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Retirement Plans Newsletter

February 14, 2024

[Official Guidance]

Draft IRS Publication 590-A: Contributions to Individual Retirement Arrangements (IRAs), for Use in Preparing 2023 Returns (PDF)

62 pages, Feb. 13, 2024. " What's New for 2023 : [1] IRA contribution limit increased.... [2] Increase in required minimum distribution age.... [3] Modified AGI limit for traditional IRA contributions ... [4] Modified AGI limit for Roth IRA contributions ...  What's New for 2024 : [1] IRA contribution limit increased for 2024.... [2] Modified AGI limit for traditional IRA contributions increased.... [3] Modified AGI limit for certain married individuals increased.... [4] Modified AGI limit for Roth IRA contributions increased."   MORE >>

Internal Revenue Service [IRS]

[Guidance Overview]

Correcting Plan Errors: Calculating Earnings

"[T]he cheaper result of the online calculator should not prevail over the participant's, the plan's, or the default investment alternative's actual rate of return or some of the other alternatives presented [in this article] EXCEPT, if the error affects mostly the highly compensated employees (HCEs). The regulators will always accept a cheaper alternative when it involves HCEs."   MORE >>

Belfint Lyons Shuman

[Guidance Overview]

Exceptional Usefulness and Quality icon Proposed Regs Address Long-Term Part-Time Employee Participation in 401(k) Plans

"Because the 12-month periods may overlap, some employees may become eligible as LTPT employees even before they have worked 'long term.' ... Upon rehire, it is important to differentiate between employees who were previously eligible for a plan due to being LTPT employees and employees who were eligible for any other reason.... If a plan sponsor mistakenly did not provide LTPT employees eligible as of Jan. 1, 2024, the opportunity to defer on that date, the plan sponsor may need to take corrective action under [EPCRS] ... Even if LTPT employees are excluded from testing, plan sponsors can still make employer contributions on their behalf."   MORE >>

Boutwell Fay LLP

[Guidance Overview]

DOL and IRS Weigh In on PLESAs

"The DOL FAQs provide 20 questions and answers regarding [1] Eligibility and participation, [2] Contributions, [3] Distributions and withdrawals, and [4] Administration and investment.... IRS [ Notice 2024-02 ] provides examples of anti-abuse measures that the Treasury Department and IRS would deem to be unreasonable and therefore cannot be used to limit the frequency or amount of matching contributions made to a PLESA."   MORE >>

Calfee, Halter & Griswold LLP

[Guidance Overview]

IRS Grab Bag Brings Clarity to Certain SECURE Act 2.0 Provisions

"[This article highlights] six pieces of IRS guidance that apply to most employers that sponsor retirement plans and how they impact your compliance efforts. [1] Mandatory automatic enrollment ... [2] Financial incentives for plan participation ... [3] Roth employer contributions ... [4] Self-correction for automatic enrollment employee deferrals ... [5] Terminal illness distributions ... [6] Plan amendment deadlines."   MORE >>

Fisher Phillips

[Guidance Overview]

The New Fiduciary Rule, Part 19: Requirement to Correct Failures with PTE Conditions

"Where a prohibited transaction occurs, the protection of an exemption (PTE) will be needed, e.g., PTEs 84-24 or 2020-02. One of the conditions for obtaining the protection of either of those PTEs is an annual retrospective review and report on compliance with the requirements of the exemptions. If a failure is found in the review, it must be corrected or the benefit provided by the exemptions will be lost."   MORE >>

FredReish.com

Employees See 401(k) Plans as Prerequisite, Not Perk

"85% of respondents expect their employer to offer retirement benefits, up from 72% last year.... [A]mong Vestwell's 401(k) and 403(b) account holders, the average deferral rate in 2023 was 6.4%. While 62% of savers believe they should defer 10% or more of their salary to retire comfortably, only 34% contribute that much."   MORE >>

401(k) Specialist

2025 Social Security COLA Could Be 1.75%

"The January CPI-W came in at 2.9%. That's higher than the inflation trends indicated last month based on December CPI-W data. Based on this trend, The Senior Citizens League (TSCL) is adjusting the long-term forecast COLA to 1.75% in 2025." MORE >>

The Senior Citizens League

State and Local Government Spending on Public Employee Retirement Systems (PDF)

"State and local governments contributed, in aggregate, approximately $221 billion to pension funds in FY 22, which represents an increase of nearly 20 percent from the prior year ... [S]pending on pensions by states and political subdivisions varies widely among states, from under 2.0 percent to more than 10.0 percent."   MORE >>

National Association of State Retirement Administrators [NASRA]

Key Features of an ESOP Distribution Policy

"[1] Timing of distributions: ... [2] Lump sum threshold ... [3] Number of installments ... [4] Minimum annual installment threshold ... [5] Extension for large balances ... [6] Loan repayment delay."   MORE >>

