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[Guidance Overview]

"[California employers] with five or more employees must participate in CalSavers if they do not already have a workplace retirement plan. Employers that do sponsor their own retirement plan must register their exemption from the state mandate.... [Oregon businesses] that do not offer a qualified retirement plan and are currently issuing payroll are required to implement the OregonSaves program.... Oregonian employers that sponsor a qualified retirement plan don't have to participate in the program but must certify their exemption and renew it every three years." 

Retirement Learning Center, LLC

"Consistent with the TCJA provision and the proposed regulations, the final regulations extend the period allowed for a qualified plan loan offset amount received by a participant to be contributed to an eligible retirement plan or an IRA as a rollover contribution from the normal 60 days period to the due date, including extensions, for filing the individual's federal income tax return for the tax year in which the loan offset occurs." 

EisnerAmper

"[O]ne to-do list item that should be a given following a breach like this is to revisit the procurement process for selecting service providers, update it as needed to make sure it appropriately addresses cybersecurity risks, and ensure it is prudently implemented.... When considering a plan service provider's level of cybersecurity, there are a number of steps plan sponsors and administrators can take to prudently assess the data privacy and security capabilities of potential plan service providers." 

Jackson Lewis P.C.

[Opinion]

"[T]he DOL has confirmed that a financial professional cannot simply write their way out of a functional fiduciary relationship.... Under the new framework, written statements disclaiming a mutual understanding or forbidding reliance on the advice as a primary basis for investment decisions are not determinative ... However, such statements are likely going to be relevant to the determination of whether a mutual understanding exists." 

planadviser

[Opinion]

"There are two reasons that multiemployer pensions have to be addressed: [1] The federal government partially created the problem [2] Central States Teamsters plan, which has hundreds of thousands of participants, is going to fail in a few years and take down all MEP backing in the PBGC.... This is going to be the first really large private-sector retirement issue, before we hit the end of the Social Security Trust Fund or a large public pension fund running out of assets." 

STUMP

[Opinion]

"401(k)s aren't all created equal, and using a bad one to save for your retirement could make your job a lot more difficult. Different types of retirement accounts have different strengths and weaknesses, so it helps to have more than one. Here's a closer look at some of the ways you might be shortchanging yourself if you're only using a 401(k)." 

Fox Business

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"I have a plan that's just a husband and wife. They want to move to a Cash Balance/Profit Sharing combination. For contribution deductibility, do we have to integrate the plans (meaning if the Cash Balance is more than 25% of the eligible compensation, you are limited to 6% in the Profit Sharing)? Or can the plans not be integrated, allowing the full $57k in the Profit Sharing as well as the contribution in the Cash Balance?" 

BenefitsLink Message Boards

"To all -- wishing you happy holidays and a healthy new year. These message boards have been a wealth of information, with many different contributors sharing their knowledge and experiences. Thank you all!" 

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Most Popular Items in the Previous Issue

Text of IRS Notice 2021-03: Extension of Temporary Relief from the Physical Presence Requirement for Spousal Consents Under Qualified Retirement Plans (PDF) Internal Revenue Service [IRS]

Year-End Appropriations and COVID-19 Relief Legislation Includes Many Employee Benefit Plan Provisions Thomson Reuters / EBIA

An Outline of Important Provisions in the SECURE ACT (PDF) PASI