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How 401(k) TPAs Can Compete With The Payroll Provider TPAs.
A lot of ideas on how to do it.
When people in the retirement industry ask me about my National ERISA practice, one question is whether I do any third-party administration (TPA) work? When asked, my line is always that I don't "because I stick to what I know." Unfortunately, payroll providers don't follow that line, as they are some of the largest TPAs of retirement plans. If you're a TPA, you're often butting heads with these payroll providers and it's frustrating because plan sponsors think there is some value in using a payroll provider as a TPA, but you know the truth. So this article is how TPAs can compete against payroll provider TPAs.
To read the article, please click here.
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DOL Relief for Late Salary Deferral Deposits.
But they should get stuff deposited ASAP.
 As a result of the Coronavirus pandemic, I have consistently said that plan sponsors still have their fiduciary duties to fulfill in terms of their sponsorship of the plan and their deposit of salary deferrals as soon as possible.
In EBSA Disaster Relief Notice 2020-01, The Department of Labor (DOL) issued guidance that relaxes the timely deposit of 401(k) salary deferrals: "The Department [DOL] recognizes that some employers and service providers may not be able to forward participant payments and withholdings to employee pension benefit plans within prescribed timeframes during the period beginning on March 1, 2020, and ending on the 60th day following the announced end of the National Emergency. So, the DOL won't take enforcement action regarding a temporary delay in depositing participant salary deferrals to the plan, if the delay is solely because of the Coronavirus pandemic.
My take is those plan sponsors still should deposit deferrals as soon as possible. If they can't, as a result solely because of the pandemic, then put a document in place that explains that just in case of a DOL audit later down the line.
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Don't be a cheapskate.
 The first time I heard the word Schnorrer, I was 7 years old and my parents took me on a trip to Mystic, Connecticut. During those days, the Connecticut Turnpike had eight toll booths from Greenwich to Mystic. It felt that every 10 miles, some toll collector was looking for a quarter. So my mother said, Connecticut is a bunch of schnorrers.
Schnorrer is a Yiddish term meaning "beggar" or "sponger". The English usage of the word denotes a sly chiseler who will get money out of another any way he can, often through an air of entitlement. For me, a Schnorrer is essentially a cheapskate.
When it comes to retirement plans, a retirement plan sponsor or a retirement plan provider shouldn't be a schnorrer.
A retirement plan sponsor who is a schnorrer is one who selects the lowest cost third party administration (TPA) like a payroll provider and doesn't care that the administration of their plan is done properly or not. Plan costs should always be a consideration, but so should proper administration is a greater consideration.
For retirement plan providers who are schnorrers, I can remember a certain TPA. As a producing TPA with its own RIA practice, they had clients around the country. They charged a nice and healthy advisory fee and then the managing director of the firm who ran the day to day operation started charging for travel expenses for the client relationship managers to visit clients in assisting them with the fiduciary process. That went over like a led zeppelin. I worked for a law firm partner who had clients around the country and he was insistent that he would never charge his clients for his travel time because he felt that the client would simply want to hire counsel than was more local than to pay him for traveling.
Clients don't want to be chiseled. They would rather pay a higher flat fee that getting inundated by petty charges.
One of the things I hated most about law firms was their chiseling of clients. It was enough that clients were charged by the hour, which only led to possible abuses of overbilling because law firms stress billable hours more than quality of service. So it's not enough to overcharge clients for legal services, but the law firms that I was associated with also charged clients for typical office charges like FedEx or copies. When I buy a bagel with olive cream cheese at my favorite bagel store, do they charge me for napkins or a plastic knife? There is a cost for any business to do business, but does a law firm have to pass every nickel in costs to their client.
That is why my practice uses a flat fee; clients should have a fee that they have cost certainty over and with the knowledge that I am not chiseling them. When I drafted a plan document for a client yesterday for $2,000, I didn't charge them the $8 to mail the plans or the $18 to bind the plans at Staples (my clients would tell me not to be schnorrer and buy a binding machine).