Bradley

[Opinion]

How AI Will Change the Retirement Industry, and How It Won't

"While AI will remove the human element from some tasks, humans will still be necessary for many parts of the processes. AI will be a productivity add-on for every line of business, not a way of replacing administrators, advisers or other professionals in the retirement business.... Where [the authors] see AI having the biggest impact in the near term is digesting communication with your clients.... What an AI solution becomes, then, is a good assistant whispering relevant information in your ear."   MORE >>

planadviser

[Opinion]

A Proposed Salesperson's Exemption to the DOL's Retirement Security Rule

"[O]ne of the most straightforward ways to re-assert a clearer line for consumers between advice and sales is simply for the DoL to permit insurance agents and brokerage representatives to continue to be salespeople… so long as the professional does not hold themselves out as being a financial advisor or market that they offer financial planning.... The benefit of such an approach is that it would allow insurance companies and brokerage firms to continue acting in a purely sales function, without meeting the additional regulatory burdens of being a fiduciary advisor."   MORE >>

Nerd's Eye View

Benefits in General

Tailoring Employee Benefits to Diverse Generations

"With each generation that enters the workforce, so does a unique set of benefit requests that suit their lifestyles, aspirations, and shifting medical needs.... [By] identifying the things that each group values the most, you can begin to craft a benefits program that resonates with each generation."   MORE >>

AssuredPartners

A Term Employers Should Remember: 'Fiduciary Duties'

"The J&J case provides a valuable glimpse into the potential liabilities of being a fiduciary when these duties are not upheld. Fiduciaries that do not adhere to the basic standards of conduct (aka, their fiduciary duties) can very easily find themselves personally liable for restoring any losses to the plan, or for restoring any profits made through improper use of the plan’s assets that result from their actions."   MORE >>

MZQ Consulting, LLC

[Opinion]

A Legislative Framework for Universal Retirement or Paid Family Medical Leave

"[F]ederal legislators are starting substantial conversations to find a viable bipartisan approach that expands retirement or paid family medical leave to cover all U.S. workers. These federal discussions build on the work happening in more than a dozen states, yet the players are not always talking to and learning from each other.... [This article provides] a framework of the seven essential elements to enact sustainable public-private partnerships that create universal retirement and/or paid family medical leave [along with] two elements to leave out of legislation to avoid insolvency, unnecessary constraints and the potential for partisanship."   MORE >>

PLANSPONSOR; free registration may be required

Executive Compensation and Nonqualified Plans

Setting Executive Compensation: Cautions for Public Company Boards and Compensation Committees

"While directors may seek input from an executive, directors have the ultimate responsibility to control the compensation decision-making process.... Boards and compensation committees should retain outside compensation consultants to advise on what is considered reasonable executive compensation.... Directors should be independent of executives, particularly with respect to compensation matters.... All required disclosures to stockholders must accurately describe the material terms of the executive compensation package."   MORE >>

Haynes and Boone, LLP

Selected New Discussions

Does This Match Formula Satisfy Safe Harbor?

"I have a client who wants to do a Safe Harbor plan with the following formula: For each 1% contributed, the Employer will contribute 2% (maximum 5%) So -- if a participant contributes 5% -- they would receive a 10% match (2 for [1] the max comp for Safe harbor is 6% -- the max allowed in the plan is 5% Does this mean that this is a valid Safe Harbor Match Formula? or would i have to separate this between SH Match and Discretionary Match?"

BenefitsLink Message Boards

401(a)(4) Testing Age for a Combo Plan

"Existing DC plan with NRA 65 only Planning to add a DB plan for 2023 with NRA 65/5 YOP Owner is age 64. Under DC plan NRA is 65 Under proposed DB plan NRA is 68 What is the testing age for combo plan? The system is taking the AB and actuarially reducing to age 65 and testing it. I find this a bit skewed and favorable to owner as:

  • less years to project
  • lower AB for testing

What am I missing here?"

BenefitsLink Message Boards

Identifying 'More Than 5%' Owner?

"A 401k plan owns company stock, in fact owns 95% of the company stock. One participant has more that 5% of the company stock within his account balance, no company stock outside plan. Is he a more than 5% own of the company?"

BenefitsLink Message Boards

Press Releases

Webcasts and Conferences(Retirement Plans / Executive Compensation)

Employee Benefits Symposium 2024

February 27, 2024 in MT

Holland & Hart LLP

Form 5500 Workshop

March 19, 2024 VIRTUAL CONFERENCE

FIS Retirement Education

2024 Spring Policy Conference

April 17, 2024 in DC

ERIC [ERISA Industry Committee]

Last Issue's Most Popular Items

EBSA Recovers Over $1.4 Billion for Employee Benefit Plans, Participants, and Beneficiaries in FY 2023

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

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

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