Newsletter for May 20, 2019
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Infographic: Breakdown of Small Plan 401k Fees
A new infographic "Breakdown of Small Plan 401k Fees" has been created in conjunction with the release of the 401k Averages Book 19th Edition. Please feel free to use the visually appealing infographic for your clients and prospects. The 401k Averages Book remains the most recognized source for comparative, non-biased 401k average cost information. Click here to get your copy of the infographic.
In This Issue
Items of Special Interest to Service Providers
Cross-Selling Poised to Be Next 401k 'Battleground' Issue
Abstract: Cross-selling products and services to 401k plan participants -- on the part of both recordkeepers and financial advisers -- is shaping up to be among the most contentious issues in the retirement-plan market. The issue comes down to the use of participants' data: Should service providers and advisers be able to use individuals' information, such as investment choices and proximity to retirement, to market and sell non-retirement-plan-related products to them?
Source: Investmentnews.com (registration may be required)
Are Recordkeepers Friend or Foe to 401k Advisers?
Abstract: As they introduce new products and services, recordkeepers of defined contribution plans are infringing on 401k advisers' traditional turf and threaten to lure away clients. They are offering services to retirement plan participants that are raising the hackles of RPAs.
Source: Investmentnews.com (registration may be required)
Fiduciary and Plan Governance
401k Financial Advisors: Core Responsibilities and Risks
Abstract: This guide is aimed at helping you avoid getting stuck with a sub-par advisor who prevents your plan from flourishing. It describes what a 401k financial advisor can do for your business.
Source: Forusall.com
»» Click here for more Fiduciary and Plan Governance Material
Insight: Studies, Research, and White Papers
The Cobbler's Shoes: How Asset Managers Run Their Own 401k Plans
Abstract: Callan analyzed the practices of asset managers in running their own 401k plans, using U.S. Department of Labor data from 2016 and comparing that dataset to a broader population of 55,000 plans. The 26-page analysis shed light on how the investment management industry, the ultimate stewards of 401k plans, performed on the key issues of participant behavior and investment design in the plans for its own employees.
Source: Callan.com
Defined Contribution Plans and the Challenge of Financial Illiteracy
Abstract: Study analyzes data from the 2015 National Financial Capability Study to show that people whose only exposure to investment decisions is by virtue of their participation in an employer-sponsored 401k plan are poorly equipped to make sound investment decisions. This lack of financial literacy is critical both because of the financial consequences of poor financial decisions and because of a legal structure that relies on participant choice to limit the fiduciary obligations of the employer with respect to the structure and options provided by the retirement plan.
Source: Ssrn.com
»» Click here for More Studies, Research, and White Papers
403b Plans
IRS Indicates 403b Initiatives Coming This Summer
Abstract: IRS officials have recently indicated that the agency expects to launch audit initiatives this summer targeting 403b plan compliance. However, 403b plans are in a remedial amendment period, and the IRS has offered much help for them to be in compliance with regulations.
Source: Planadviser.com
»» Click here for More 403b Material
Court and Legal
Excessive Fee Suit Filed Against Greystar Management
Abstract: A participant in the Greystar 401k Plan has filed a proposed class-action lawsuit against the property management firm alleging it breached its fiduciary duties under ERISA by allowing excessive administrative and investment fees to be charged. The less than $250 million plan is accused of failing to employ a prudent and loyal process in evaluating investment and administrative fees.
Source: Planadviser.com
»» Click here for more Court and Other Legal Issues
Legislative and Washington DC
New Bill Means Major Increase in RMD Age
Abstract: Four-and-a-half years is pretty significant in your 70s, but that's how much longer seniors could wait to take required minimum distributions under a new Senate bill. The Retirement Security & Savings Act would increase the age for required minimum distributions to age 75 by 2030.
Source: 401kspecialistmag.com
Legislation Paves Way for Retirement Match on Student Loan Repayments
Abstract: A key member of Congress has reintroduced legislation that would permit 401k, 403b, SIMPLE, and governmental 457b retirement plans to make matching contributions to workers as if their student loan payments were salary reduction contributions.
