Headlines about "401(k) plans"

Gathered from the web by the editors at BenefitsLink.com.
Hewitt Associates Survey Reports More Companies Plan to Increase Efforts to Help Employees Save Sufficient Retirement Funds
Excerpt: "As a result, 80% of companies that suspended or reduced their company match in 2009 are planning to restore it in 2010, the poll found. In addition, employers continue to emphasize auto 401(k) plan features. Some 46% of employers that do not already offer automatic rebalancing said they are very or somewhat likely to add it in 2010, and nearly four in ten (38%) indicated they are very or somewhat likely to add automatic contribution escalation." (PLANSPONSOR.com)

Bank of America Merrill Lynch Finds Retirement Participants Boosting Savings
Excerpt: "401(k) participants took positive savings actions within their retirement savings plans in Q4 and throughout 2009, according to the latest quarterly '401(k) Contribution Activities Scorecard' report from Bank of America Merrill Lynch." (PLANSPONSOR.com)

[Opinion] Report by Towers Watson that Compared Differences in Investment Results Between 401(k) Plans and Defined Benefit Plans
Excerpt: "[W]hen you look at the full Towers Watson analysis, the result is more nuanced. Over the [time period] it has been conducting this analysis, Towers Watson noted that DB plans do better (on a relative basis to 401(k)s) when the markets are bearish -- and yet, 401(k) results, with all their faults and shortcomings, tend to fare better (at least at a plan average) when the bulls are in charge." (PLANSPONSOR.com)

IRS to Mail 401(k) Compliance Questionnaires
Excerpt: "New York accounting firm Eisner LLP has issued a warning that the Internal Revenue Service (IRS) will begin sending questionnaires to 401(k) sponsors to gather information about their level of compliance with applicable tax rules." (PLANSPONSOR)

The Impact of Automatic Enrollment on 401(k) Match Rates: A Methodological Note
Excerpt: "We recently completed a study showing that employers with autoenrollment have lower match rates than those without it, suggesting that employers may be trying to offset their higher costs. In contrast, the Employee Benefit Research Institute finds that employers with automatic enrollment have increased match rates since 2005. The two studies measure different concepts and use different time frames. A large sample of 401(k) plans reporting match rates before and after autoenrollment is needed to fully understand employer responses." (Urban Institute)

[Opinion] Obama's Automatic IRA, Annuity Schemes Would Be A Disaster
Excerpt: "'Given that fewer than 5% of the population contributes to personal IRAs, why would they choose to do so in the workplace?' said White, the author of America, Welcome to the Poorhouse. 'What's more, why are America's employee forced to bankroll their own retirement, rather than requiring higher employer contributions?'" (Jane White via Retirement-Solutions, LLC)

The New Economic Reality and the Workplace Retirement Plan: Sixth Annual Workplace Report on Retirement Planning (PDF)
12 pages. Excerpt: "Perhaps the most striking finding in this Workplace Report . . . was that 84% of Americans say the time is ripe for enhanced, redesigned workplace retirement plans. In fact, across the board, workers appear eager to embrace automated features. At Prudential, we take that as a clear mandate to 'redefine retirement,' so that once again workplace retirement plans can adequately and appropriately support the retirement dreams of millions of American workers." (Prudential Retirement)

[Opinion] Five Reasons Why a 401k Plan Fiduciary Should Reconsider Using ETFs
Excerpt: "This perfect storm of a product eliminates the conflict-of-interest problem wrought forth by12b-1 fees, offers virtual mutual funds you can trade anytime during the day (no more waiting until 4:00pm!) and has the allure of low cost. Who could ask for anything more! Sometimes something that appears too good to be true really is. Professionals have long known the potential pitfalls of ETFs. Only recently have these facts become more widely known." (Pandamensional Solutions, Inc.)

Some Considerations When Reinstating Your 401k Match
Excerpt: "As companies begin to evaluate their programs to reinstate the match, [the target page lists] several key areas that employers should pay particular attention to . . . ." (Rick Meigs via 401khelpcenter.com, LLC)

Estimated 2010 Required Contributions and Credit Balances: Internal Plan Survey Data and Analysis
Excerpt: "This report updates our October 1, 2009 report on the funded status and contribution requirements for single employer defined benefit pension plans. Our goal in developing this update is to highlight some of the funding challenges faced by plan sponsors starting in 2010 and the potential effects of some funding relief proposals pending in Congress." (Mercer LLC)

