Ascension Reaches Settlement With Acquired Entity’s Church Plan

Ascension has agreed to pay the first $29.5 million of benefits that are distributable to settlement class members in the event trust assets attributable to the plan become insufficient to pay such benefits.

Months after a settlement agreement was preliminarily approved in the case of Overall v. Ascension Health, the health care entity has agreed to a settlement agreement with the Wheaton Franciscan System Retirement Plan in a similar case challenging the plan’s “church plan” status under the Employee Retirement Income Security Act (ERISA).

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Ascension sponsors the plan due to its acquisition of Wheaton Franciscan Healthcare, an Illinois non-profit corporation.

Similar to the settlement agreement regarding the Ascension plan, the agreement includes provisions that mimic the provisions of ERISA, concerning plan administration, summary plan descriptions, notices (annual summaries, pension benefits statements, current benefit values), and the plans’ claim review procedure. Ascension has also agreed to pay the first $29.5 million of benefits that are distributable from the plan to settlement class members in the event trust assets attributable to the plan become insufficient to pay such benefits.

According to the settlement agreement, should a corporate transaction occur where plan assets and liabilities covering settlement class members transfer to a successor, Ascension Health shall cause the successor to honor Ascension Health’s commitments under the Plan Benefit Guarantee. Any of the releasees, in their sole discretion, may satisfy Ascension Health’s obligation under the Plan Benefit Guarantee, at any time after the effective date of the settlement, by making contributions to the plan trust that in the aggregate total $25,000,000.

The settlement agreement notes that defendants deny any and all allegations of wrongdoing made in the complaint. They aver that the plan has been and continues to be properly administered as a church plan, as defined in Internal Revenue Code Section 414(e) and ERISA Section 3(33).

Participant Survey Highlights Lasting Roth Confusion

The lack of understanding of Roth contributions, should Congress move to limit pre-tax savings, will cause significant confusion and potentially a significant drop in savings, a new analysis warns.

The latest research from Cerulli Associates suggests that two out of three retirement savers have either no understanding or a mistaken understanding of Roth 401(k) contributions.

According to Jessica Sclafani, associate director at Cerulli, the finding is particularly timely given the potential “Rothification of the defined contribution (DC) market through tax reform.”

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She points out that the approximately 1,000 DC plan participants who took the Cerulli survey were asked to select the descriptions that best detailed Roth contributions: “Only one-third of participants correctly identified the benefits of Roth contributions—that contributions are made after-tax, and that money grows tax-free with no taxes paid when withdrawn at retirement.”

Sclafani fits squarely in the camp of believers holding that traditional 401(k) and individual retirement account (IRA) tax deductions are crucial tools by which the federal government encourages Americans to spend or save.

“As it relates to retirement, the current tax code allows taxpayers to deduct retirement savings and delay paying taxes on traditional accounts—as opposed to Roth—until the savings are withdrawn, thereby encouraging individuals to build a nest egg to fund their retirement,” she explains. Simply put, this incentive would no longer exist if tax reform succeeds in Rothifying the DC market. “This could, in turn, dramatically change Americans’ retirement savings behavior.”

Important to note, there are also some emerging proponents of the “Rothification” of DC plans, including NerdWallet’s Arielle O’Shea, co-author of “Roths Top Traditional IRAs by up to Six Figures in Retirement Savings Analysis.” As the title of the research indicates, O’Shea argues that for most savers at largely all income levels, utilizing a Roth IRA can generate significantly more retirement wealth compared with a traditional individual retirement account. Outlining the research results for PLANSPONSOR, O’Shea suggested she and her colleagues were surprised by just how well the Roth approach performed in the comparative analysis. In fact, using a Roth individual retirement account seems to net investors many more retirement dollars in most cases, she observes, “and the difference is well over $100,000 in the vast majority of tax scenarios.” The performance premium of the Roth approach comes in large part from the fact that, in this exercise, the savers are in effect investing more of their present income in nominal dollar terms up front to make up for the fact that they are also paying taxes up front. 

Whether or not Roth accounts tend to perform better over the long-term savings lifecycles of retirement plan participants, Cerulli warns that the lack of understanding of Roth contributions will cause “behavioral challenges associated with taxable contributions and the loss of the immediate tax benefit.”

Sclafani goes on to suggest there are some “important counterinitiatives” that recordkeepers and retirement plan consultants can consider to get in front of tax reform and the potential threat it poses in terms of reducing DC plan contributions. These include “implementing the switch to a Roth system on a non-elective basis for participants, emphasizing the power of an employer matching contribution within the context of a Roth system, and framing a tax break as a salary raise and an opportunity to increase retirement plan deferrals,” she says.

These findings and more are presented in the third quarter 2017 issue of The Cerulli Edge, U.S. Retirement Edition. Information about obtaining Cerulli research is available here

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