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Retirement Plans Newsletter

August 14, 2023

[Official Guidance]

Text of IRS Notice 2023-61: Weighted Average Interest Rates, Yield Curves, and Segment Rates for August 2023 (PDF)

"This notice provides guidance on the corporate bond monthly yield curve, the corresponding spot segment rates ... and the 24-month average segment rates ... [as well as] the interest rate on 30-year Treasury securities ... as in effect for plan years beginning before 2008 and the 30-year Treasury weighted average rate[.]"   MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

PBGC Provides One-Time 4010 Filing Waiver for Certain Employers

"Absent relief from the PBGC, many entities that are not typically subject to 4010 reporting would have been required to submit a filing this year. As explained in [ Technical Update Number 23-1 ], the 'atypical and almost unprecedented interaction of market conditions' in late 2022 and early 2023 is expected to drive many plans' 4010 FTAP below 80% 'for the first time in a long time (or perhaps ever).' The same plans might have 4010 FTAPs at or above the 80% threshold if the calculation used a market-based approach that does not smooth out discount rates and asset values over time."   MORE >>

Proskauer

[Guidance Overview]

Recent Updates Regarding the Special Financial Assistance Program

"Plans that are eligible for SFA should be aware of new processes established by PBGC on July 27, 2023 for [1] requesting an independent death audit from PBGC, [2] expedited processing of minimally revised applications, and [3] submitting revised lock-in applications. PBGC has also added a new template for plans to summarize assumptions."   MORE >>

Morgan Lewis

[Guidance Overview]

RMD Relief? No Thank You!

"[It] may seem that every beneficiary who is subject to the 10-year rule and would otherwise be required to take an RMD for 2023 should take advantage of the opportunity to skip their 2023 RMD. It may seem like a no brainer to keep the funds in the account if not needed and avoid an immediate tax bill. However, this may not actually be a smart planning move."   MORE >>

Slott Report

Fifth Circuit Allows Multi-Plan ERISA Class Action to Proceed Against Fringe Benefit Group

"FBG challenged the district court's Rule 23(b)(1) and (b)(3) determinations, arguing that the district court abused its discretion by failing to account for the wide variety of plans included in the class and sanctioning hundreds of mini-trials because of the individualized nature of the class claims. The Fifth Circuit disagreed, finding that Plaintiffs have standing, and certification is appropriate ... The court concluded that the district court correctly determined that this litigation may proceed as a class-action lawsuit." [ Chavez v. Plan Benefit Services, Inc., et al , No. 22-50368 (5th Cir. Aug. 11, 2023)]   MORE >>

Roberts Disability Law

DOL Opens Public Comment on SECURE 2.0 Provisions

"The [DOL] is seeking public feedback and comment on several sections of the SECURE 2.0 Act of 2022 that establish new or revised reporting requirements ... EBSA notes that several sections of the law establish new or revise existing [ERISA] reporting, which in some cases require the department to submit regular reports to Congress as updates or to guide future legislation."   MORE >>

PLANSPONSOR; free registration may be required

The Time Is Right for Aftertax 401(k) Contributions

"One of the key benefits of aftertax 401(k) contributions is that they are allowable on top of the basic traditional or Roth contributions, making them ideal for heavy savers looking for additional opportunities for tax-advantaged savings. While aftertax contributions aren't available to everyone with a 401(k), plans that do offer them are increasingly adding features that make it easy to convert those contributions to Roth without leaving the plan"   MORE >>

Morningstar

Survey of Capital Market Assumptions: 2023 Edition (PDF)

18 pages. "[T]his survey shows return expectations over horizons of both 10 years and 20 years ... [T]his report also constructs an asset allocation for a hypothetical multiemployer pension plan ... The expected returns for this 2023 edition were 126 basis points higher over a 10-year horizon than they were last year, and 94 basis points higher than they were in 2018. Over a 20-year horizon, expected returns are 88 basis points higher than last year, and 5 basis points higher than they were five years ago in the 2018 edition of the survey."   MORE >>

