BFSG Blog

Financial Resources & News

Recent Developments

IRA Bankruptcy Ruling In a decision that is likely to impact future estate planning considerations with respect to retirement plan assets, the Supreme Court (the Court) decided, in a 9-0 ruling, that inherited individual retirement accounts (IRAs) are not exempt from federal bankruptcy protection (Clark et ux. v. Rameker, Trustee, et al., No. 13-299). The Court held that inherited IRAs do not...

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Rollover Documentation Guidance

When individuals roll retirement accounts into their current employer’s plan, the plan administrator is generally responsible for determining whether the rollover contribution is valid and can be accepted. The IRS recently released guidance to assist plan administrators with the task. The IRS introduced two methods (Revenue Ruling 2014-9) for verifying whether a rollover contribution to a...

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The Restatement Process: From EGTRRA to PPA

A qualified retirement plan must operate according to its plan document. Plan documents, however, are not static. There are ongoing legal and regulatory changes that must be incorporated. To do this, the IRS requires that master, prototype, and volume submitter plans be rewritten, reviewed, and approved by the IRS every six years. Once approved, the plan sponsors who use them must adopt the new...

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Audit Trap to Avoid for 403(b) Plan Sponsors

The 2009 year was a watershed for 403(b) plans.  For the first time the Department of Labor (“DOL”) issued regulations requiring 403(b) plan sponsors to operate their plans more in line with traditional 401(k) plans.  The new requirements include a written plan document, fiduciary oversight procedures, annual governmental reporting, and administrative controls to monitor employee deferral...

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Markets in Review

The global equity markets experienced a decline for the quarter, with the S&P 500 being the only major equity index posting positive returns. Continued geopolitical concerns and conflicts overseas were the main detractors from the equity market returns for the quarter. The tensions between Russia and Ukraine resurfaced as Russia attempted to destabilize Ukraine and became subject to further...

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Recent Developments

Cash balance features added to prototype plans Until recently, cash balance defined benefit (DB) plans have been available only as individually designed plans. On January 23, 2014, the Internal Revenue Service (IRS) announced that a preapproved DB plan program with cash balance features will be developed. Under Announcement 2014-4, preapproved DB cash balance plans will be available for the next...

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Plan Document Restatement

Preapproved defined contribution (DC) restatement: Preapproved DC plans (i.e., master, prototype, and volume submitter) are required to adopt an updated plan document every six years. Plan documents revised for the Pension Protection Act of 2006 (PPA) and subsequent law changes were submitted to the IRS before April 2, 2012. It is anticipated that employer adoption of the PPA document will begin...

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Back to Basics: Record Retention

It’s a well-known fact that the Employee Retirement Income Security Act of 1974 (ERISA) established specific reporting and disclosure obligations for qualified retirement plans. Less well known but equally important is the fact that ERISA also spells out how long a plan sponsor must retain plan documents and records that support those obligations. The topic of record retention can be broken into...

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Hardship Compliance

The IRS recently published some tips on hardship distributions for plan sponsors on its website. The IRS also describes some of the most common compliance errors that have been discovered during plan audits and explains how to avoid them. Following is an overview of the IRS tips and some additional insights for plan sponsors. Plan sponsor missteps IRS agents have found that some plans make...

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Hardship Distributions

Retirement plans are not required to provide hardship distributions. However, many profit sharing plans, including 401(k) plans, do. If a participant in a plan with a hardship provision has an immediate and heavy financial need, and the need matches the plan’s definition of hardship, the participant may be eligible for a distribution (restrictions and limits apply). It’s natural to feel badly...

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DOL Audit Activity Increasing

If you haven’t already been contacted by the DOL for a routine audit of your retirement plan, don’t be surprised if they come knocking.  DOL audit activity has been on the rise, focusing on areas of concern such as fee disclosures, conflicts of interest, and proper fiduciary governance.   In many instances the audits have been random, but other common reasons such as an error on Form 5500 or...

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Markets in Review

The global equity markets ended the quarter in mostly positive territory despite continued global economic uncertainty, evolving expectations of the Federal Reserve’s monetary policy, and geopolitical concerns. While the Federal Reserve has suggested that its loose policy and low short-term interest rates will remain in the near-term, it continued to taper its monthly credit asset purchases to...

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