Use of RFPs Versus RFIs Contrast for Plan Sponsors

Help for 401k Plan Sponsors and Retirement Professionals


Newsletter for June 12, 2023

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In This Issue


Fiduciary and Plan Governance

Use of RFPs Versus RFIs Contrast for Plan Sponsors

When employers execute vendor searches for benefit providers, they must decide whether to RFP or to RFI, as plan sponsors use nuanced, different approaches to issuing a request for a proposal or one for information.

Source: Plansponsor.com

ERISA Bond: What Is It and Do I Need One?

Almost every sponsor of every tax-qualified retirement plan must obtain a fidelity bond under section 412 of ERISA. Despite the broad application of this requirement, a surprising number of plan sponsors are unaware of this requirement and do not have a bond at all or do not have a bond in the proper amount. This article helps explain the requirement to ensure that those who are subject to this requirement satisfy it.

Source: Legacyrsllc.com

»»  Click here for more Fiduciary and Plan Governance Material

Insight: Studies, Research, and White Papers

How Well Do People Perceive Their Retirement Preparedness?

This article examines whether households have a good sense of their retirement preparedness, do their expectations match the reality they face? Understanding households' self-assessed retirement preparedness is important because misperceptions can distort saving behaviors. Households that are not worried enough about their retirement income may not save enough even if they have the opportunity; households that are too worried may unnecessarily sacrifice their pre-retirement standard of living.

Source: Bc.edu

Auto-enrollment is Highly Effective But Often More Costly

For years, auto-enrollment has been considered the gold standard by employers and retirement experts, and its popularity has grown since federal legislation in 2006 removed some of the legal barriers that kept employers from trying it. Given how effective auto-enrollment is, however, a study on Army personnel provided new information that may explain why more companies have not adopted it: cost.

Source: Bc.edu

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

Items of Special Interest to Service Providers

Small Business Retirement Plan Options - 2023

This chart compares the four common types of plan designs often utilized by small employers.

Source: Consultrms.com

How Financial Advisors Can Prepare for Those 401k Potential Client Meetings

When meeting potential plan sponsor clients, advisors can't always be "closing." Because getting hired is fully dependent on the potential client. This article is about arranging a meeting with potential clients and what you need to do.

Source: Jdsupra.com

403b Plans

Two Seemingly Oblique, But Valuable, SECURE 2.0 403b Gems

Because the Tax Code did not make any provision for the 403b MEP, each of the employers participating in these arrangements is treated (for tax code compliance purposes) as each sponsoring their own 403b plans. This has worked quite well for several years, except for a couple of issues. This is where SECURE 2.0 obliquely provided significant relief in a couple of nice "gems."

Source: Businessofbenefits.com

Will the Long-Term Part-Time Rules Eliminate the Permitted Exclusions for 403b Plans?

SECURE 2.0 enhanced the Long-Term Part-Time rules of Secure 1.0 by making them applicable to 403b plans. Since employees are more likely to contribute to an employer-sponsored retirement arrangement than an Individual Retirement Account, and more Americans are working part-time since the pandemic, SECURE 2.0 requires that employees who work between 500 and 999 hours for two consecutive years be permitted to defer into their 403b plans effective plan years beginning in 2025.

Source: Belfint.com

»»  Click here for More 403b Material

Court and Legal

American Airlines Pilot Sues Company 401k Over "Woke" ESG Investing

In a case sure to be closely watched by the retirement industry, a senior American Airlines pilot is suing his employer. Proposed class action claims airline's retirement plan is filled with investments that pursue "leftist political agendas" through environmental, social, and corporate governance strategies.

Source: 401kspecialistmag.com

Interpreting the DOL's Amicus Brief and its Potential Impact on the Future of 401k Litigation

The need for plans to address these fiduciary prudence and cost-inefficiency issues has become even more important in light of a recent amicus brief filed by the DOL addressing the issue of which party has the burden of proof concerning the issue of causation of damages in 401k/403b litigation. While there is a split within the federal courts on this issue, the DOL's brief provides a persuasive argument that the burden of proof belongs to plan sponsors, not plan participants.

Source: Fiduciaryinvestsense.com

Participants Prevail at Pleading Stage on Excessive Fee Claim Against Mega 401k Plan

Participants in a "mega" 401k plan brought this lawsuit claiming that their employer and plan benefits committee breached their fiduciary duty of prudence by allowing the plan to pay excessive bundled recordkeeping and administrative fees, and that the employer and its board of directors breached their duty to monitor those fees. The court denied the employer's motion to dismiss the case under the Seventh Circuit's "newly formulated pleading standard" for this type of fiduciary breach claim.

Source: Thomsonreuters.com

»»  Click here for more Court and Other Legal Issues

Legislative and Washington DC

ERIC Highlights Key Areas of Confusion on SECURE 2.0

The ERISA Industry Committee sent an open letter to the Department of the Treasury and Internal Revenue Service asking for clarification on various provisions in the SECURE 2.0 Act of 2022, including the student loan match, Roth catch-up contributions, and Roth matching contributions.

Source: Planadviser.com

»»  Click here for more on Legislative and Washington Actions

State-Based Private-Sector Retirement Programs

Three More States Advance Auto-IRA Programs

Three more states -- Pennsylvania, Vermont and Nevada -- are entering the final stages of passing legislation to enact state-run automatic IRA programs, joining a growing list of states that are turning to such programs to increase access to retirement savings for workers lacking a workplace retirement plan.

Source: 401kspecialistmag.com

Compliance and Regulatory

New Optional In-Service Withdrawal Right for Domestic Abuse Victims

SECURE 2.0 allows plan sponsors of defined contribution plans to amend their plans to allow plan participants who are victims of domestic abuse to make penalty-free early withdrawals from their retirement plans, beginning on or after January 1, 2024. The inclusion of such a provision is intended to give plan participants sufficient funds to escape an abusive situation and is exempt from the 10% early distribution penalty.

Source: Graydon.law

The ABCs of IRS FAQs on EPCRS Under SECURE 2

Retirement plan sponsors eager to start self-correcting inadvertent errors using the relaxed rules under the SECURE 2.0 Act of 2022 will welcome new interim IRS guidance. Notice 2023-43 explains how sponsors may proceed with error corrections under SECURE 2.0's expansion of the Employee Plans Compliance Resolution System, pending official updates to Rev. Proc. 2021-30, the current version of the EPCRS.

Source: Mercer.com

Long-Term Part-Time Employees

The Setting Every Community Up for Retirement Enhancement Act of 2019 added mandatory coverage in 401k plans for workers who are considered long-term part-time employees. LTPT employee coverage in 401k plans begins January 1, 2024. Now is the time to start planning for LTPT employees' inclusion.

Source: Newfront.com

»»  Click here for more Compliance and Regulatory Material

Marketplace News

SoFi at Work Launches Student Loan Debt Repayment Service

Cetera Buys $1.4 Billion RIA Firm

Introducing the 2023 Top 100 D.C. Wholesalers


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