The latest news, official guidance, analysis, jobs, and more.

Retirement Plans Newsletter

December 15, 2023

[Official Guidance]

Text of IRS Notice 2024-04: Weighted Average Interest Rates, Yield Curves, and Segment Rates for December 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]

[Sponsor]

Unrivaled Authority in ERISA Knowledge

EOB sets the benchmark for ERISA expertise. With comprehensive updates and in-depth analysis, it's the resource of choice for professionals. From SECURE 2.0 to intricate compliance details, EOB is your trusted guide in the ever-evolving world of ERISA.

Sponsored by ASPPA

[Official Guidance]

Text of PBGC Interest Rate Assumptions for Valuing Benefits in Single-Employer Plans, First Quarter 2024

"The first quarter 2024 interest assumptions will be 5.45 percent for the first 20 years following the valuation date and 5.22 percent thereafter. In comparison with the interest assumptions in effect for the fourth quarter of 2023, these interest assumptions represent no change in the select period (the period during which the select rate (the initial rate) applies), an increase of 0.39 percent in the select rate, and an increase of 0.85 percent in the ultimate rate (the final rate)."   MORE >>

Pension Benefit Guaranty Corporation [PBGC]

[Guidance Overview]

New Annual Reminder Notice for Unenrolled Participants

"Pursuant to section 320 of SECURE 2.0, after the initial year of eligibility, sponsors of defined contribution, 401(k) and 403(b) plans may choose to give an otherwise eligible employee that elects not to participate a single 'Unenrolled Participant Annual Reminder Notice' for a year in lieu of myriad other DOL and IRS notices typically required."   MORE >>

The Retirement Advantage

Fiduciary Obligations in ESOP Re-Leveraging Transactions

"The plaintiffs allege that the re-leveraging transaction diluted the value of the existing participants' accounts ... [B]oth the complaint and FAB 2002-01 serve as reminders that fiduciaries considering re-leveraging transactions must engage in due consideration of the transaction ... [T]he Fiduciaries [in this case] may have concluded that ... [w]ithout the additional purchased shares, future employees would not achieve meaningful ownership in the Company, which is necessary to drive motivation and commitment to increase the Company's value." [Shipp v. Central States Manufacturing, Inc., No. 23-05215 (W.D. Ark. complaint filed Nov. 28, 2023)]   MORE >>

ArentFox Schiff LLP

Cryptocurrencies in 401(k) Plans: A Guide for Plan Administrators

"The [DOL's] advice to 401(k) fiduciaries about approaching crypto with 'extreme care' is something that plan administrators should take to heart. Fortunately, there are a few things that administrators can do to limit risk and ensure that their plan remains compliant with all relevant rules and regulations."   MORE >>

MSN News

IBM's Bold Cash Balance Move: Does Stronger DB Funding Status Offer More Options to Others?

"[S]tarting in 2024, [IBM's] captive excess pension assets can be deployed to free up an estimated half-billion dollars of cash expense annually.... Greatly oversimplifying, this is creating a retirement benefit funding holiday for IBM which should last about ten years ... A well-designed, well-managed cash balance plan may hold minimal risk to sponsors while diversifying risk and delivering lifetime benefits to employees."   MORE >>

Principal Financial Group

A Compendium of Demographic Influences on Retirement Security (PDF)

191 pages. "Two thirds (66 percent) of people are confident they will be able to have or maintain a comfortable retirement lifestyle ... About three in 10 people fear not being able to meet the basic financial needs of their family ... Seven in 10 people (71 percent) are concerned that Social Security will not be there for them when they are ready to retire.... Among those who are not yet retired, more than four in 10 people (42 percent) expect to retire at age 70 or older or do not plan to retire[.]"   MORE >>

Transamerica Center for Retirement Studies

[Opinion]

What IBM's 401(k)-Match Move Means for Advisors, Sponsors, Participants

"The rise in popularity of these arrangements may show the challenges participants face in achieving retirement readiness in traditional defined contribution plans. They are tasked with determining how much they need to save, making investment decisions, and how to structure distributions during retirement. Compared to a pension with a stated benefit payment at retirement, it’s easy to understand an employee’s preference. "   MORE >>

American Retirement Association [ARA]

[Opinion]

ICI Testimony for DOL Hearing on Fiduciary Proposal

"If the Department moves forward with changes to the advice definition, the proposal must be narrowed and provide clearer guidelines. It must ensure that typical marketing and financial education related communications are not subject to fiduciary standards. Some of the areas that must be addressed include [1] Platform providers assisting plan sponsors with platform selection; [2] RFP responses and other 'hire me' situations; [3] Call center representatives responding to questions from a plan participant; and [4] Communications between asset managers and financial institution intermediaries."   MORE >>

