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Retirement Plans Newsletter

December 5, 2022

[Guidance Overview]

IRS Opens Determination Letter Program to Individually Designed 403(b) Plans

"In addition to the protection against audit risk, the market may begin to expect that a 403(b) plan has a favorable determination letter. While determination letters are not technically required, auditors, investment managers, and transaction partners often request favorable determination letters as part of their diligence process."   MORE >>

Proskauer

Second Circuit Vacates ERISA Class Certification in TIAA Suit

"The Second Circuit agreed with TIAA that the district erred when it found that common issues predominated over individual issues without addressing the effect of the Section 408 exemptions (affirmative defenses) on liability classwide and without addressing TIAA's claimed variations among the loans." [ Haley v. TIAA , No. 21-805 (2d Cir. Dec. 1, 2022)]   MORE >>

Roberts Disability Law

Exceptional Usefulness and Quality icon 2022 End of Year Plan Sponsor 'To Do' List: Qualified Retirement Plans

"[This article] covers qualified plan issues ... [and] provides you with a 'To Do' List of items on which you may want to take action before the end of 2022 or in early 2023."   MORE >>

Snell & Wilmer

Wait, SECURE 2.0 Might Not Pass?

"Senator Ben Cardin, D-Maryland, expressed concern that the SECURE 2.0 retirement reform legislation might not pass this year ... Though Cardin said he was 'optimistic' that SECURE 2.0 would pass and that there is no 'controversy on substance,' he expressed misgivings that there would be enough time for the legislative package to pass both chambers of Congress before the next Congress is sworn in on January 3, 2023."   MORE >>

planadviser

Georgia, Wyoming Closing in on Best Interest Standard

"Georgia and Wyoming are poised to adopt a model investor protection regulation ... that applies when producers recommend annuities to their clients. If adopted by Georgia and Wyoming, it will bring the number of states to adopt the model regulation to 31. Similar proposals are currently pending in Illinois, Massachusetts, Nevada, Tennessee, Utah, and West Virginia."   MORE >>

Insured Retirement Institute [IRI]

Pension Finance Update, November 2022

"Pension finances were mixed in November, as lower interest rates offset the impact of higher stock markets. Both model plans ... were close to even last month: Plan A lost less than 1% last month but remains up almost 10% for the year, while the more conservative Plan B gained less than 1% last month and is now up less than 1% through the first eleven months of 2022."   MORE >>

October Three Consulting

Morgan Stanley Expands Robo-Advising Tech with Blooom Purchase

"Morgan Stanley grows its retirement offering with purchase of 401(k) robo-adviser Blooom's technology. Former Blooom customers are back in the hands of their recordkeepers."   MORE >>

PLANSPONSOR; free registration may be required

Benefits in General

[Official Guidance]

IRS Disaster Relief Announcement NY-2022-08, for Severe Winter Storm and Snowstorm in New York

"Victims of New York severe winter storm and snowstorm beginning November 18, 2022, now have until March 15, 2023, to file various individual and business tax returns and make tax payments, ... [I]ndividuals and households affected by the severe winter storm and snowstorm that reside or have a business in Cattaraugus, Chautauqua, Erie, Genesee, Jefferson, Lewis, Niagara, Oneida, Oswego, St. Lawrence, and Wyoming counties qualify for tax relief."   MORE >>

Internal Revenue Service [IRS]

Executive Compensation and Nonqualified Plans

[Guidance Overview]

Upcoming Deadline icon Reminder: Employers Must Report 2022 ISO and ESPP Transactions (PDF)

"Form 3921 is used to report ISO exercises, and Form 3922 is used for ESPP share purchases. A separate form must be provided and filed for each exercise or purchase during the calendar year.... The deadline for furnishing Copy B of Forms 3921 and 3922 to the employee or former employee for ISO exercises or ESPP shares purchased during 2022 is January 31, 2023."   MORE >>

Latham & Watkins

Employee Benefits Jobs

View job as Retirement Plan Administrator
            for Nicholas Pension Consultants

Retirement Plan Administrator

Nicholas Pension Consultants

Remote / Corona CA / Rancho Cordova CA

View job as Retirement Plan Administrator for Nicholas Pension Consultants

View job as Pension Compliance Administrator
            for Associated Pension Consultants

Pension Compliance Administrator

Associated Pension Consultants

Remote

View job as Pension Compliance Administrator for Associated Pension Consultants

View job as Internal Wholesaler
            for U.S. Retirement & Benefits Partners

Internal Wholesaler

U.S. Retirement & Benefits Partners

Remote

View job as Internal Wholesaler for U.S. Retirement & Benefits Partners

View job as Retirement Plan Documents Specialist
            for Loren D. Stark Company

Retirement Plan Documents Specialist

Loren D. Stark Company

Remote

View job as Retirement Plan Documents Specialist for Loren D. Stark Company

View job as ESOP Administrator
            for Apex Pension Strategies, Inc.

ESOP Administrator

Apex Pension Strategies, Inc.

Remote

View job as ESOP Administrator for Apex Pension Strategies, Inc.

View job as ESOP Consultant
            for FuturePlan, by Ascensus

ESOP Consultant

FuturePlan, by Ascensus

Remote

View job as ESOP Consultant for FuturePlan, by Ascensus

Selected New Discussions

What Is Purpose of Age 65 'Normal Retirement Age' When In-Service Withdrawals Permitted at 59-1/2?

"What is the purpose of Normal Retirement Age in the plan document? There is a section that specifies in-service distributions can begin at 59.5 but then there is another section specifying that normal retirement age is 65. What benefits must start at 65? This does not mean that they have to start taking RMD's at age 65, correct?"

BenefitsLink Message Boards

Recovery of Part of Funds Stolen from IRA -- Considered a Contribution?

"A client had approximately $60,000 worth of Bitcoin in their Roth IRA that was stolen through a hack on one of the crypto exchanges. They believe they are going to receive a settlement check (unsure of the amount) from a lawsuit. Client wants 100% of the proceeds to go back into the Roth IRA. I believe this would be permissible and would not be considered a contribution for the year. Agree?"

BenefitsLink Message Boards

Webcasts and Conferences(Retirement Plans / Executive Compensation)

First Look: A Fiduciary-Focused Framework for Retirement Income Solutions

December 15, 2022 WEBCAST

Broadridge Retirement Income Consortium

Plan Administrators’ 2022 Year-End Checklist

December 2, 2023 WEBCAST

Williams Mullen

Last Issue's Most Popular Items

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

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