IRS Extends Time to Amend Retirement Plans

The IRS has extended the deadlines by which retirement plans must be amended to comply with provisions in several laws passed in the last few years. No amendment for the covered provisions will be required before December 31, 2025. In addition, the IRS is extending anti-cutback relief for most, but not all, of these amendments.

Source: Segalco.com, October 2022

PSCA Releases 2022 403b Survey

As employers everywhere continue to recover from the long-term impacts of the COVID-19 pandemic and compete for talent, employer contribution rates to 403b plans rose almost 24% year-over-year from 4.6% in 2020 to 5.7% of gross annual pay in 2021, according to an annual 403b Plan Survey from the Plan Sponsor Council of America, part of the American Retirement Association.

Source: Psca.org, October 2022

Evolution of the QDIA. Is Your Plan Due for a Review?

A QDIA review can be looked at as a gateway for your plan committee to clarify plan objectives. This article encourages plan sponsors to lift their heads and consider (or reconsider as the case may be) if your committee is due for a deeper look at your QDIA given marketplace evolution and changing plan needs.

Source: Planpilot.com, October 2022

Retirement Experts Identify Possible Fixes to the Retirement Savings Gap

Professionals invited by the IAA discuss obstacles to retirement savings, and what can be -- and has been --done about them. Opt-out policies are the best way to increase retirement plan enrollment, according to the retirement experts.

Source: Planadviser.com, October 2022

IRS Extends More Retirement Plan Amendment Deadlines

Newly released IRS Notice 2022-45 extends the plan amendment deadline for provisions of the CARES Act that allowed retirement plan sponsors to offer special penalty-free distributions, set a higher plan loan cap, and suspend loan repayments for participants affected by the COVID-19 pandemic. The extension also applies to provisions of the Taxpayer Certainty and Disaster Tax Relief Act of 2020 that allowed penalty-free distributions to participants affected by certain disasters.

Source: Mercer.com, October 2022

Fiduciary Status for Rollovers Not a Given and New Developments in Uses of Plan-Related Data Under ERISA

A September 27, 2022, decision by the Southern District of New York addresses several key theories recently advanced by the plaintiffs' bar in ERISA-based lawsuits against plan service providers. The Court also rejected fiduciary liability claims concerning alleged uses of plan information available to the Provider in its plan service provider role. The decision includes a reasoned analysis of the DOL's "shifting perspective" on defining investment advice fiduciaries under ERISA.

Source: Groom.com, October 2022

Searching for Solutions to Participant Account Theft When the Recordkeeper Disclaims Liability

Most of us have heard that a plan participant in the Colgate-Palmolive 401k plan suffered a cyber theft of her entire account balance, and sued the plan fiduciaries, the recordkeeper, and the bank custodian, all three of which are disclaiming fiduciary liability. There has to be a better answer than saying "I’m sorry" to a plan participant who has lost his entire account balance. This article explores these issues after a summary of the case and the positions of each defendant in their respective motions to dismiss.

Source: Euclidspecialty.com, October 2022

Eighth Circuit Holds Principal Did Not Breach Its Fiduciary Duty to 401k Plan Participants

The U.S. Court of Appeals for the Eighth Circuit recently affirmed a District Court's finding that Principal Life Insurance Company did not breach its fiduciary duties regarding its stable value contract for 401k plans.

Source: Erisalitigationadvisor.com, October 2022

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