Newsletter for July 20, 2020
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401k Averages Book 20th Edition Infographic
With the release of the 401k Averages Book 20th Edition we have updated our infographic "Are all $5,000,000 401k Plans Created Equal?" …and the findings might surprise you. The infographic compares the average costs of two $5,000,000 401k plan benchmarks. Click here to receive a copy of the infographic and see what we found out.
In This Issue
General Items
Projected 2021 Retirement Plan Limits
Most key Internal Revenue Code limits for qualified retirement plans won't increase in 2021, Mercer projects. The 415(c) maximum annual addition and the 401(a)(17) limit on retirement plan compensation will likely rise to the next rounding increment, but these limits are so close to the rounding breakpoint that even minimal deflation may keep the amounts at the 2020 levels.
Source: Mercer.com
Fiduciary and Plan Governance
Recent Developments in ERISA Plan Investment Regulation
The Department of Labor has issued guidance on private equity in 401k plan designated investment alternatives and a proposed regulation on environmental, social, and governance investing.
Source: Morganlewis.com
»» Click here for more Fiduciary and Plan Governance Material
Insight: Studies, Research, and White Papers
NEPC's Defined Contribution Flash Poll
In the second quarter, NEPC conducted a flash poll on defined contribution plan sponsor views and reactions in light of COVID-19. The findings quell some of the largest fears about the potentially detrimental impact of the pandemic and economic disruption on retirement savings.
Source: Nepc.com
Initial Impacts of Coronavirus on Global Defined Contribution Plans
This 6-page report provides a snapshot of initial policy responses related to participant access to DC plans in various global markets as of May 15, 2020. For context, while the coronavirus pandemic has affected 188 countries, the timing and intensity of the pandemic has varied significantly across the world. Country practices and retirement plan systems vary globally. As such, a country's policy decision may not only reflect their stance towards DC plan assets but also whether the country has a robust safety net or other significant sources of guaranteed income.
Source: Dciia.org
Studies Show Retirement Plan Gains, Resiliency
Retirement plans made gains in 2019 and, although they've been challenged by a pandemic and sudden economic downturn, they show surprising resiliency, two recent studies show. And there is more positive news.
Source: Asppa.org
Despite Challenges, 401k Plan Design Drives Positive Outcomes
Despite a slight decrease, 401k plans that auto-enroll continue to drive far greater participation, according to an annual report that examines the latest trends in participant behavior and plan design. In its 2020 Reference Point report, T. Rowe Price found that in 2019, participation in the firm's auto-enrollment plans was 85.3%, outstripping non-auto-enrollment plans by more than 40 percentage points. Overall, the firm reports that more than 61% of plans at T. Rowe Price automatically enroll participants.
Source: Napa-net.org
Beyond Plan Audit Compliance: Improving the Financial Statement Audit Process
This report was produced by the DOL's ERISA Advisory Council. In this 28-page report, the 2019 ERISA Advisory Council examined the regulations and guidance implementing the independent qualified public accountant annual examination of financial statement requirements under Section 103 of ERISA to determine whether changes could enhance the safety of plan assets, the effectiveness of the plan's design, the efficiency of the plan's operations, and the compliance of the plan with ERISA, the Code, and other applicable laws.
Source: Dol.gov
Voluntary Transfers of Uncashed Checks From ERISA Plans to State Unclaimed Property Programs
This report was produced by the DOL's ERISA Advisory Council. In this 48-page report, the 2019 ERISA Advisory Council explored whether there are circumstances under which a defined benefit or defined contribution pension plan might consider voluntary transfers of uncashed distribution checks to a state unclaimed property program to advance the goal of reuniting participants and beneficiaries who cannot be found or who are nonresponsive with their retirement savings.
Source: Dol.gov
»» Click here for More Studies, Research, and White Papers
Items of Special Interest to Service Providers
401k Sales Will Continue to Fall: Survey
The COVID-19 crisis has hammered retirement plan sales so far this year, and things will likely get worse, according to a report this week from LIMRA's Secure Retirement Institute. Sales were up 17% in the first quarter of the year compared with the first quarter of 2019, though they fell sharply during the second quarter, coming in 21% lower than a year prior, the report found.
