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Retirement Plans Newsletter

December 27, 2022

[Guidance Overview]

Exceptional Usefulness and Quality icon SECURE 2.0: A Quick Reference Guide (PDF)

12 pages. "There are 92 provisions and they are almost universally good, with 'good' being defined as 'helpful to the cause of promoting retirement security.' ... [T]he combination of SECURE 1.0 and 2.0 with the growth in state retirement mandates (and a possible future federal mandate) presents us with a toolset that ... will play a major role in spurring a wave of new plan formation among small businesses and rising participation and savings rates across the system."   MORE >>

Group Plan Systems, LLC, via American Retirement Association [ARA]

[Guidance Overview]

Expanding Coverage and Increasing Retirement Savings with the SECURE 2.0 Act

"The Act amends the Internal Revenue Code and [ERISA] in certain key ways ... [This article provides] a brief summary of the provisions that 401(k) and 403(b) retirement plan sponsors should note for plan design and administration purposes[.]"   MORE >>

Mintz

[Guidance Overview]

Congress Opens the Door for the Retirement Program of the Future

"[M]any cash balance plans were designed with graded pay credits, e.g., 3% of pay until age 40, 4% of pay from age 40 to 55, and 5% of pay thereafter. That was perfectly legal, but the Treasury Regulations caused problems in market-return cash balance plans. Now, we have a legislative fix. The statute is clear in allowing those designs that the Regulations didn't."   MORE >>

October Three Consulting

Recent Complaint Emphasizes Sponsor's Need to Monitor Recordkeeping Fees

"The case demonstrates how plan fiduciaries have a duty to continually monitor the fees that plan participants pay whether directly or indirectly ... The complaint provides a blueprint of actions plan fiduciaries should take to be able to defend their actions relating to plan costs." [Hagins v. Knight-Swift Transportation Holdings, Inc., No. 22-1835 (D. Ariz. complaint filed Oct. 26, 2022)]   MORE >>

Murphy Austin

The Downside of Delaying RMDs

"The SECURE 2.0 Act ... aims to make it easier for Americans to save for retirement by, among other things, raising the RMD age to 73 on January 1, 2023, and then to 75 on January 1, 2033. Having three more years of tax-deferred growth in your retirement savings accounts, however, is a mixed bag.... By delaying RMDs, retirees may be forced to make bigger withdrawals from an account that is likely to have a larger balance because it had more time to grow. That can have tax implications."   MORE >>

Kiplinger

ROBS Plan Exit Strategies, Part 2: Tax Effects of Divesting the Plan of Stock Ownership

"The expenses and tax effects of the various paths of ROBS exit are generally outlined [in this article]."   MORE >>

KLB Benefits Law Group

[Opinion]

Here We Go Again with the 4% Rule and 'Safe' Withdrawal Rates

"[This post discusses] the difference between static approaches like the 4% Rule and static Monte Carlo model projections and dynamic approaches like the Actuarial Financial Planner [AFP] or dynamic Monte Carlo projections ... [U]nlike most Monte Carlo models, the AFP provides more flexibility when entering different types of anticipated expenses and different expected increases in those expenses and it permits entering more reasonable spending upon the first death withing a married household."   MORE >>

Ken Steiner, FSA Retired

Employee Benefits Jobs

Selected New Discussions

Anyone Know When President Signing Consolidated Appropriations Act, 2023 (Including SECURE 2.0)?

"I have read that the President intends to sign the Consolidated Appropriations Act, 2023 (which includes SECURE 2.0) into law. Has anyone read when he intends to do so?"

BenefitsLink Message Boards

Possible 411(d)(6) Issue Due to Change in Assumptions for Cash Balance Plan

"Plan's AE assumptions are not great and need to be redone. Currently, post AE is 5.5% with 2022 Applicable mortality table (yes, hard coded in the document as 2022). I would like to amend it to a more favorable assumption that would reduce the AB for owner. I checked the math and based on current assumption, AB is $1,888/month. If I change to more favorable assumption, AB drops to $1,503/month which is huge difference especially for testing purposes. In either case, the 415 limit stays the same. If I change it now and the pay credit does not change, is this 411d6 violation because the AB drops but not the pay credit?"

BenefitsLink Message Boards

How to Correct Missed RMDs Caused by Error in Birthdate

"Accountant mistakenly gave 5% owner of LLP us date of birth which turns out to be incorrect, 11/11/49, but accountant gave 11/11/50. No previous distributions based on his being age 72 in 2022, this would have been the 1st RMD. With the corrected date of birth, don't we need to go back to the old 70-1/2 and recalculate 2019, 20 and 21?"

BenefitsLink Message Boards

Top-Heavy Relief Included in SECURE 2.0

"Awesome article from Groom Law . But in a sea of bad news, this almost makes it worthwhile.... I haven;t seen yet if they fixed the issue where a top-heavy safe harbor match plan can avail themselves of immediate eligibility and a 1 year wait to avoid blowing their top-heavy exemption. That would for sure be a disappointing exclusion but regardless this is pretty awesome for a lot of plans."

BenefitsLink Message Boards

Webcasts and Conferences(Retirement Plans / Executive Compensation)

SECURE Act 2.0

December 29, 2022 WEBCAST

Convergent Retirement Plan Solutions, LLC

SECURE Act 2.0

January 5, 2023 WEBCAST

Convergent Retirement Plan Solutions, LLC

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

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