When employees decide to retire could depend on a number of factors, including their accumulated vested assets in a company’s plan. Another key variable might be Social Security. While an individual’s best Social Security benefit “claiming strategy” may not always be easy to determine, online calculators can help. The Elements of Choosing When to Retire [...]
The IRS’ determination letter program allowed sponsors of individually designed retirement plans to receive a routine determination letter, which is a periodic official regulatory compliance seal of approval that the IRS grants to benefit plans. While the recent decision to end this program has left many plan sponsors and their advocates uneasy, the IRS may [...]
When a fiduciary breach occurs, some fiduciaries may be more culpable than others. In such cases, a court can order those parties to indemnify other fiduciaries who were, despite their technical status as fiduciaries, without blame. That ruling was the opinion of the U.S. Court of Appeals for the Seventh Circuit in a recent case. [...]
Riddle Me This: Why Offer a Hardship Withdrawal Option? Plans that do not offer a hardship withdrawal option are still subject to “plan leakage.” In other words, employees’ retirement dollars prematurely leave the plan due to hardship withdrawals, plan loans going into default upon employment termination or other reasons. Whatever the cause of the leakage, [...]
The majority of the DOL’s complex regulations mandating fiduciary status for individuals dealing with retirement investment decision-making involve investment advisors. However, the regulations, effective April 10, 2017, also require plan sponsors (who are always the fiduciary) to take certain steps. The rules also expand the definition of fiduciary status. A Fresh Coat of Primer on [...]
The IRS recently announced that benefit plan sponsors are now required to keep documentation of any loans or hardship withdrawals that participants must take from their plans. Consequently, plan sponsors must now keep their own copies of records instead of relying on recordkeepers to do so. Watch as Christine Noll-Rhan discusses how plan [...]
On any given evening, many people think about having dessert even before they have finished their dinner. Similarly, as highly compensated employee (HCE) 401(k) plan participants approach retirement, they may want to consider a potentially useful, tax-efficient IRA rollover technique. The IRS has specific rules about how participants can allocate accumulated 401(k) plan assets based [...]
Like yoga practitioners, plan sponsors have more flexibility than they may realize when it comes to setting eligibility rules for 401(k) plan participants. Even though the Employee Retirement Income Security Act (ERISA) sets many plan eligibility rules, plan sponsors have leeway to meet the demands of the employment market. Here are some thoughts for plan [...]
Giving plan participants a wide range of benefit plan options is positive — to a point. That idea underlies one of the multiple allegations in recent class action lawsuits filed against several prominent universities. The litigation offers a cautionary note for plan sponsors who offer a high number of investment options. While 401(k) plan sponsors [...]
It is not uncommon for previously active employed plan participants to go into “hiding.” They include retirees and former employees that move away without informing the company. Before the plan sponsor or the administrator realizes it, the individuals become missing participants. The following is what employers should know about these participants. DOL Considerations for “Hidden” [...]
The IRS has released taxpayer-friendly final regulations regarding certain retirement plan rollovers. Specifically, the new rules should make it easier — and less costly — to transfer after-tax funds from designated Roth accounts to Roth IRAs or other designated Roth accounts. The Fruitful Advantages of Roth IRAs and Designated Roth Accounts Roth IRAs can grow [...]
When IRS examiners check retirement plans, they often find a lack of sufficient internal controls. Even if an IRS audit finds no other problems, the consequences for inadequate retirement plan internal controls can be severe. At worst, hackers could steal the organization’s plan assets. Such a scenario could bring not only financial damage to a [...]
A recent lawsuit alleging fiduciary duty violations caught the attention of many in the employee benefits business. The filing received considerable attention not because of the nature of the charges, but because it involved a small business. Many large employers have ultimately compensated participants to address similar charges. Let’s take a closer look at why [...]
December 1, 2016, may or may not bring snow to many parts of the country. However, it will bring the Fair Labor Standards Act (FLSA) final overtime rule. The dramatic changes included in the FLSA final overtime rule could have significant implications for retirement plans. Specifically, the changes affect what forms of compensation employers use to [...]
The IRS issued a warning to plan sponsors whose plan designs satisfy numeric antidiscrimination tests, yet still have the effect of steering a disproportionate amount of benefits to highly compensated employees (HCEs). The message: Simply satisfying numeric tests doesn’t guarantee that you’re complying with antidiscrimination regulations. The IRS’ Calculations In a recent announcement, the IRS [...]
There are sound reasons why defined benefit plan sponsors may offer participants lump sum payout windows. Principal among them: lowering the plan’s financial exposure, thereby providing greater long-term financial security to participants who elect to stay in the plan. However, the consequences of accepting a lump sum payout can be good or bad for participants. [...]
For almost a decade, the DOL was concerned that retirement investors – those who invest in employee benefit plans – were traveling on “unstable ground” with their investment advisors. In other words, the advisors’ recommendations may have been more lucrative for them than for their clients. This concern led to the DOL’s new fiduciary standards [...]
The Employee Benefit Research Institute’s (EBRI’s) 2016 “Retirement Confidence Survey” provides helpful insights on employee behavior and benchmarking data for plan sponsors striving to help their employees attain retirement preparedness. When it comes to retirement preparation, the study indicates that confidence often doesn’t correlate to the underlying facts. Closing the perception/reality gap remains a significant [...]
Much like white-out, the Backspace button, and an eraser, the IRS’ Self-Correction Program (“SCP”) is one of three programs that allow plan sponsors to correct any mistakes they may have made in administering an employee benefit plan. Through this program, the IRS eases some of the required burden on plan sponsors for errors in withholding [...]
Employee benefit plan sponsors have fiduciary responsibilities to protect both plan participants and investments. Additionally, sponsors are personally liable for any fines issued due to noncompliance. In this video, CRI’s Lorri Kidder discusses fiduciary responsibilities related to employee deferrals, fees, investments, and service providers.
