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Retirement Plans Newsletter

August 2, 2023

[Guidance Overview]

SECURE 2.0 Non-Discrimination Testing Changes: Good News for Small Businesses

"The SECURE 2.0 changes affect the coverage and top heavy tests. They can help small businesses increase employee savings and reduce plan expenses by: [1] Simplifying the 'family attribution' rules when coverage testing, making it easier for spouses with separate businesses to maintain standalone plans. [2] Reducing the contribution obligation for 'top heavy' plans, making a short service requirement for plan eligibility more attractive."   MORE >>

Employee Fiduciary

[Sponsor]

In-Person Chicago APC on Sept. 6-8, 2023

New SECURE 2.0 rules will go into effect in less than six months. Are you ready? Learn more at the Chicago APC, Sept 6-8, 2023, featuring seven general sessions and twelve breakouts. Up to 19 CE credits. Early fee ends August 4. Register today!

Sponsored by FIS Retirement Education

[Guidance Overview]

Retirement Benefits for $0? What SECURE 2.0 Means for Businesses.

"[1] Digital, self-serve retirement plans are as simple as it gets.... [2] Pooled employer plans offer additional support.... [3] Financial professionals, third-party administrators, and plan service providers open doors to customization."   MORE >>

Principal Financial Group

Seventh Circuit Shift Resuscitates Excessive Fee Suit

"A shift in precedent has lowered the bar to establish a plausible argument sufficient to overcome a motion to dismiss -- and plaintiffs in yet another case are getting another shot at proceeding to trial." [Glick v. ThedaCare, Inc., No. 20-1236 (E.D. Wis. magistrate report Jul. 20, 2023)]   MORE >>

American Retirement Association [ARA]

Pennsylvania Public Pension System Seeks Millions in Damages Against Advisor

"The Pennsylvania Public School Employees' Retirement System [PSERS] filed a civil complaint ... against Aon Investments USA, saying the investment company cost it millions of dollars in damages.... PSERS said in the complaint that Aon's mistakes caused it to approve incorrect member contribution rates from 2021 through 2023." [Commonwealth of Pennsylvania, Public School Employees' Retirement Board v. Aon Investments USA, Inc., No. 221102792 (Com. Pleas Phila. complaint filed Jul. 31, 2023)]   MORE >>

The Center Square

Excess Fee and Performance Litigation: Trends in 2023 Court Rulings

"[P]lan sponsors are only winning approximately 30% of dismissal motions -- even less than the 35% success rate from the prior year.... [O]nly 17% of cases in 2023 have been dismissed with prejudice [8 out of 46], and half of those dismissals with prejudice involve anemic challenges to BlackRock LifePath index funds, cases that never had any merit.... [T]he dismissal percentage following the March 2023 Hughes II decision continues to decline as plan sponsors lose traction in the Sixth and Seventh Circuits."   MORE >>

Euclid Specialty Managers

Schwab 401(k) Participant Survey 2023

"Rather than reducing their 401(k) contributions, Americans say they're cutting spending overall and saving less in other areas to respond to inflation and market volatility. Sixty percent of 401(k) savers would be willing to give up a portion of their next raise in exchange for better benefits. 401(k)s have become a non-negotiable benefit for workers, with nearly nine in ten saying it is a 'must have' when looking for a new job."   MORE >>

Charles Schwab

Target Date Funds Have Taken Over 401(k)s; How They're Constructed Continues to Evolve

"When the first target-date funds emerged in the 1990s, they were primarily built using actively managed mutual funds.... But the pendulum has now begun to drift back in the other direction. More volatile markets, inflation, and the prospect of better investment performance have prompted managers to diversify the components of their target-date funds."   MORE >>

Institutional Investor

Student Loan Debt Assistance Programs Higher Priority for Employers

"The frequency of student loan debt means [repayment assistance programs] are a valuable lever for employers, too. While improving overall financial well-being and employee satisfaction, the programs may also increase awareness of and participation in retirement contribution programs like 401(k) plans."   MORE >>