Horizon Actuarial Services LLC

When to Say No to a 403(b) Plan

"This post explores the high-fee landscape of 403(b) plans, including long-term financial damage caused by poor 403(b) investment choices. It also discusses advantages of 403(b) plans, which can often be replicated elsewhere, and 'dealbreaker' features of 403(b)s when it is time to consider walking away. The post then describes five 403(b) plan alternatives ... It also includes research about the 'drag' on 403(b) plan earnings caused by high-expense investments, as well as three 'need to know' facts and six take-away action steps."   MORE >>

403bwise

[Opinion]

Why the Future Is Now Brighter for Small-Balance Retirement Accounts

"The power of auto portability, when combined with the reach of the [Portability Services Network (PSN)] network, will produce nothing short of a revolution for future, job-changing participants whose small-account balances are subject to their plan's automatic rollover provisions. For these participants, the best choice -- consolidation -- will also become the default choice, leading to dramatic reductions in cashout leakage and increased retirement security."   MORE >>

401(k) Specialist

[Opinion]

Does Your 401(k) Need 'Guardrails'?

"[A recent op-ed ] calls out for criticism a retirement system [the authors] say allows workers to put portfolios at risk by failing to diversify their investments and choosing investment options with 'relatively high fees that eat into their returns.'.... [Their] solution ... is -- 'guardrails' -- basically imposing limits on how much participants might be permitted to invest in ... funds that, in the estimation of the plan fiduciary MIGHT be harmful in large 'doses.' ... [They seem] to have bootstrapped ... a fiduciary obligation to not only prudently review and monitor the services and investments offered by a plan, but to track, investigate and, yes, limit the asset allocations of participants among options that are deemed subject to misuse/abuse."   MORE >>

Data 'Points'

Benefits in General

HR Falling Short on Benefits Education

"HR departments' direct involvement in benefits education is on the decline, according to a new report  ... [O]ne-on-one conversations with HR decreased to 26 percent from 28 percent in 2022. These conversations have been replaced by employers' use of online resources at 63 percent, up from 53 percent last year. The data marks a continual decline in HR benefits communication over the past couple years -- in 2020, for instance, 33 percent of employers offered one-on-one conversations with HR."   MORE >>

Society for Human Resource Management [SHRM]; membership may be required to view article

TIGTA Report: Sensitive Business and Individual Tax Account Information Stored on Microfilm Cannot Be Located (PDF)

30 pages. "Significant deficiencies exist in the IRS's accounting for microfilm backup cartridges. Deficiencies result in the inability of the IRS to account for thousands of microfilm cartridges containing millions of sensitive business and individual tax account records. The sensitive business and individual taxpayer information stored on the unaccounted for cartridges are key information that can be used to commit tax refund fraud identity theft."   MORE >>

Treasury Inspector General for Tax Administration [TIGTA[

Selected New Discussions

Single Member with Two Businesses - SEP IRA and 401(k)?

"Financial advisor asked if this client he has can sponsor a SEP IRA with one of his businesses and a 401(k) with the other? There are no employees."

BenefitsLink Message Boards

Any Problem with Different Subsidiaries Administering Catch-Ups Differently?

"All subs participate in the same 401(k) plan, which includes catch ups. In Sub 1, all catch-up eligible participants have their contribution limits automatically increased at the beginning of the Plan Year. In Sub 2, all catch-up eligible participants are given notice that they need to actively elect catch-up. They are given a notice at the beginning of the year and a follow-up mid-year. Accordingly, if someone in Sub 2 elects to defer 6% of comp, and that equals $30,000, they will be cut off at $22,500 unless they have actively elected catch-up. That same employee in Sub 1 would have the full $30,000 contributed, without ever having elected catch-up. We plan to make all catch-up administration consistent for future Plan Years, but what about this Plan Year? Is this a problem? If we change administration this year, does that create a problem where we otherwise wouldn't have one? If this is a problem, what is the solution?"

BenefitsLink Message Boards

Webcasts and Conferences(Retirement Plans / Executive Compensation)

Pension Plan Update: Interest Rates and De-Risking

September 14, 2023 WEBINAR

McAfee & Taft

Last Issue's Most Popular Items

Retirees Face a $17,400 Cut If Social Security Isn't Saved

Committee for a Responsible Federal Budget

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

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