Public Policy

DOL proposes new 401(k) ‘auto-portability’ regulations for job changers

BenefitsPRO's Scott Wooldridge informs readers about "another step forward" for auto portability, when the Department of Labor's Employee Benefits Security Administration (EBSA) released its proposed rules associated with SECURE 2.0. Wooldridge provides a summary of the new rules, and quotes American Retirement Association (ARA) CEO Brian Graff as stating: “We appreciate the guidance provided by the DOL. Anything that reduces the rate of retirement plan leakage results in better outcomes for participants.”

DOL Wants to Allow 'Reasonable' Fees for Porting Small 401(k)s

Alex Padalka, writing in Financial Advisor IQ, reports on the news that the Department of Labor has proposed rules for the automatic portability of small-balance retirement accounts. Padalka notes that the SECURE 2.0 legislative mandate, when combined with the proposed DOL rules, would replace the prior regulatory-only framework granted to Retirement Clearinghouse, and further observes that, for all practical purposes, the rules would only apply to the Portability Services Network, an industry-led consortium initially formed in 2022.

Proposed federal regulation aims to help workers keep track of retirement savings when they switch jobs

Kathleen Steele Gaivan of McKnight's Senior Living reports on the 1/18/24 release of proposed regulations from the DOL's Employee Benefits Security Administration (EBSA) concerning auto portability, as required by SECURE 2.0 legislation. Gaivan writes: "[t]he proposed rule would implement Section 120 found in SECURE 2.0, which allows an automatic portability provider to receive a fee when executing an automatic portability transaction for certain distributions into Safe Harbor IRAs, through an added exemption to Internal Revenue Code section 4975."

Auto Portability Proposal Is In

PLANSPONSOR correspondent Paul Mulholland reports on the 1/18/24 development that the Department of Labor's Employee Benefits Security Administration (EBSA) has released proposed rules for automatic portability transactions. The new rules are "intended to implement a SECURE 2.0 provision to make it easier to transfer money between DC plans to limit leakage."

Also featured in PlanAdviser

Department of Labor Releases Proposed Auto-Portability Reg

NAPA Net's John Sullivan reports on the Thursday, 1/18/24 issuance of proposed regulation on automatic portability transactions under SECURE 2.0. Sullivan's piece outlines the framework of the new proposal, and includes supportive words American Retirement Association CEO Brian Graff, who states: "We appreciate the guidance provided by the DOL. Anything that reduces the rate of retirement plan leakage results in better outcomes for participants."

Also featured on ASPPA Net

DOL Proposes Regs to Help Job Changers Move 401(k)s Automatically

ThinkAdvisor's John Manganaro reports on breaking news that, on Thursday 1/18/24, "the Employee Benefits Security Administration within the U.S. Department of Labor released proposed regulations....meant to expand the use of automatic retirement account portability tools." Manganaro further reports that the new framework identifies "11 requirements under the statutory exemption that must be satisfied for the automatic portability transaction to be covered by the exemption."

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Department of Labor Releases Proposed regulation on Retirement Plans and Automatic Portability Transactions When Employees Change Jobs

On January 18th, 2024 the Department of Labor's (DOL) Employee Benefits Security Administration (EBSA) released proposed regulations on automatic portability transactions under the SECURE 2.0 Act of 2022. In the press release accompanying the proposed rules, EBSA Assistant Secretary Lisa Gomez remarked: “With the widespread adoption of these accounts, there is a particular need for automatic portability solutions that help ensure participants remain connected to their retirement savings when they change jobs." The Notice of Proposed Rulemaking was posted on the department’s website and will be published in the Federal Register with a 60-day public comment period and instructions on how to submit comments.

New SECURE 2.0 regulations now in effect in 2024: Is your 401(k) in compliance?

Writing in BenefitsPRO, Jennifer Tanck, Executive Vice President of Pensionmark, informs readers about the key SECURE 2.0 provisions that will affect plan sponsors in 2024. Addressing auto portability, Tanck writes that "[t]he SECURE 2.0 Act now codifies automatic portability" and "permanently approves the negative consent of rollovers of small balances to a terminated employee’s new employer through the Retirement Clearinghouse. The threshold for these rollover amounts has been increased from a maximum of $5,000 to $7,000 for 2024."

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