Investment Company Institute [ICI]

Benefits in General

The Impact of HSAs on Retirement Income Adequacy (PDF)

"A recent report found that health savings accounts (HSAs) can have a substantial impact on retirement income adequacy. The report found that the cumulative baseline deficit decreases by 6.2 percent to $3.44 trillion when status quo HSA utilization is considered."   MORE >>

Employee Benefit Research Institute [EBRI]

Executive Compensation and Nonqualified Plans

[Guidance Overview]

IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers

"Section 6039 ... requires businesses to report to the IRS when employees have exercised Incentive Stock Options (ISOs) or have purchased company stock under an Employee Stock Purchase Plan (ESPP).... Deadlines for filing these forms with the IRS for transactions that occurred in 2023 are February 28, 2024 for paper filers and April 1, 2024 for electronic filers."   MORE >>

Fenwick & West LLP

Employee Benefits Jobs

View job as Distribution and Loans Analyst for Ubiquity Retirement + Savings

Distribution and Loans Analyst

Ubiquity Retirement + Savings

Remote

View job as Distribution and Loans Analyst for Ubiquity Retirement + Savings

View job as Senior Defined Benefit Plan Consultant for Loren D. Stark Company (LDSCO)

Senior Defined Benefit Plan Consultant

Loren D. Stark Company (LDSCO)

Remote

View job as Senior Defined Benefit Plan Consultant for Loren D. Stark Company (LDSCO)

Selected New Discussions

What Is the Required Beginning Date for This Participant?

"A new DB Plan is effective 1/1/2022 and is adopted 7/6/2023. No prior qualified plans. 63 participants. The majority owner is age 80, works full time, and is fully vested. His normal retirement age is age 84 (the 5th anniversary of his 1/1/2022 entry date.) When is the owner's required beginning date for his first RMD?"

BenefitsLink Message Boards

Multiple In-Service Distributions by Participant in Same Calendar Year (Cash Balance Plan)

"We have a participant that wants to take multiple in-service distributions within a calendar year. In early 2023, he took an in-service distribution against his 2022 principal credit. He recently received his 2023 principal credit and now wants to take another in-service distribution. He is in his mid-60s and I can't find anything in the plan document that prohibits this (the document is silent on this topic other than to say in-service distributions are permitted). But it just doesn't feel right to me. Does anyone know if this is legal?"

BenefitsLink Message Boards

In-Plan Roth Conversion

"A 401(k) plan allows participants to convert their after-tax contributions to Roth via an in-plan Roth conversion feature. After a conversion, are those dollars completely recharacterized as Roth such that they would no longer be eligible for a penalty-free early withdrawal? For example, if a 50 year old participant had $7,000 in after-tax contributions, he would be able to withdraw them at any time without an early withdrawal penalty. If he converts them to Roth via the in-plan conversion, would he lose that ability to withdraw the funds before age 59.5?"

BenefitsLink Message Boards

457 Employer Contributions

"Under Federal Regs, I understand a governmental entity can make employer contributions to a 457(b) plan. What I am unclear on is if the State of PA allows for this? Anyone work on PA governmental where employer match or nonelective is permitted. I realize Er and Ee would be subject to 402(g) limitation. I've gotten various responses from attorneys."

BenefitsLink Message Boards

Direct Investments in the Prefunded Account?

"Does a plan sponsor have control over the fund(s) used for balances in their pre-funded account? Or is a pre-funded account required to use some sort of conservative capital-preservation type fund?"

BenefitsLink Message Boards

Press Releases

Webcasts and Conferences(Retirement Plans / Executive Compensation)

Auto-Portability

December 15, 2023 PODCAST

CAPTRUST Financial Advisors

Last Issue's Most Popular Items

No Electronic Filing of Form 5558 for 2023 Filing?

American Retirement Association [ARA]

2024 ERISA Plan Compliance Calendar (PDF)

PLANSPONSOR; free registration may be required

Unsubscribe   |   Change Email Address

Search Past Issues   |   Privacy Policy

Submit an Article   |   Contact Us   |   Advertise Here

Copyright 2023 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.

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

Links to web sites other than BenefitsLink.com and EmployeeBenefitsJobs.com are offered as a service to our readers. We are not involved in their production and are not responsible for their content.

View Site in Mobile | Classic
Share by: