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Retirement Plans Newsletter

December 14, 2023

[Official Guidance]

IRS to Hold Virtual Meeting for Pre-Approved Plan Providers and Mass Submitters (PDF)

"The IRS is hosting a virtual meeting with pre-approved plan providers and mass submitters to discuss technical and procedural requirements for the upcoming 4th cycle 401(a) defined contribution pre-approved plan submission period. When: Wednesday, January 17, 2024 ... This meeting is intended for those providers and mass submitters who draft pre-approved plans and plan to apply for a 4th cycle opinion letter under Revenue Procedure 2023-37 ."   MORE >>

Internal Revenue Service [IRS]

[Sponsor]

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[Official Guidance]

Text of 2024 IRS Form W-4P: Withholding Certificate for Periodic Pension or Annuity Payments (PDF)

"Complete Form W-4P to have payers withhold the correct amount of federal income tax from your periodic pension, annuity (including commercial annuities), profit-sharing and stock bonus plan, or IRA payments."   MORE >>

Internal Revenue Service [IRS]

[Official Guidance]

Text of 2023 IRS Form 8881: Credit for Small Employer Pension Plan Startup Costs (PDF)

Rev. Dec. 2023. "Eligible small employers use this form to claim the credit for qualified startup costs incurred in establishing or administering an eligible employer plan."   MORE >>

Internal Revenue Service [IRS]

[Official Guidance]

Text of Instructions for 2023 IRS Form 8915-C: Qualified 2018 Disaster Retirement Plan Distributions and Repayments (PDF)

"What's New: The repayment period for a qualified 2018 disaster distribution ends 3 years and 1 day after the distribution was received. This is particularly important if your qualified 2018 disaster distribution was received in 2020." [Also available: 2023 Form 8915-C ]   MORE >>

Internal Revenue Service [IRS]

[Official Guidance]

Draft of IRS Form 8915-F: Qualified Disaster Retirement Plan Distributions and Repayment (PDF)

Rev. Jan. 2024. "Use Form 8915-F for 2021 and later disasters. Also, use it after 2020 instead of Form 8915-E, for coronavirus-related and other 2020 disasters."   MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

2024 ERISA Plan Compliance Calendar (PDF)

"[This calendar] is intended to alert sponsors of retirement plans governed by [ERISA] to some of the significant regulatory dates for 2024. It ... assumes that a plan is being administered on a calendar year basis by an employer using a calendar fiscal year."   MORE >>

PLANSPONSOR; free registration may be required

No Electronic Filing of Form 5558 for 2023 Filing?

"It appears that the [DOL] has communicated to third-party software developers that the electronic filing option for Form 5558 should be disabled and that electronic filing of the Form 5558 will not be available starting Jan. 1, 2024, to extend the filing deadline for a 2023 Form 5500[.]"   MORE >>

American Retirement Association [ARA]

Longstanding IRS Position on Forfeitures Called Into Question by Recent Lawsuits

"Pending resolution of one or more of these cases, it is appropriate for plan sponsors now to review the forfeiture provisions of their defined contribution plans ... [If] fiduciaries are given discretion as to how forfeitures should be allocated, consideration should be given to providing some objective process mandating the basis on which such decisions are made."   MORE >>

The Wagner Law Group

Litigation Trends to Watch in 2024

"[A]ttempts to sue plan fiduciaries for choosing one type of low-cost target-date fund versus other options appear to be petering out, in part due to a string of losses. However, an area of increased litigation, and focus, is emerging in a series of complaints targeting how retirement plan forfeitures are being used by plan sponsors."   MORE >>

planadviser

DOL Officials Push Redefinition of 'Trust and Confidence' in Fiduciary Hearing Clash

"Administration officials repeatedly mention 'trust and confidence' in both the rule text and their public comments since its release. Their challenge is to shoehorn an agent's one-time sale of an annuity into the established understanding of a relationship of 'trust and confidence' between an advisor and client."   MORE >>

