plan Manager
Milliman
in MN, TX

Manager, ESOP
Newport Group
in AL, AZ, CA, FL, IA, IL, MN, NC, NY, OH, TX, VA, WI, Telecommute

Actuary - Retirement Plans
Pension Consultants, Inc.
in MN

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Webcasts, Conferences

Third Party Loans from Retirement Plans
RECORDED
IRS [Internal Revenue Service]

All About Leave: From FMLA Requests to Benefit Plans, with ADA Obstacles in Between
October 12, 2018 in MS
Ogletree Deakins

Retirement Income - Insights From the 2018 Retirement Confidence Survey
October 17, 2018 WEBCAST
EBRI [Employee Benefit Research Institute]

Tax Cuts and Non-qualified Deferred Compensation
October 24, 2018 WEBCAST
PSCA [Plan Sponsor Council of America]

ERISA and the Independent Fiduciary: When and How Plans Should Use Them
November 15, 2018 WEBCAST
Wagner Law Group P.C.

?See 88 Upcoming Webcasts and Conferences

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Discussions

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[Official Guidance]

Text of IRS Fiscal Year 2019 Program Letter (PDF)

9 pages. "[Employee Plans (EP)] will foster compliance through its robust voluntary corrections program, issue informal guidance in the form of Lists of Required Modifications (LRMs) to assist plan sponsors with plan document compliance and continue to update Fix-It Guides to assist with operational compliance. EP also will review input from the qualified plans community on the potential expansion of the scope of the determination letter program for amended individually designed plans as well as the self-correction of plan qualification failures." [Specific EP priorities are found on page 4 , page 6 , and page 7 .]
Internal Revenue Service [IRS]

[Advert.]

P&I DC West Conference | San Diego | Oct 21 - 23

Sponsored by Pensions & Investments

Join leading executives who manage 401(k), 403(b), 457 and TSP plans at DC WEST. You'll learn how other plan sponsors analyze, develop, implement and measure programs for their participants, so you can improve your own plan.


[Guidance Overview]

New EPCRS Procedure: Electronic Submission of VCP and Not a Whole Lot More

"Practitioners who have been hoping that this version of EPCRS would permit problem participant loans to be self-corrected and better identify what constitutes an 'insignificant' error will be disappointed. While acknowledging that these issues are outstanding, the new EPCRS does not address them. The raison d'être for the new procedure is to outline that, beginning in 2019, VCP submissions will be made electronically." Ferenczy Benefits Law Center

The Good and Bad News Regarding the Recent PLR on Student Loan Repayment Assistance Programs

"The retirement plan recordkeeper is unlikely to have the ability to monitor loan repayments, because they occur outside of the retirement plan ... [B]ecause the employer is not the lender, it will also presumably need to collect proof of loan repayments from all loan providers to employees ... [S]omeone will have to enroll employees and track opt-outs." Bloomberg BNA

Handling Late Remittances of Participant Loan Repayments and Elective Deferrals

"[A]re participant contributions at issue? ... [W]hen were these participant contributions segregated from the employer's general assets? ... [Is] the remittance of the participant contributions actually late? This is the trickiest to answer ... If you've determined that late remittances did occur, what do you do to fix it?" Ferenczy Benefits Law Center

Here's Why You Should Conduct a Retirement Plan Recordkeeper RFP

"Recordkeeper pricing has never been more competitive, and in almost all cases the only way you'll obtain a recordkeeper's best pricing is through an RFP process.... [Y]ou can structure your RFP so that time-consuming tasks are taken off HR's plate by the winning bidder, even if the incumbent is the winner! ... [T]he transition to a new recordkeeper, or even an existing one ... can often be a positive experience for employees, if properly communicated." Cammack Retirement Group

[Advert.]

Now is a great time to join Worldwide Employee Benefits Network (WEB)

Sponsored by WEB - Worldwide Employee Benefits Network

Worldwide Employee Benefits Network provides me a forum for education and information exchange with other Benefits Executives. Join today .


Best Interest and Best Practices, Part 4: What Is the Baseline for a Committee to Act in the Best Interest of Its Participants?

