Important Considerations for the RFP Process

Help for 401k Plan Sponsors and Retirement Professionals


Newsletter for September 8, 2020

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In This Issue


Fiduciary and Plan Governance

Important Considerations for the RFP Process

Selecting a defined contribution plan recordkeeper, financial adviser, or another service provider through a request for proposals process can ensure it is best suited to the plan. When conducting a service provider request for proposals, being specific can help ensure the plan and participant needs are met, as well as compliance with fiduciary duties.

Source: Plansponsor.com

»»  Click here for more Fiduciary and Plan Governance Material

Insight: Studies, Research, and White Papers

How Might Coronavirus-Related Distributions Impact Retirement Benefits?

The CARES Act allows greater access to defined contribution plan balances. In this 1-page report, EBRI considers the impact on the future retirement security of American workers.

Source: Ebri.org

Few Divorcing Couples Know About QDROs

The GAO sent a report to the Senate Health, Education, Labor, and Pensions Committee, "Retirement Security: DOL Could Better Inform Parties About Dividing Savings," in which it explored how often divorcing parties seek access to their spouse's retirement savings. The overwhelming result was that very few do. Older couples and women, in particular, are often put at a retirement disadvantage when faced with a divorce, a GAO report finds.

Source: Planadviser.com

Pandemic Prompts Shifts in Attitudes About Employee Benefits

Employees are mostly satisfied with their company's response to COVID-19, but there has been a change in sentiment concerning employee benefits, according to a series of surveys. The Hartford's Future of Benefits Study, which polled U.S. workers and human resources benefit decision-makers in early March 2020 just before the COVID-19 outbreak and again in mid-June, found that many employees continue to view their benefits positively, but their perceived value of the benefits provided and their trust in the company to make the best benefits decisions have declined.

Source: Ntsa-net.org

»»  Click here for More Studies, Research, and White Papers

Items of Special Interest to Service Providers

DOL Takes Fire From All Sides on Fiduciary Advice Proposal

The Department of Labor heard from an array of witnesses on its proposed fiduciary advice rulemaking package, ranging from calls to withdraw the proposal altogether to making significant changes before proceeding. In the nearly six-hour-long virtual hearing -- which experienced a few technical difficulties -- the DOL heard from six panels comprised of 21 witnesses where the arguments could generally be broken into four groups.

Source: Napa-net.org

Advisors Talk About Fraud in 401k Plans

It is well known that fraud follows the money, so it may seem like it was only a matter of time before fraudsters expanded into what are many consumers' largest individual accounts: their 401k plans. The Secure Retirement Institute has been exploring the evolution of this threat with consumers, plan sponsors, and major recordkeepers. In a recent survey, the SRI asked more than 250 financial advisors in the defined contribution industry to describe the impact of financial fraud and the importance of fraud prevention programs within the institutional retirement space.

Source: Insurancenewsnet.com

The Rising Tide of the Roth 401k

Many employer-sponsored retirement plan participants are conflicted in deciding which type of account is best for their 401k contributions: traditional or Roth? Often having no idea which is best for their situation, they need the help of an advisor. You can advise them with confidence if you know just two things.

Source: 401kspecialistmag.com

403b Plans

New SECURE Act Guidance: Lifetime Income Disclosures for 401k and 403b Plans

The DOL announced new guidance on lifetime income disclosures that must be included in pension benefit statements furnished to participants in defined contribution plans, such as 401k and 403b plans. This guidance, issued in the form of an interim final rule, sets forth the rules that plan administrators must follow in implementing the lifetime income disclosure requirement that was added to ERISA by Section 203 of the 2019 SECURE Act.

Source: Insidecompensation.com

»»  Click here for More 403b Material

Court and Legal

A "Vaccine" for COVID-19 ERISA litigation

ERISA litigation tends to spike when economic uncertainty or turmoil rises. Although many things contribute to this historically verifiable trend, it is easiest for employers to think about just two of them. First, an employer-sponsored retirement plan, like a 401k or pension plan, is likely to suffer from market volatility. Second, employer-sponsored health and welfare plans will see upticks in claims issues during a health crisis. Here are some key considerations and preventive measures that every plan sponsor and fiduciary can monitor and implement to avoid a COVID-19-related spike in ERISA litigation.

Source: Constangy.com

Latest 401k Lawsuit Filed in an Avalanche of COVID-19 Litigation

B. Braun Medical is among the latest companies sued so far this year in an unusual wave of 401k litigation. That company, which was sued Aug. 26 in U.S. District Court in the Eastern District of Pennsylvania, is among more than 60 others facing new claims this year, according to an analysis by Bloomberg Law.

Source: Investmentnews.com (registration may be required)

»»  Click here for more Court and Other Legal Issues

Legislative and Washington DC

Election 2020: Retirement Policy Positions

We are nearing the final stretch of the 2020 campaign. What have the parties proposed for the future of the U.S. retirement system? Here is a chart that summarizes the policy documents prepared by the parties outlining their goals for both the private retirement system and Social Security.

Source: Groom.com

»»  Click here for more on Legislative and Washington Actions

Cyber and Plan Security

The Uncertain Legal Landscape for Plan Fiduciaries Over Cybersecurity Challenges

It is hard to imagine that the drafters of ERISA envisioned a day would come when retirement plans would be administered electronically and distribution of paper notices and disclosures to plan participants might become a thing of the past. However, the retirement industry seems to be swiftly moving that direction. This creates a new liability source for the plan and its service providers.

Source: Wagnerlawgroup.com

»»  Click here for more on Cybersecurity Issues

Compliance and Regulatory

Retirement Plan Records: To Purge, or Not to Purge

Record retention rules are found in both the DOL Regulations and ERISA, plus there are statutes of limitation concerning plan sponsor liability for just about everything administrative in a retirement plan. While most plans have policies for loans, investments, and qualified domestic relations orders, very few plan sponsors seem to have a record retention policy to provide guidance on what to retain, what to purge, and when to do it all. Depending on the document category, there are different standards for how long documents need to be kept.

Source: Ferenczylaw.com

Coronavirus-Related Relief for Retirement Plans

Section 2202 of the CARES Act, enacted on March 27, 2020, provides for special distribution options and rollover rules for retirement plans and IRAs and expands permissible loans from certain retirement plans. In these questions and answers, the IRS provides Coronavirus-related relief for retirement plans and IRAs.

Source: Irs.gov

IRS Requesting Comments on Form 5500

The IRS is soliciting comments concerning the Form 5500 Annual Return/Report of Employee Benefit Plan. Proposed changes include adding a new checkbox to Form 5500, Form 5500-SF, and Form 5500-EZ for an initial plan retroactively adopted as permitted by the SECURE Act Section 201 and adding checkboxes for requesting an extension of time.

Source: Planadviser.com

IRS Q&As Tackle Auto-Enrollment Credit, Part-time Vesting, Adoption

The IRS has provided some answers to questions concerning the small employer automatic enrollment credit, part-time vesting rules, and other provisions under the SECURE Act. IRS Notice 2020-68, issued September 2, provides guidance on some of the outstanding SECURE Act issues in a questions and answers format.

Source: Napa-net.org

»»  Click here for more Compliance and Regulatory Material

Marketplace News

EdgeCo Brings Unified Trust Under Its American Trust Umbrella


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