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Technical Competence

Retirement plans do not exist in an ERISA “bubble,” and the SEC’s proposed Rule 30e-3 3 which it issued this past June will fundamentally rework the manner in which mutual fund prospectuses, proxy material and other fund reports are delivered to shareholders. In MarketBeat, Robert Toth argues that... READ MORE
If a full-time employee who participated in employer contributions and employee deferrals to the 403(b) plan for several years separates from service for three years, and returns but works less than 20 hours per week on average and works less than 1,000 hours for the year, how should matching or... READ MORE
Editor’s Note: ERISA Tips is a feature provided with you in mind — to make the newsletter more useful to you! If you have any content for ERISA Tips or the 403(b) Advisor that you would like to contribute or suggest, please contact John Iekel, editor of the 403(b) Advisor, at jiekel@usaretirement.... READ MORE
While the Bipartisan Budget Act of 2018 modified the safe harbor rules for hardship withdrawals starting in the 2019 plan year, the extent to which these modifications will impact 403(b) plans is still subject to open to interpretation. In MarketBeat, Linda Segal Blinn discusses the Act, its... READ MORE
In Tech Talk, Susan Diehl addresses whether, under the 403(b) universal availability requirement, an employee qualifies for elective deferrals in the current year under certain circumstances. READ MORE
In Tech Talk, Susan Diehl offers her take on the application of the 403(b) universal availability requirement given a specific set of circumstances. READ MORE
Another 403(b) excessive fee suit has had its day in court — and walked away empty-handed.This time it was a suit brought by participants in plans of New York University (NYU). It was one of the first excessive fee suits filed against university 403(b) plans by the law firm of Schlichter, Bogard... READ MORE
Legislation has been introduced in the U.S. Senate that would give any worker not currently covered by an employer-sponsored retirement plan access to a new type of retirement savings account. And the funds from them could be rolled into 403(b)s. The American Savings Act, first introduced in... READ MORE
In Tech Talk, Susan Diehl addresses whether a church that sponsors a “steeple church” plan will also be the sponsor of a plan that covers non-QCCO pre-school employees, and what that portends. READ MORE
A number of claims were dismissed in a university 403(b) excessive fee suit – but the “wins” appear to have been mostly by forfeit.  The plaintiffs might well have seen a negative result coming when Chief Judge William E. Smith began by referring to theirs as “one of many, look-alike lawsuits1... READ MORE
Why do the instructions to Form 1099-R not include the distribution of excess deferrals from a governmental 457(b) plan? Would adjusting the Form W-2 be a suitable option? In Tech Talk, Susan Diehl tells us. READ MORE
What happens in Washington and in the states affects not only retirement plans collectively, but also the plans central to the work of the NTSA and its members and those whom they serve. In the NTSA Summer 2018 Advocacy Update, broadcast on July 11, American Retirement Association Government... READ MORE
Editor’s Note: ERISA Tips is a feature provided with you in mind — to make the newsletter more useful to you! If you have any content for ERISA Tips or the 403(b) Advisor that you would like to contribute or suggest, please contact John Iekel, editor of the 403(b) Advisor, at jiekel@usaretirement.... READ MORE
What can or must be done to reconcile the assets of missing retirement plan participants is subjective. In MarketBeat, Barbara Webb writes that state law treatment of such situations varies; in addition, the distinction between non-ERISA and ERISA plans makes a difference. READ MORE
A terminated participant who had established an IRA requests a direct rollover, but dies before the distribution request could be processed. In Tech Talk, Susan Diehl discusses what happens in such a circumstance. READ MORE
Editor’s Note: ERISA Tips is a feature provided with you in mind — to make the newsletter more useful to you! If you have any content for ERISA Tips or the 403(b) Advisor that you would like to contribute or suggest, please contact John Iekel, editor of the 403(b) Advisor, at jiekel@usaretirement.... READ MORE
Another suit has been filed in the aftermath of the theft of retirement plan money by third-party administrator Vantage Benefits — this one against the custodian — and by plaintiffs looking to represent more than a single plan. The suit, filed by plaintiffs Dave Youngblood (a 403(b) Plan... READ MORE
Typically sometime late each year or very early in a tax year, the IRS issues their updates to the Form 1099R, the Form 5498 and the general instructions for both forms for the current year. June 2018 has come and gone, and we are still waiting for most of the reporting guidance for 2018.On June 28... READ MORE
A lot has been happening in Washington and the state capitals. And the NTSA has been actively involved in representing your interests and those of the clients and participants you serve. Now in the NTSA Summer 2018 Advocacy Update, you will hear about these recent developments.Date: Wednesday, July... READ MORE
A steeple church has a pre-school that is a participating non-qualified church-controlled organization. The pre-school is under the EIN of the church. In Tech Talk, Susan Diehl discusses what that means regarding sponsorship of the plans and more. READ MORE

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