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Retirement Plans Newsletter

June 27, 2023

[Guidance Overview]

SECURE 2.0 Errors and Unintended Consequences

"On May 23, 2023, key members of Congress sent a letter to the Treasury and IRS , identifying four errors where they intend to submit technical correction legislation.... Congress stated there may be additional erroneous statutory language in SECURE 2.0 included in the technical corrections bill, but the letter did not identify what these errors might be. The ARA Government Affairs Committee has identified some of these errors, as well as other changes that may better effectuate the underlying policies of the law."   MORE >>

American Retirement Association [ARA]

[Guidance Overview]

IRS Proposes Regs on Constructing Yield Curve for Funding Purposes

"Under the proposed regulations , there are two changes to the existing approach. Callable bonds would now be included in the yield curve data, but only if the call feature is exercisable in the last year before maturity.... Second, the proposed regulations would apply a new adjustment variable.... intended to produce a yield curve that better reflects a rate hump that often occurs around 20-year maturity bonds."   MORE >>

Groom Law Group

[Guidance Overview]

Payroll Challenges Plague Roth Catch-Up Contribution Implementation

"[T]he primary concern is how to integrate the new rule with how payroll deductions for catch-up contributions are processed and then transmitted to plan recordkeepers.... There are two primary approaches for doing so ... SECURE 2.0 leaves many unanswered questions about how its Roth catch-up contribution requirement should be applied (or even if it can be applied) under both.... [Other] questions need to be addressed before it is even feasible to begin making related payroll and recordkeeping changes."   MORE >>

McDermott Will & Emery

[Guidance Overview]

IRS Issues Interim Guidance on SECURE 2.0 Self-Correction Expansion

"The IRS recently issued Notice 2023-43 to provide interim guidance on Section 305 of SECURE 2.0 ... which significantly expanded self-correction under the [EPCRS].... Certain conditions for self-correction ... Certain failures may not be self-corrected ... Certain Rev. Proc. 2021-30 provisions do not apply ... Terms used in SECURE 2.0 Section 305 defined and explained ... Confirmation of certain procedural requirements ... Reliance on the Notice and further comments and guidance."   MORE >>

Faegre Drinker

[Guidance Overview]

SECURE 2.0 Update

"[E]mployers should be engaged with their recordkeepers, advisors, and qualified counsel to ensure they are taking appropriate steps to implement the required SECURE 2.0 provisions, and make decisions regarding the optional provisions. While additional guidance from the government is eagerly awaited, some has recently been issued."   MORE >>

Hawley Troxell

EBSA Tips for Employees: Protecting Your Retirement Savings Online

"[1] Register, set up, and regularly monitor an online account.... [2] Use a strong and unique account password.... [3] Use multi-factor authentication  ... [4] Keep account and personal information up to date! ... [5] Free Wi-Fi isn't always free.... [6] Don't fall victim to phishing scams.... [7] Install antivirus software and keep your apps and software up to date.... [8] Know how to report identity theft and cybersecurity incidents."   MORE >>

Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

Detroit Wins Its Battle to Stretch Out Payments to Police and Fire Pension Over 30 Years

"U.S. Bankruptcy Judge Thomas J. Tucker granted the city's motion and entered an order requiring the Police and Fire Retirement System to amortize the unfunded actuarial accrued liability that exists as of June 30 over 30 years....In addition, the bankruptcy judge enjoined the Police and Fire Retirement System from further attempts to shorten the amortization period." [ In re City of Detroit, Michigan , No. 13-53846 (Bankr. E.D. Mich. Jun. 26, 2023)]   MORE >>

Detroit Free Press

Nearly 6 in 10 Advisors Are Interested in Testing Out AI or ChatGPT

"Among those [who do use ChatGPT in their practices], 44% answered that they use ChatGPT for writing educational blog content about finance topics. Additionally, 28% of respondents reported using ChatGPT to follow up on leads with prospects. And another 28% answered that they use it for routine communications and scheduling."   MORE >>

SmartAsset Advisors, LLC

[Opinion]

Credit Cards Linked to 401(k)s May Be Best Way to Provide Emergency Savings

"Currently the easiest way for employees to access their 401(k) balances is through a loan. But, loans involve a lot of administrative hassle and are expensive for employers. The credit card proposal would be administered by a third party, such as Master Card, Visa, or American Express, so the cost would be dramatically reduced and paid by the credit card user."   MORE >>

Center for Retirement Research at Boston College

Employee Benefits Jobs

View job as Plan Document Consultant
            for Voya Financial

Plan Document Consultant

Voya Financial

Remote

View job as Plan Document Consultant for Voya Financial

View job as Client Experience Specialist
            for Aimpoint Pension

Client Experience Specialist

Aimpoint Pension

Remote

View job as Client Experience Specialist for Aimpoint Pension

Selected New Discussions

Cost of Calculating Late Contributions Paid from Plan?

"Can the cost of calculating the interest for late contributions (and preparing the 5330) be charged against the plan? i.e. taken from forfeitures? What about the cost of calculating interest for missed deferral opportunity? I know the interest itself must be paid by the ER."

BenefitsLink Message Boards

Is Detailed Transaction Information Available to Plan Fiduciaries When Plan Includes a Brokerage Window?

"When a retirement plan allows a recordkeeper’s brokerage window: Does the plan’s named fiduciary get reports on the details of which stocks, bonds, and other securities each participant buys, holds, and sells? Or does the named fiduciary get access to a database with that information? Is that reporting or access routine? Or must the fiduciary specifically ask for those services?"

BenefitsLink Message Boards

SECURE 2.0 Roth Catch-up - Automatic Spillover

"Pursuant to Section 603 of the SECURE Act and starting with the 2024 calendar year, if FICA wages in the previous calendar year (2023) exceeded $145,000, the catch-up contributions under IRC 414(v) must be made to a designated Roth account under the Plan. If a participant elected pre-tax 401(k) contributions in 2024 and the participant reaches the dollar amount permitted under IRC 402(g) in the middle of 2024 (i.e.- September, 2024), is it possible for the plan to be designed to withhold Roth 401(k) catch-up contributions for the remainder of the 2024 year (i.e., September-December, 2024) up to the IRC 414(v) limit (i.e., $7,500)? The SPARK Institute's Comment Letter to the IRS (April 10, 2023) requests IRS guidance that permits this automatic spillover:

  • The SPARK Institute requests confirmation that employers and plan administrators can rely on negative consent to switch employee elections from pre-tax elective deferrals to designated Roth contributions in order to prevent any existing election from violating SECURE 2.0’s requirement for Roth catch-up contributions.

I was just checking to see if recordkeepers and/or payroll companies have considered this automatic spillover as a feature that they are planning to build, support and administer in their SECURE 2.0 projects."

BenefitsLink Message Boards

Press Releases

Webcasts and Conferences(Retirement Plans / Executive Compensation)

5500s Big Changes for 2023

July 12, 2023 WEBINAR

ERISApedia

5500s Big Changes for 2023 (Repeat)

July 13, 2023 WEBINAR

ERISApedia

IRA Beneficiary Distributions, Part 1

August 8, 2023 WEBINAR

Ascensus

Benefits at Work

September 27, 2023 in CA

Employee Benefits News

Benefits at Work

September 27, 2023 in CA

Employee Benefits News

Last Issue's Most Popular Items

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

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