Markets React to Coronavirus

We have the following observations about the impact of the novel coronavirus outbreak on markets. First identified in Wuhan, China, in December 2019, cases of COVID-19 continue to climb.

Though this coronavirus presents unique challenges, New York’s hospitals and health systems have extensive experience successfully managing outbreaks. In the past 20 years, they have been leaders in tackling the 2003 SARS outbreak, the 2009 influenza pandemic (“swine flu”), the 2014 Ebola outbreak and others.

The vast majority of cases have been in mainland China. However, with more confirmed cases being reported across the globe this week, concerns have become more widespread, particularly after the Centers for Disease Control and Prevention cautioned about the potential impact in the United States.

FMLA Administration Outsourcing

The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take unpaid leave for a variety of personal circumstances. Due to the numerous regulations and complexities of the FMLA, administering FMLA leave can be a daunting task for many HR departments. In an effort to make FMLA administration more accurate and efficient, many employers have opted to outsource their leave programs to outside vendors.

Why Do Companies Outsource FMLA Administration? 

Q4 Market Recap: Roaring into the 20s

U.S. equities continued to roar leading into 2020. The Federal Reserve reversed course on monetary policy in 2019, stimulating both the economy and securities markets.

Read the Q4 Market Recap for a brief review of the 2019 stock market performance and outlook for 2020. Also included is an update on important provisions in the Setting Every Community Up for Retirement Enhancement (SECURE) Act.

If you have any questions, or would like to begin talking to a retirement plan advisor, please get in touch by calling (855) 882-9177 or e-mail us at sbs@hanys.org.

Fiduciary safe harbor for selection of lifetime income provider

The Setting Every Community Up for Retirement Enhancement (SECURE) Act provides a safe harbor for plan fiduciaries who select a guaranteed retirement income contract, which is defined as an annuity contract for a fixed term or providing for systematic payments guaranteed by the provider to be made over the life, life expectancy or joint lives or life expectancies of a participant and beneficiary.

Retirement plan fiduciaries will be deemed to have acted prudently and will be eligible for the new safe harbor protection if they engage in and document the following process:

• objective, thorough and analytical search for an annuity provider;
• consideration of all costs, benefit features and terms of the contract;
• obtain written assurances from the provider of compliance with all federal and state laws and regulations governing lifetime income solutions, including state insurance laws;
• as a result of the analysis, the plan fiduciaries should be able to conclude that the provider has the financial strength to fulfill all its obligations under the contract; and
• the cost of the contract is reasonable (the SECURE Act does not require that fiduciaries select the lowest cost provider).

Annuities may not be appropriate for all plans, but interested plan fiduciaries now have a safe harbor if they wish to consider including them.

If you have any questions, or would like to begin talking to a retirement plan advisor, please get in touch by calling (855) 882-9177 or email us at sbs@hanys.org.

Don’t Get Caught in the Act:

The Setting Every Community Up for Retirement Enhancement (SECURE) Act

After spending most of 2019 on hold in Congress, the SECURE Act was passed and signed into law on December 20. This is the largest retirement reform act since the Pension Protection Act in 2006 and has a broad focus on improving both the reach and quality of retirement plans, as well as updating several individual tax rules.

While most changes require no immediate action, it’s important for plan sponsors to be aware of changes that may soon impact them. Here is a chart with the most significant changes:

Q3 Market Recap: The Federal Reserve Past and Present

The longest bull market in history continues to run through Q3. 

Investors remain focused on three key areas: trade conflict, slowing global economic growth and the Federal Reserve monetary policy. Under the successive leadership of three chairs, the Fed has fostered the longest economic expansion in U.S. history.

Read the Q3 Market Recap to learn more about the recent history of bull markets, as well as the Q3 market drivers. Also included is an overview of key year-end notices plan sponsors may need to provide to employees according to IRS and DOL regulations.

If you have any questions, or would like to begin talking to a retirement plan advisor, please get in touch by calling (855) 882-9177 or e-mail us at sbs@hanys.org.

You’ve Been Put on Notice

As we enter the fourth quarter of 2019, it’s important for sponsors of calendar year retirement plans to be mindful of certain required participant notices. Sponsors of qualified retirement plans, such as 401(k) or 403(b) plans, may need to provide several of these notices per various Internal Revenue Service and Department of Labor regulations.

Notice	Purpose	Audience	General Deadline	Deadline for Calendar Year Plans
Qualified Default Investment Alternative	Informs of the plan’s default investment in the event the participant does not make an investment election.  Helps maintain 404(c) protection.	Active eligibles and terminated participants	At least 30 days ahead of plan year	Dec. 2
Automatic Contribution Arrangement	Informs of the plan's feature to automatically enroll participants to a default savings rate in the plan and the potential “refundability” of deferrals.	Active eligibles	30 to 90 days ahead of plan year	Dec. 2
Safe Harbor	Informs of the plan's intent to provide a safe harbor contribution, alongside other key plan provision details.	Active eligibles	30 to 90 days ahead of plan year	Dec. 2
Universal Availability	Informs 403(b) participants about the opportunity to establish or change their salary deferrals in the plan.	Active eligibles	Annually	Dec. 31
Plan and Investment Fee Disclosure	Summarizes fees that may be paid from participant accounts or withheld by investment companies.	Active eligibles and terminated participants	Every 14 months	Depends on timing of prior mailing
Summary Annual Report	Summarizes the plan's key financial and administrator information with respect to the prior year's Form 5500 filing.	Active and terminated participants	60 days following the plan’s regular or extended Form 5500 filing deadline	Sept. 30 or Dec. 16

Sponsors with calendar year plans that extended their Form 5500 deadline to Oct. 15 may be able to align the delivery of any applicable notices into a single mailing event.

In addition to the above notices, plans must provide a Summary of Material Modifications to participants no later than 210 days following the plan year in which an amendment was effective. Alternatively, providing an updated Summary Plan Description satisfies this requirement. Updated SPDs are required to be provided every five years if material changes are made or every 10 years if no material changes have been made. If you recently amended or restated your plan document, this upcoming annual notice mailing may provide an opportunity to satisfy the SMM/SPD requirement as part of the same mailing.

While the DOL and IRS each have rules for distributing these notices electronically, abiding by the rules can be challenging. Per our subsequent article, DOL e-delivery regulations finalized in May 2020 have made this task easier and more cost-effective in many situations.

It’s important to note that in addition to the annual requirements, these notices should be provided to employees in your plan enrollment materials before or coincident with each participant’s eligibility for the plan.

Finally, there may be other participant notices that apply for defined benefit plans, other benefit plans or for situations such as plan terminations, blackout periods and disclosure of electronic statement delivery. Be sure to work with your service providers and make sure all applicable notices are mailed out as required by the IRS and DOL.

If you have any questions, or would like to begin talking to a retirement plan advisor, please get in touch by calling (855) 882-9177 or e-mail us at sbs@hanys.org.