Fiduciary Hot Topics | Q4 2024

In recent months, several key regulatory updates, rulings, and legislative proposals have emerged that impact retirement plans and their administration. From changes to required minimum distributions (RMDs) and fiduciary investment advice rules to new tools aimed at helping employees track lost retirement savings, plan sponsors have a lot to navigate. We're here to help summarize these important developments and offer insights into how they might affect your organization and retirement plan participants.

New IRS RMD Rules Clarify Beneficiary Requirements, but Questions Remain

The IRS has released final rules on required minimum distributions (RMDs), impacting 401(a) plans, including 401(k), 403(a), 403(b), 457(b) plans, and IRAs. Non-spouse beneficiaries must now take RMDs for nine years following the account owner's death, with the account depleted by the 10th year. For spousal beneficiaries, the spouse is automatically treated as the account owner and follows the uniform lifetime table. If the account owner dies after the required beginning date (RBD), the spouse may elect to be treated as the owner but must catch up on any missed RMDs.

The RMD ages, based on SECURE Acts 1 and 2, are as follows:

• Born before July 1, 1949: age 70½
• Between July 1, 1949 - Dec 31, 1950: age 72
• Between 1951 - 1959: age 73
• Born after Jan 1, 1960: age 75

DOL Finalizes Fiduciary Investment Advice Rules, But Legal Challenges Delay Implementation

The Department of Labor (DOL) published its “Retirement Security Rule: Definition of an Investment Advice Fiduciary" that protects retirement investors, but due to two lawsuits that challenged the new rule, the overturning of the Chevron Doctrine, and the potential implications of the upcoming election, the regulation effective date has been put on hold.

Abandoned Plans Program Expanded to Aid Chapter 7 Bankruptcy Trustees

Chapter 7 Bankruptcy trustees are now able to use the Abandoned Plan Program under new final interim rules published by the Employee Benefits Security Administration (EBSA), under the DOL. For background, this program helped terminate and distribute abandoned plans to participants and beneficiaries.

DOL Seeks Plan Sponsors’ Support for Retirement Savings Lost and Found Database

In an April proposal, the DOL asked plan sponsors to voluntarily provide information about their missing or lost participants to help populate the Retirement Savings Lost and Found online searchable database. The goal of the database is to "reunite workers with retirement benefits earned over their working lives and to help the Department assist them in that effort.” The DOL also is looking to establish a portal for plan administrators to submit the information directly to the Lost and Found database as an alternative to submitting the information as an attachment to Form 5500 using EFAST2.

IRS Releases FAQs on Disaster Relief for Retirement Plans Under SECURE Act 2.0

The IRS issued frequently asked questions (FAQs) covering certain federally declared disaster-related distributions to retirement plan participants and IRA owners, as well as plan loans under SECURE Act 2.0, to quickly provide general information to taxpayers and tax professionals.

Litigation Highlights

Recent litigation developments have brought attention to several key issues that could impact plan sponsors:

Chevron Deference Doctrine Overturned: With the reversal of the Chevron Deference Doctrine, federal courts are now required to interpret ambiguous federal statutes on their own, rather than deferring to agency interpretations. This could lead to more variability in legal rulings affecting retirement plans.

Plan Forfeitures: Two recent cases in California district courts reached different conclusions regarding plan forfeitures. As a result, plan sponsors should carefully review their plan documents to ensure they clearly outline how forfeitures are handled.

Environmental, Social, and Governance (ESG) Regulations: Since the Department of Labor's ESG regulations took effect in January 2023, two significant cases have emerged:

• In the first case challenging the ESG rule, the courts upheld the regulation, although the plaintiffs have since filed an appeal.
• In the second case, the court denied the defendant's motion to dismiss, allowing the trial to proceed based on available evidence.

Cisco Systems Inc. Case: In a lawsuit against Cisco Systems Inc. regarding its retention of BlackRock target date funds as the qualified default investment alternative (QDIA), the court ruled in favor of Cisco. The ruling emphasized the importance of having a well-documented investment policy, explicit benchmarks, and comprehensive meeting minutes reflecting fund performance reviews.

New Legislation Proposes Allowing Collective Investment Trusts in 403(b) Plans

There is a recently introduced proposal that would allow collective investment trusts to be allowed in 403(b) plans. Under current law, unlike 401(k) holders, 403(b) plan sponsors are not able to include CITs as an investment option. This legislation would create parity between 403(b) and 401(k) retirement savings plans.

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