2022 401k and Retirement Plan Limits Announced

Help for 401k Plan Sponsors and Retirement Professionals


Newsletter for November 8, 2021

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In This Issue


Compliance and Regulatory

2022 401k and Retirement Plan Limits Announced

On November 4, 2021, the Internal Revenue Service announced that employees in 401k plans will be able to contribute up to $20,500 next year. The IRS announced this and other changes in Notice 2021-61. This guidance provides cost of living adjustments affecting dollar limitations for pension plans and other retirement-related items for tax year 2022. Chart and details here.

Source: 401khelpcenter.com

2021 Year-End Preparation for Benefit Plans

As 2021 barrels toward its end and the focus is on infrastructure and tax legislation, don't lose sight of important 2021 legislative and regulatory deadlines. With that in mind, here is a list of benefits and compensation items to be sure to check off your list before 2021 concludes.

Source: Ipbtax.com

EPCRS Update Brings Good News for Plan Sponsors

Rev. Proc. 2021-30 is the latest iteration of the IRS correction program -- Employee Plans Compliance Resolution System -- that enables plan sponsors and the retirement industry to sleep at night knowing that plan errors can be corrected and may retain their all-important tax-favored status. In this article, Groom’s Elizabeth Dold and David Levine outline the few, key changes that were made to the Self-Correction Program, Voluntary Correction Program, and the Audit Closing Agreement Program, and Voluntary Audit Cap via EPCRS.

Source: Groom.com

Time Running Out to Issue Plan Notices

It is again time for plan sponsors to distribute their annual notices to participants. Outside of the normal changes to plan COLAs and investment expense ratios, plan sponsors will want to consider and incorporate any changes made to their plan in the past year into this year's annual notice. As a reminder, the 401k safe harbor, qualified default investment alternative, and automatic enrollment notices must all be sent to plan participants between 30-90 days before the beginning of the plan year (i.e., no later than December 2nd for calendar year-end plans), and may be combined into a single document.

Source: Graydon.law

ERISA Bonding Requirements and Compliance Testing

ERISA bonding requirements and compliance testing, although not necessarily related, are two of the compliance matters auditors commonly look at during an audit. It is important for plan fiduciaries to be aware of the overall purpose of the bonding requirements and the compliance tests and be familiar with the correction methods and deadlines.

Source: Berrydunn.com

The Who, What, Where, Why, and How of Retirement Plan Audits

You (or your client) may have just found out that an audit is required for its retirement plan. Many questions may be running through your head such as Why must an audit be performed? What must be audited? Who performs audits? Who is required to have an audit? How is an audit performed? Well, it's your lucky day, because this blog will address these burning questions. If your plan already requires an audit, this article may still provide benefits by uncovering facts that you didn't know.

Source: Belfint.com

»»  Click here for more Compliance and Regulatory Material

Fiduciary and Plan Governance

Benchmarking Your Retirement Plan Committee

While there is no perfect number of committees or committee members, their construction, monitoring, and maintenance are critical to their effective operation, as is the design of the plan functions they oversee. Little wonder that over the years, Plan Sponsor Council of America members have been curious as to the experience of other organizations, how and how often these bodies are benchmarked, how many and who participate, as well as how often they convene to comply with those needs. In response to these inquiries, PSCA conducted a snapshot survey in April 2021 to answer these questions. PSCA received responses from 255 plan sponsors representing a range of industries and plan sizes.

Source: Napa-net.org

Misuse of Participant Confidential Data

The DOL has become highly focused on the cybersecurity practices of plan sponsors and their service providers and has begun asking comprehensive cybersecurity questions in plan audits. It seems clear the DOL is concerned not just with theft of plan data or assets, but also with the misuse of confidential participant data.

Source: Wagnerlawgroup.com

What are Prohibited Transactions in Retirement Plans?

What exactly is a prohibited transaction? A transaction between the qualified plan and anyone listed here is considered a prohibited transaction unless there is a statutory exemption allowing for the transaction to occur.

Source: Consultrms.com

Switching Retirement Plan Providers in a Changing Market

Considering the consolidating market for recordkeepers, one might wonder whether looking to move a retirement plan to a new service provider is worth the effort. Yet, shopping around by soliciting requests for proposals, for instance, can yield important intelligence regarding the state of pricing and the level of services being offered. For example, employers with DC retirement plans, DB pension plans, and stock-compensation plans could find opportunities to save time and money by consolidating the administration of all of those plans with one provider.

Source: Shrm.org

Fiduciaries: Assuming Additional Responsibilities for Retirees Is Rife With Questions

Should a 401k plan sponsor take on the additional fiduciary liability associated with retirees? Deciding whether to encourage participants to leave account balances in the plan through retirement should not be based solely on considerations like accumulation of assets in the plan, the offsetting of administrative fees, and the ability to offer very low-cost funds. Using only these factors may lead to unexpectedly difficult questions with no clear answers. Thus, when contemplating whether to encourage participants to leave account balances in the plan, consider the questions outlined here.

Source: Keightleyashner.com

»»  Click here for more Fiduciary and Plan Governance Material

General Items

"Absurd" 401k Plan Sponsor Facts That Are 100% True

When it comes to retirement plans, there are absurd things that make no sense but are true. The problem is that plan sponsors don't know about these things before it's too late. So this article is about absurd things regarding 401k plans that are true.

Source: Jdsupra.com

SIMPLE IRAs vs 401k Safe Harbor Plans - 2021

This outline compares a SIMPLE IRA with a safe-harbor 401k plan and is especially important for employers who must cover participants other than just the owners.

Source: Consultrms.com

Items of Special Interest to Service Providers

The Unbelievable Value of 401k Participant Data

It's incredibly powerful (and profitable) but when it comes to who "owns" participant data, there's a palpable tension between recordkeepers and advisors.

Source: Royle.com

Court and Legal

Use Fiduciary Underwriting Factors to Stop Meritless Excessive Fee Cases Being Filed Against Prudent Plan Sponsors

Fiduciary underwriting company Euclid Fiduciary filed an amicus brief in Hughes v. Northwestern case before the Supreme Court, urging the Court to provide guidance to district courts to use the same factors that inform fiduciary underwriting to weed out meritless cases alleging inaccurate and misleading claims against the fees and investments in retirement plans.

Source: Euclidspecialty.com

SCOTUS May Soon Decide Fate of Many 401k Fee Suits

A forthcoming decision by the Supreme Court could either stem the number of retirement-plan fee lawsuits being filed or it could encourage plaintiffs' law firms to continue filing them at the fast pace seen in recent years. Numerous trade groups and other organizations have been flooding the court with briefs in support of Northwestern University, while at least one group of organizations is against it.

Source: Investmentnews.com (registration may be required)

»»  Click here for more Court and Other Legal Issues

Marketplace News

2022 401k and Retirement Plan Limits Announced

Fi360 Announces Formation of "Lifetime Income Consortium"

OneAmerica Launches Plan as Alternative to MEPs, PEPs

Newport Group to Merge With Ascensus

Firms Partner to Offer a Retirement Plan Solution for Small- and Mid-Sized Businesses


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