Newsletter for April 29, 2019
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In This Issue
Fiduciary and Plan Governance
401k Investment Committee Requirements Are Clear
Abstract: 401k investment committees have a fiduciary responsibility to regularly monitor and periodically evaluate the quality of a plan's investment funds. However, the research is varied on whether or not a 401k investment committee's practice of swapping out the funds in a plan's investment menu actually results in better performance and improved outcomes.
Source: 401ktv.com
Tax Law Fallout Yields These Five Fiduciary Facts for Retirement Savings
Abstract: Just as accounting firms and the CPAs that inhabit them can finally breathe a sigh of relief, a sudden realization has overtaken their tried-and-true maxims. The calculus for retirement saving has shifted dramatically. This can bear heavily on the retirement plan fiduciary. Why? Because it may no longer be in some people's best interest to save for retirement in the manner they've grown accustomed to.
Source: Fiduciarynews.com
The Need to Investigate Collective Trusts
Abstract: Some recent Courts decisions have taken different approaches to the issue of a plan fiduciary's obligation to consider collective trusts and insurance company separate accounts as alternative investments to mutual funds.
Source: Wagnerlawgroup.com
»» Click here for more Fiduciary and Plan Governance Material
General Items
How do You Maximize Contributions to Your Plan With a Triple Stack Match?
Abstract: Safe harbor plans guarantee that the HCEs and key employees will be able to contribute the maximum deferral amount -- $19,000 in 2019 without catch-up -- but not necessarily the maximum annual addition under Code Section 415. In those cases, the triple stack match formula may be the solution.
Source: Belfint.com
Insight: Studies, Research, and White Papers
Retirement Delayed: Working Past 65 Hits 57-Year High
Abstract: More older Americans are staying in the workforce past traditional retirement age and they tend to be highly educated, pushing up incomes for older workers. As of February, more than 20% of Americans aged 65 or older are working or looking for work, doubling the percentage from a low of 10% in 1985.
Source: 401kspecialistmag.com
Morningstar: DC Investment Menu Moves Matter
Abstract: Morningstar researchers found what they termed "significant evidence" that replacement funds outperformed the replaced fund over both future one-year and three-year periods. The researchers noted as the "most surprising" finding, more specifically "unexpected in the context of past research, which has generally noted that replacement funds do no better (or worse) than the funds being replaced."
Source: Napa-net.org
Nearly One-Third of Employers Embracing Student Loan Debt Programs
Abstract: Nearly one-third of employers, 32.4%, offer or are planning to offer some student loan debt program, such as debt consolidation, refinancing or employer-paid subsidies, according to EBRI's 2018 Financial Wellbeing Survey. Among those that are, they are more likely than others to have measured their employees' financial wellness.
Source: Planadviser.com
»» Click here for More Studies, Research, and White Papers
Items of Special Interest to Service Providers
Recordkeeper Consolidation Creates a Smaller Pool of Plan Sponsor Choices
Abstract: The announcement of Principal's acquisition of Wells Fargo's retirement plan business further reduced the list of recordkeepers from which plan sponsors can choose. The trend of recordkeeper consolidation has been ongoing since at least 2009. Recordkeeper consolidation is ongoing, but it offers an opportunity for plan sponsors to secure better services and software, and better fees.
Source: Plansponsor.com
403b Plans
Time to Review Your 403b Plan
Abstract: Because of a March 2020 deadline set by the IRS to implement a "safe harbor plan," many companies are now taking the time to review their 403b plans and ensure the plan and plan documentation meets IRS requirements.
Source: Hallbenefitslaw.com
»» Click here for More 403b Material
Court and Legal
Fee Litigation 2018 Round-Up: Recent Developments and Best Practices to Mitigate Risk
Abstract: The enhanced role of 401k and 403b plans has put increased pressure on plan performance and, since 2006, has led to multiple waves of ERISA litigation challenging the fees and the selection of mutual fund and other investments offered in these plans. This article explores important fee litigation developments from late 2017 forward.
Source: Jacksonlewis.com
Settlement in Vanderbilt 403b Case Raises Plan Data Questions
Abstract: The extent to which individuals should have control over their personal information and the data they generate in the on-line world has seized center stage in our national conversation. A new proposed settlement in Cassell v. Vanderbilt Univ. highlights the importance of these issues in the retirement plan marketplace.
Source: Groom.com
»» Click here for more Court and Other Legal Issues
Multiple Employer Plans (MEP)
The Future Open-MEP Market
Abstract: Legislation in the U.S. House proposes sweeping changes that could disrupt the current status quo in the retirement industry, increase the attractiveness in having a retirement plan for small employers, and result in an archetype shift for the advisers and recordkeeping providers who serve them. There are two potential pathways for the broad adoption of open multiple employer plans by small businesses, one driven by advisers and the other by recordkeepers.
Source: Planadviser.com
»» Click here for more on Multiple Employer Plans
State-Based Retirement Programs
New Jersey to Require Certain Employers to Participate in a State "Auto-IRA" Retirement Program
Abstract: New Jersey became the sixth state to pass legislation requiring that certain employers offer to employees a state-sponsored individual retirement account program with automatic enrollment and pre-tax payroll deduction contributions.
Source: Ebglaw.com
Compliance and Regulatory
DOL Enforcement Results and Priorities
Abstract: The DOL's Employee Benefits Security Administration recently released 2018 statistics for its enforcement of ERISA. When combined with EBSA's recent commentary on its enforcement initiatives, fiduciaries can be better prepared to address compliance issues before a DOL audit. This is an analysis of the recently released 2018 statistics, as well as a look at the "national enforcement projects" for EBSA investigators.
Source: Euclidspecialty.com
IRS Makes Significant Improvements to EPCRS in Rev. Proc. 2019-19
Abstract: Effective April 19, 2019, new rules under the Employee Plans Compliance Resolution System will greatly expand the types of disqualifying defects that may be corrected under the Self-Correction Program. SCP is a component of EPCRS under which certain types of disqualifying defects may be corrected without the need for an IRS filing or payment of a user fee. For many years, Congress and the private sector have urged the IRS to expand SCP. This expansion is a welcome update to EPCRS containing significant and beneficial improvements to the program.
Source: Truckerhuss.com
Proposed Overtime Rule May Affect Employee Benefit Plans
Abstract: A recent DOL proposal would increase the salary and compensation levels for workers to be exempt from minimum wage and overtime requirements under the Fair Labor Standards Act. DOL estimates about a million people could become eligible for overtime under the revised salary thresholds. Along with assessing the proposal's direct impact on payroll, employers should evaluate the possible indirect impact on some employee benefit plans.
Source: Mercer.com
»» Click here for more Compliance and Regulatory Material
Marketplace News
401k Marketing Survey Opens to Retirement Plan Advisors
Morningstar Launches RIA Managed Retirement Accounts Platform
LeafHouse to Help Integrate ESG Investments into Retirement Plans
»» Click here for More Marketplace News
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