InvestmentNews; subscription may be required

A Venture-Backed Recordkeeper Is Winning Every State-Sponsored Mandate

"Since the start of 2022, Vestwell has won every contract awarded to a recordkeeper by state savings plans, including the CalABLE Colorado Secure Savings Program, the RetirePath Virginia, and the Colorado Secure Savings Program. It is now the administrator to more than 30 state savings programs, including education savings accounts, ABLE programs, and 75 percent of state auto IRA plans."   MORE >>

Institutional Investor

Women Addressing Lifetime Income More Than Men

"More than half (53%) of women between ages 61 and 65 do not expect that their retirement savings and income sources will last throughout their lifetime compared to 36% of men in that age group; and 61% of women in the age 61 to 65 cohort reported they are extremely interested in a financial product that guarantees lifetime income compared to 53% of men, the research shows."   MORE >>

PLANSPONSOR; free registration may be required

FAS87 ASC715 Discount Rates and Moody's Rates, July 31, 2023

An unofficial monthly report of the Moody's Daily Long-term Corporate Bond Yield Averages and Moody's Daily Treasury Yield Averages (used as benchmarks by some corporate pension plans).   MORE >>

BenefitsLink Message Boards

Benefits in General

Leveraging Demographic Data for Benefits Customization

"By reviewing demographic data, conducting employee surveys and performing benchmarking analysis, you can gain valuable insights into your employees' priorities. With the help of an expert, you can look into benefits solutions that address employee needs while remaining cost-effective."   MORE >>

Corporate Synergies

Attract, Retain Employees with Student Debt Benefits

"[T]wo in three employers [offer] tuition assistance to employees. However, adoption rates below 5% signal this isn't the benefit employees really want.... The vast majority of employees -- 86% -- say they'd commit to a job for five or more years if they received student loan repayment benefits. Yet only 8% of employers offer such a benefit. These statistics suggest there is a market gap, which gives companies offering these solutions a recruiting and retention advantage."   MORE >>

Woodruff Sawyer

Labor Shortage to Persist in 2026; Offering Competitive Benefits Will Be Key for Employers

"83% of panelists agreed or strongly agreed that at least 10% of gig economy employers will offer contract workers voluntary payroll-deduction retirement savings mechanisms, such as IRAs, solo 401(k)s, and HSAs, by the end of 2026....  [E]mployers unable to provide work-from-home opportunities will need to enhance benefits packages and adopt flexible total rewards programs to attract and retain talent."   MORE >>

Transamerica

Selected New Discussions

Early Retirement and Vesting Provisions

"We're planning an early retirement program, and want to make sure our 401k plan synergizes with the new program. We do currently have an early retirement provision in the plan document: 'Early Retirement Age' means the later of: [1] attainment of age 55, and [2] the 5th anniversary of Plan participation. If a Participant terminates from service before attaining age 55, but after the 5 anniversary of Plan participation, the Participant will be entitled to elect an early retirement benefit upon attaining 55. Our current match vesting schedule is 3 years (profit sharing is 6, but we don't do that) -- I'm wondering if the vesting provision in the above is providing any additional benefit -- doesn't seem like it. Is it standard to have that provision match regular vesting, or offer an accelerated vesting? If our goal is to have an attractive early retirement package, would it make more sense to not have a plan participation requirement?"

BenefitsLink Message Boards

Liability for Signing on EFAST

"I am helping my former employer (TPA) do a DFVC filing for a client with several years 5500 filings due. Rather than signing an E-signature authorization for each year, what they want to do is get a form 2848 giving me the POA to sign and file all the years. I would have to of course get the EFAST credentials to do this. Q: If I have POA and e-sign all the 5500 filings on EFAST, am I opening myself to any liability?"

BenefitsLink Message Boards

Press Releases

Webcasts and Conferences(Retirement Plans / Executive Compensation)

Pension Plan Investments 2023: Advanced Perspectives

November 14, 2023 WEBINAR

PLI [Practising Law Institute]

Last Issue's Most Popular Items

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

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