"One lesson from this case, independent of the committee actions that saved the day for NYU, is that committees should have formal programs for fiduciary education. The fiduciary education should cover, at the least: Who is a fiduciary and what are the fiduciary responsibilities? How do fiduciaries fulfill those duties in the real world? How do fiduciaries review and examine the advice that they receive? And, how do fiduciaries monitor the costs and compensation related to their service providers and plan investments? That education should be reinforced at least annually, together with updates on current developments. Finally, new committee members should be educated about their roles and responsibilities when they start serving." [ Sacerdote v. New York Univ. , No. 16-6284 (S.D.N.Y. July 31, 2018)]
FredReish.com

JPMorgan Employees Say 401(k) Fee Class Is 300K Strong

"The JPMorgan employees who filed suit in 2017 asked a federal judge ... to certify their case as a class action.... The lawsuit claims JPMorgan and its affiliates profited at the expense of workers' retirement savings by filling the company's 401(k) plan with funds managed by JPMorgan or by affiliated entities like BlackRock Institutional Trust Co." [Beach v. JPMorgan Chase Bank, No. 17-563 (S.D.N.Y., motion for class cert. Oct. 1, 2018)]
Bloomberg BNA

House Acts on Retirement Savings Enhancements; Ball Is Now in Senate's Court

"The most viable path for [ the Family Savings Act ] to become law is to be considered on its own merits by the Senate ... [where similar legislation] was introduced in March in the Retirement Enhancement and Savings Act of 2018 (RESA) ... These Senate and House bills share some key provisions, including ... [1] liberaliz[ing] rules for employers to participate in a common retirement plan with other employers, historically referred to as multiple employer plans, or MEPs; and [2] encourag[ing] use of lifetime income investments in retirement plans."
Ascensus

FASB Changes to Defined Benefit Plan Disclosure Requirements

"The changes are aimed at improving the effectiveness of financial statement disclosures by eliminating the requirement for certain disclosures FASB no longer considers cost beneficial and requiring new disclosures that FASB considers relevant. The board does not anticipate significant cost increases because of the changes, as the information shown in the newly required disclosure should be readily available." Pensions & Investments

Real Assets' Role in Public Pension Portfolios

"Core real assets have hybrid characteristics, providing the opportunity for a stable, volatility-reducing income stream and potential equity-like upside from price appreciation.... [An] allocation addition of core real assets as small as 5% can significantly enhance portfolio outcomes." J.P. Morgan Asset Management

How Does Delayed Retirement Affect Mortality and Health?

"Working longer is associated with lower mortality, depression, and diabetes risk for both men and women ... [D]elayed retirement reduces 5-year mortality rate for men ages 62?65 by 2.4 percentage points, or a 32-percent reduction relative to non-workers.... A 32-percent reduction in mortality increases age-60 life expectancy by about three months if the effect applies only to the ages studied, but longer if the effect is permanent." Center for Retirement Research at Boston College

Selected Discussionson the BenefitsLink Message Boards

Refund of Loan Principal Overpayment -- Where to Report on Form 5500

I'm working on a 2017 Form 5500 for a plan and have a small issue. One participant got a refund of $50 loan principal overpayment in 2017 for a 2016 loan. How do I report the refund? As a benefit payment? BenefitsLink Message Boards

QDRO Procedures for Non-ERISA Plan

Client is a religious organization with both 401(a) and 403(b) plans. Participant terminated employment and requested distribution. It was delayed because of an incorrect address. During the delay period (i.e., after the distribution would have otherwise been made but before it actually was), the plan administrator received a consent order for a pending divorce. Neither the sponsor nor the administrator (which is a MAJOR provider) seems to have any written QDRO procedures for the plans.... it's just been a practice where the administrator generally receives a DRO and the plan administrator approves it. Are the plans in compliance with Code section 414(p)(6)(B)? Should the distribution still be made? BenefitsLink Message Boards

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Press Releases

DOL Litigation Results in Atlanta Trust Company Paying $4.5 Million in Restitution to Employee Stock Ownership Plan Employee Benefits Security Administration [EBSA], U.S. Department of Labor

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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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