BFSG Blog

Financial Resources & News

Determination Letters

In IRS Announcement 2015-19, the IRS has ended the individually designed plan determination letter process known as the five-year restatement cycle, effective January 1, 2017. The last year of the five-year restatement cycle, which started February 1, 2016, and ends January 31, 2017, is the restatement window for Cycle A. Other than that, determination letters will only be issued when the plan...

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DOL Fiduciary Investment Advice Rule

On April 6, 2016, the DOL published its final rule redefining when service providers are required to act in the client’s best interest when dealing with retirement assets. The fiduciary rule broadens the ERISA definition of fiduciary investment advice for retirement plans and accounts. As a Registered Investment Advisor (RIA) firm, all of BFSG’s advice is already subject to a similar and often...

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IRS Compliance Questions

The IRS announced that, since proposed 2015 IRS compliance questions on Forms 5500 and 5500-SF and Schedules H, I, and R were not approved by the Office of Management and Budget prior to publication of the forms in December, these questions should not be answered for the 2015 plan year. The questions have been added to existing schedules to Form 5500, and address the following: Schedules H and...

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Should Your Plan Offer in-Plan Roth Rollovers?

In conjunction with offering a Roth deferral option, plan sponsors may want to consider an in-plan Roth rollover (IRR) feature. This feature allows participants to roll over tax-deferred amounts — including pretax salary deferrals and matching and nonelective employer contributions — from their traditional 401(k) accounts into designated Roth 401(k) accounts within the plan, as well as after-tax...

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Changes to the Voluntary Correction Program

The Voluntary Correction Program (VCP) is available to qualified retirement plan sponsors to obtain IRS approval for proposed plan corrections that — if not addressed in a timely fashion — could result in the loss of the plan’s tax-favored status or substantial sanctions for noncompliance. By submitting a written proposal to the IRS along with a compliance fee, plan sponsors can bring their...

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Midyear Changes to Safe Harbor 401(k) Plans

Long-awaited relief regarding midyear amendments to safe harbor 401(k) plans arrived when the IRS released Notice 2016-16 on January 29, 2016. The new rules were immediately effective and apply to both 401(k) and 403(b) traditional safe harbor plans and qualified automatic contribution arrangement (QACA) safe harbor plans. Scope of the New Rule Rather than the very short list of permitted...

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Rushing to Levelize Fees May Increase Liability

Investments offered in a retirement plan often provide different amounts of revenue sharing which is used to offset the administrative costs associated with the plan. Often times, investors with entirely passive allocations may not contribute toward the administrative costs at all. Fee levelization is the use of recordkeeping systems to ensure administrative costs are being spread equitably...

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Markets in Review

The first quarter of 2016 was largely characterized by a volatile equity market driven by macroeconomic factors. The S&P 500 declined by more than 10% during the quarter before recovering to gain more than 1%. Concerns of a slowdown in China, global central bank moves into negative interest rates, and fears of a potential U.S. recession weighed on the equity markets. The bond market broadly...

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RECENT Developments

PATH Retirement Plan Provisions On December 18, 2015, President Obama signed into law the Protecting Americans from Tax Hikes (PATH) Act, which contains two retirement plan changes. Rollovers into a SIMPLE IRA. Rollovers may be made into a SIMPLE IRA from an employer-sponsored retirement plan after the individual has participated in the SIMPLE IRA plan for two years (Section 306). Once this...

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Bankruptcy and Retirement Plans

In 2005, Congress passed a major revision of the Bankruptcy Code, confirming the protected status of individual retirement accounts (IRAs) and defining the levels of debtor assets that may be sheltered by qualified retirement plans and IRAs. Bankruptcy Law Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), debtors seeking bankruptcy protection whose net monthly...

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The Fiduciary Role and Tibble v. Edison

Under the Employee Retirement Income Security Act (ERISA), a plan fiduciary has important responsibilities and is subject to specific standards of conduct because he or she is acting on behalf of retirement plan participants and their beneficiaries. One of the pivotal fiduciary responsibilities under ERISA is the duty to act prudently. Section 404(a)(1)(B) of ERISA provides that a fiduciary must...

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Post-Severance Compensation Revisited

For years, there was no guidance on the issue of whether post-severance payments made to employees could be used for qualified plan purposes (i.e., elective deferrals and matching and nonelective employer contributions). As a result, various interpretations existed. Although the final 2007 Section 415 regulations provided guidance on this issue, some uncertainty remains as to what, if any,...

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Markets in Review

For the first time since June of 2006, the U.S. Federal Reserve (the “Fed”) voted to raise the target range for the Federal Funds Rate from 0.00% - 0.25% to 0.25% - 0.50%. The decision on December 16th was unanimous by all Fed officials, and marked the end of a 7-year period of “zero-interest rate policy.” During the quarter, the U.S. Dollar continued to strengthen against a basket of other...

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RECENT Developments

Determination Letter Program Changes Based on its need to direct its limited resources more efficiently, the IRS stated in Announcement 2015-19 that effective January 1, 2017, the staggered five-year determination letter remedial amendment cycles for individually designed plans will be eliminated. There will be a cycle E PPA restatement and a cycle A of the third five-year restatement cycle,...

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Studies/Surveys

Most Workers May Not Be Able To Retire At 65 Nearly two-thirds of U.S. workers are not saving enough to ensure a comfortable retirement by age 65, according to a new report by Aon Hewitt. Based on an analysis of 77 employers representing 2.1 million workers, the report found 68 to be the median age when workers would be able to retire with enough resources to maintain their standard of living....

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