InsuranceNewsNet.com

Research Brief: Advancing 'Digital First' for Annuities (PDF)

"It has become axiomatic in the annuity industry that existing processes for transacting in annuities are outdated and must be replaced by digital capabilities. This research supports that contention and provides context in terms of quantifying the likely impact of achieving a full digital experience (i.e., the virtual elimination of paper processing and wet signatures), It also explores the financial professional view of the necessary elements of a digital experience that will drive them to adopt new processes and embrace annuities more fully."   MORE >>

Insured Retirement Institute [IRI]

[Opinion]

Debunking the Tyson Foods Excess Recordkeeping Fee Case

"[The complaint's] definition of 'RKA' recordkeeping services includes plan administrative fees that are not recordkeeping, and even includes some accounting and legal services that are not even paid to the recordkeeper.... The Form 5500 does not provide reliable data to calculate per-participant fees ... Despite years and hundreds of lawsuits, plaintiff lawyers still have no national database to support their fiduciary imprudence claims that large retirement plans pay the artificially low amounts asserted in the lawsuits." [Ruebell v. Tyson Foods, Inc., No. (W.D. Ark. complaint filed Nov. 11, 2023)]   MORE >>

Euclid Specialty Managers

Benefits in General

[Official Guidance]

Text of IRS Notice 2024-08: 2024 Standard Mileage Rates (PDF)

"The standard mileage rate for transportation or travel expenses is 67 cents per mile for all miles of business use.... The standard mileage rate is 14 cents per mile for use of an automobile in rendering gratuitous services to a charitable organization under Section 170.... The standard mileage rate is 21 cents per mile for use of an automobile: [1] for medical care described in Section 213; or [2] as part of a move for which the expenses are deductible under Section 217(g)."   MORE >>

Internal Revenue Service [IRS]

Tackling Student Loan Debt: How Employers Can Help

10 pages. "[T]wo student loan management program options are gaining significant attention as they allow employer contributions in different ways: Student loan direct payment program and student loan retirement matching program. [This article describes] these programs in detail to help employers determine the best approach for the organization's objectives and employee demographics."   MORE >>

Invesco

Employee Benefits Jobs

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

Retirement Plan Documents Specialist

Loren D. Stark Company (LDSCO)

Remote

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

Selected New Discussions

Death of Divorced Spouse, QDRO Not Yet Filed with Plan

"How do your plans handle the situation in which a divorce decree grants an ex-spouse an interest in retirement benefits, but the ex-spouse dies before a QDRO is filed with the Plan? In this case, the participant is nowhere close to retirement age. It seems the estate should be put on notice and given a time frame to file a posthumous QDRO, but would appreciate thoughts."

BenefitsLink Message Boards

Yet Another IRS Screw-Up - This Time with a 5330

"Anyone else received one of these? Client submitted a fully completed and signed 5330 for late deposits of 401(k) deferrals. Client received an IRS letter, from Ogden. No form #. The letter states that the 5330 was unsigned,, doesn't say whether the PT was Discrete or other than Discrete, didn't give the amount of the PT, doesn't indicate whether you corrected all of the PT's. Of course, ALL of these items were completed, and completed properly. They give you the option of checking the boxes and completing a couple of items, and signing a declaration that the form is true, correct, and complete. BUT, they tell you NOT to include a copy of the original for 5330, unless you are correcting/amending it, which of course you aren't, because it was correct and complete in the first place. So, you are left with the choice of completing their form, or calling, which is likely to take hours and probably get wrong info anyway."

BenefitsLink Message Boards

Press Releases

Webcasts and Conferences(Retirement Plans / Executive Compensation)

ESG Investing by Retirement Plans

December 14, 2023 PODCAST

Williams Mullen

ADP and ACP Testing Techniques

January 23, 2024 WEBINAR

ASPPA [American Society of Pension Professionals & Actuaries]

Last Issue's Most Popular Items

ERISA Fiduciary Concerns Relating to Cybersecurity: Theft of Plan Assets

Professional Liability Underwriting Society [PLUS]

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

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