Every retirement plan provider needs to be fully compensated for the work they do. There are costs involved in doing business, but clients don't need to see every charge added and itemized because you don't want to be labeled a schnorrer.
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IRS Released COVID Distribution Q&A.
Some amplification of CARES Act provisions.
The Internal Revenue Service (IRS)N has issued a series of an FAQ questions and answers regarding the CARES Act coronavirus-related relief for retirement plans.
The coronavirus-related distribution and loan rules generally apply only to qualified individuals. The FAQ does not expand the definition of a qualified individual (such as someone who had COVID, negative job impact because of COVID, etc) The IRS and Treasury have received and are reviewing comments requesting an expansion of the definition of "qualified individual."
The FAQ also stated qualified individual may choose to repay all or part of the amount of a coronavirus-related distribution within three years of the date of the distribution, provided that their plan will accept such repayment. If the qualified individual does so, they may claim a refund of the tax paid for coronavirus-related distribution that they included in income prior to the repayment date by amending their tax return.
The FAQ says that if an employer does not adopt coronavirus-related distribution rules under the CARES Act, a qualified individual who receives a distribution for any other reason (e.g., termination of employment or financial hardship) still may treat the distribution as a coronavirus-related distribution on the individual's federal income tax return.
There was also clarification on a participant's certification that they are an affected individual for the CARES Act. The plan sponsor may rely on an individual's certification that the individual satisfies the conditions to be a qualified individual in determining whether a distribution is a coronavirus-related distribution unless the plan sponsor has actual knowledge to the contrary.
While the plan sponsor may rely on an individual's certification in making and reporting a distribution, the individual is entitled to treat the distribution as a coronavirus-related distribution for purposes of the individual's federal income tax return only if the individual actually meets the eligibility requirements.
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LinkedIn isn't some sort of dating site
It's for professionals.
 Ever since I started my law practice, LinkedIn has been a very effective tool for me in growing my business. I have been rewarded with meeting so many great retirement plan professionals that have helped me over the past 10 years.
Whether I've connected with these professionals or they've connected with me, it's always done professionally. There was never any sales pitch that comes along with an invitation. I know what a financial advisor does and they know what an ERISA attorney does. We all realized that any relationship requires trust. So I'm always shocked when I get an invitation from an advisor or an insurance salesperson that just wants to talk and sell me something or for some reason, thinks that I've never worked or referred work to another financial advisor.
Acting like a shifty salesperson by trying to connect with other people on LinkedIn isn't going to work. Networking is like dating, it will take time to develop a relationship and if you go for the quick move to the basket, you're going to end stuffed more often than not.
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Introducing That 401(k) Virtual Conference 4.
Registration is open and it's free.
Thanks to Coronavirus, our spring events will be rescheduled. Will post new dates when Major League Baseball announces a start date for the season or if they are dallied to 2021.
We know that while many of you are working from home, many of you crave content to help your practice and so many national events have to be cancelled.
So we've decided to take what we have done with the National and Regional events with an online virtual event that is free of charge. Just no lunch, stadium tour, and athlete appearances.
Please join me for the fourth edition of That 401(k) Virtual Conference on Friday, July 10th at Noon EST. Since many of us are returning to the office, this event will be shorter in duration. Recordings of the webinar will be available on demand afterwards. Both the live and recorded events will be free.
Presentations will include a presentation on Coronavirus issues by me, as well as presentations on plan audits, automatic rollovers, and many other important topics to be announced.
To sign up, please click
here.
To sponsor the event and speak to plan attendees for 30 minutes, please contact
me. It's just $500.
 We will also be launching a sporadic one hour event on certain Fridays, details will be revealed soon. It will be less formal than a virtual conference with no presentation and more of a discussion with what is going on with the retirement plan business.
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The Rosenbaum Law Firm Advisors Advantage, June 2020
Vol. 11 No. 6
The Rosenbaum Law Firm P.C.
734 Franklin Avenue, Suite 302 Garden City, New York 11530 516-594-1557
Fax 516-368-3780
Attorney Advertising. Prior results do not guarantee similar results. Copyright 2019, The Rosenbaum Law Firm P.C. All rights reserved.
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