Source: Investmentnews.com (registration may be required)
Court and Legal
Retirement Plan Excessive Fee Litigation Heats Up This Summer
Until recently, it appeared that plaintiffs' firms had taken a hiatus from excessive fee litigation targeted at large companies. Now there has been an uptick in fiduciary litigation involving 401k and 403b plans of private employers. Last month, at least three new excessive fee cases were filed in Wisconsin and at least seven additional excessive fee cases were filed in other jurisdictions.
Source: Quarles.com
Coronavirus Benefits Lawsuits Have Begun
Former participants in a 401k profit-sharing plan recently filed suit in Federal court in New Jersey seeking recovery of investment losses allocated to their accounts by the employer-sponsor. The losses were incurred when the employer imposed a special valuation date of April 30, 2020, to reflect the plan's investment losses incurred during the COVID-19 lockdown. This mid-year valuation reduced the account balances available for distribution to the former participants.
Source: Gct.law
»» Click here for more Court and Other Legal Issues
Cyber and Plan Security
New Cybersecurity Decision Highlights Potential Claims Against Plan Sponsors
Based on long-standing ERISA law, it seems likely that plan sponsors will be held accountable for failing to fulfill their fiduciary responsibilities of prudence and loyalty when the vendors they hire allow a breach to occur. However, one reason the law has not been clarified to date is that often these participant claims have been settled quietly. Even a much-publicized lawsuit against Estee Lauder and its plan committee ended up being settled before trial. A pending suit against Abbott Labs could proceed to trial and there have also been two preliminary decisions in another case with the potential to clarify the rules.
Source: Cohenbuckmann.com
»» Click here for more on Cybersecurity Issues
Fiduciary Rule
New DOL Fiduciary Rule Package: What You Really Need to Know
The DOL's new fiduciary rule package, issued on June 29, 2020, has three important components. This article describes in more detail the rules for determining whether a person is a fiduciary (including by way of providing "investment advice" under the "five-part test"), the DOL's views on the "five-part test" and rollover advice, the consequences of being a fiduciary, and the proposed exemption.
Source: Erisapracticecenter.com
The DOL's Fiduciary Rule Prohibited Transaction Exemption May Only Be Needed in Limited Plan Circumstances
Attempting to assess the impact of DOL's newly proposed fiduciary "prohibited transaction exemption" is almost like trying to figure out a Rubik Cube, given all of the moving pieces. But ultimately there may not be many parties who actually will need it. Consider these points when trying to figure out how this new rule affects things.
Source: Businessofbenefits.com
»» Click here for more on the DOL's Fiduciary Rule
Compliance and Regulatory
Finally! Leniency on Those Pesky Annual Notice Deliveries
Recognizing that over the last 20 years, technology and the workplace have changed, the DOL published a new e-delivery safe harbor at the end of May. In it, the DOL allows a plan sponsor to distribute annual notices and required disclosures to participants via a variety of electronic and virtual channels if they initially provide notice of internet availability.
Source: Francisinvco.com
IRS Issues Operational Compliance List for 2020
The IRS issued the 2020 Operational Compliance List for tax-qualified retirement plans. The Operational Compliance List is mandated by IRS Rev. Proc. 2016-37 and notifies plan sponsors and service providers of changes to the tax-qualification requirements that became effective during the 2020 calendar year.
Source: Westlaw.com
»» Click here for more Compliance and Regulatory Material
Marketplace News
Lincoln Rolls Out "Next-Generation" 401k Auto Feature: Auto Income
Vanguard to Outsource Its Retirement Plan Recordkeeping Operations
DOL Announces Appointments to ERISA Advisory Council
Alight to Offer Retirement Clearinghouse Auto Portability Solution
Alliance Partners With iJoin for 401k and 403b Offering
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