Source: Napa-net.org
»» Click here for more on Legislative and Washington Actions
Cyber and Plan Security
Stealing From Colleagues? Fraud and Embezzlement in 401k Plans
Abstract: Fraud and embezzlement occur more routinely in the world of 401k (and other employee benefit) plans than any would like to believe. It's hardly accidental that the DOL and the IRS remain keenly interested in the incidence of fraud and embezzlement in 401k plans. Their level of scrutiny will not decrease, and plan sponsor's fiduciary obligations and vigilance practices will continue to require oversight by ERISA professionals.
Source: Lexology.com
Cybersecurity Retirement Risks Trouble Benefits Leaders
Abstract: The $5 trillion in retirement plans have become a "tempting target" for hackers to access sensitive information held by plan providers in the industry, so two legislators asked the Government Accountability Office to examine data protections, processes and procedures within the private retirement system.
Source: Workforce.com
Driving Cybersecurity With Participants and Providers
Abstract: Among a plan sponsor's responsibilities, encouraging and enforcing cybersecurity are not the first tasks that come to mind. But, as modern technology takes over the common workplace, the concept of cybersecurity for retirement plans has started to see attention. Plan sponsors should evaluate providers' cybersecurity practices, but there are also steps they and plan participants can take to safeguard retirement accounts.
Source: Planadviser.com
»» Click here for more on Cybersecurity Issues
State-Based Private-Sector Retirement Programs
20,000 Savers So Far in New Oregon IRA
Abstract: To get Oregon workers better prepared, the state took the initiative in 2017 and started rolling out a program of individual IRA accounts for workers without a 401k on the job. More than 60 percent of the workers so far are sticking with the program. As of last November, about 20,000 of them had accumulated more than $10 million in their IRAs.
Source: Bc.edu
Colorado Set to Join Auto-IRA Parade
Abstract: A measure that would create a board to study appropriate approaches to increase retirement savings by private-sector workers in Colorado reached the desk of Gov. Jared Polis on May 13 and awaits his signature. Senate Bill 19-173 calls for the creation of a Colorado Secure Savings Plan Board that would study the feasibility of creating a Colorado Secure Savings Plan to increase retirement saving by private-sector workers in Colorado.
Source: Napa-net.org
Compliance and Regulatory
Beyond Compliance: Auditing 401k Plans
Abstract: Auditing 401k plans may not be the most exciting or glamorous function ERISA attorneys, tax advisors, or CPAs supervise, but -- for the employers/clients out there who sponsor 401k plans -- it's important to think about a 401k audit as more than just a means of detecting basic compliance issues.
Source: Allthingserisa.com
ERISA Advisory Council to Review State Unclaimed Property Fund Procedures
Abstract: The 2019 Advisory Council on Employee Welfare and Pension Benefit Plans, has said that it will be reviewing transfers of uncashed checks from ERISA plans to state unclaimed property funds and the procedures states use with those funds. The review is relevant to the effort to locate plan missing participants and provide them their funds.
Source: Napa-net.org
IRS Provides Welcome Relief From High VCP Fees
Abstract: With Revenue Procedure (Rev. Proc.) 2019-19, the IRS updates the Employee Plans Compliance Resolution System by expanding the availability of self-correction options for more kinds of plan failures. The IRS anticipates that this expanded guidance will increase plan compliance and reduce some costs for employers.
Source: Ascensus.com
New IRS Rules Allow Retirement Plan Sponsors to Self-Correct Broader Range of Plan Failures
Abstract: The IRS recently issued a new version of its Employee Plans Compliance Resolution System that gives sponsors of tax-qualified retirement plans additional options for self-correcting plan failures. The new EPCRS allows plan sponsors to use the Self-Correction Program in several circumstances, rather than requiring a Voluntary Compliance Program filing with the IRS and payment of the applicable user fee.
Source: Hansonbridgett.com
»» Click here for more Compliance and Regulatory Material
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