DOL/Treasury Information Request on Lifetime Income Options for Retirement Plan Participants (PDF)
Excerpt: "The [request for information] itself specifically contemplates a possible review of existing guidance or other regulations and subsequent rulemaking. It consists of 39 questions organized into . . . eight sections . . . ." (Sutherland Asbill & Brennan LLP)

The Impact of Response Error on Participation Rates and Contributions to Defined Contribution Pension Plans (PDF)
16 pages. Excerpt: "The accuracy of information about coverage and contributions to defined contribution (DC) pension plans is important in understanding the economic well-being of future retirees because these plans are an increasingly important part of retirement income security." (U.S. Social Security Administration)

Lehman brothers Board Members Win Dismissal of Savings Plan Suit
Excerpt: "U.S. District Judge Lewis Kaplan today dismissed the case, in which board members were accused of knowing about Lehman's deteriorating condition and failing to protect the plan. Wendy Uvino, the chairwoman of the retirement plan, was also dismissed as a defendant in the suit. Kaplan said the complaint is 'devoid of any factual allegations' that Uvino knew or should have known any negative information that she was obliged to disclose." (Business Insurance)

Obama Administration Creating Programs to Increase Americans' Retirement Savings and Income
The administration efforts includes a proposed automatic IRA, increased tax credits, guaranteed lifetime income options, and new 401(k) regulations. (AP via msnbc.com)

Why Did Some Employers Suspend Their 401(k) Match?'
Excerpt: "The brief's key findings are: During 2008-09, over 200 employers suspended their 401(k) matches, affecting 5 percent of active 401(k) participants. Liquidity constraints rather than profitability concerns appear to be the reason." (Center for Retirement Research at Boston College)

New 401(k) Advice Rules Set to Come Out Soon
Excerpt: "The Labor Department is likely to issue new rules governing investment advice given to 401(k) plan participants by the end of this month, Assistant Labor Secretary Phyllis Borzi said today. 'We're hoping that by the end of February it will be out,' she said of the new rules, which are now under review by the Office of Management and Budget." (Pensions & Investments)

[Official Guidance] Text of Request by EBSA and IRS for Information Regarding Lifetime Income Options for Participants and Beneficiaries in Retirement Plans (PDF)
6 pages. Excerpt: "What are the advantages and disadvantages for participants of selecting lifetime income payments through a plan (in-plan option) as opposed to outside a plan (e.g., after a distribution or rollover)? . . . What are the advantages and disadvantages from the standpoint of the plan sponsor of providing an in-plan option for lifetime income as opposed to leaving to participants the task of securing a lifetime income vehicle after receiving a plan distribution? . . . How commonly do plan sponsors offer participants the explicit choice of using a portion of their account balances to purchase a lifetime annuity, while leaving the rest in the plan or taking it as a lump sum distribution or a series of ad hoc distributions? Why do some plan sponsors make this partial annuity option available while others do not?" (Employee Benefits Security Administration; Internal Revenue Service)

Are 403(b) Plan Administrators Prepared to Meet the New Regulatory Requirements?
Excerpt: "To better understand the effect of the new regulations on plan compliance, the TIAA-CREF Institute recently conducted a survey of more than 400 plan administrators at not-for-profit and governmental institutions with 403(b) plans. The results indicate that nearly three-quarters of respondents believe they are fully compliant with the new IRS and DOL regulations. However, nearly half also acknowledge that they have difficulty simply understanding the regulations." (TIAA-CREF Institute)

Special Report on Pension & Retirement Benefits: Playing Catch-Up
Excerpt: [H]ere's the problem: To avoid workers lingering longer in their jobs just to beef up their retirement accounts, employers need to be better problem solvers and get workers to save enough money to be self-sustaining through retirement. That has been the core issue ever since defined-contribution plans became the No. 1 way employees save for retirement." (Workforce Management; free registration required)

Ten New Year's Resolutions Defined Contribution Plan Sponsors Should Make Now
Excerpt: "Mercer has published a '10 for 2010' checklist of New Year's resolutions defined contribution (DC) plan sponsors should make now to address investment and plan-design concerns, fulfill fiduciary responsibilities and help participants meet their retirement objectives." (Mercer LLC)

Professional Help in Defined Contribution Plans: Is it Working and for Whom?
Excerpt: "Hewitt Associates and Financial Engines examine the topic of employer-sponsored professional help in 401(k) plans. It focuses on three of the most prevalent and fastest-growing types of professional investment help in employer-sponsored 401(k) plans today: target-date funds, managed accounts, and online advice." (Hewitt Associates)

401(k)s for Solo Businesses
Excerpt: "Their biggest benefit is they often allow for higher retirement-savings contributions than other plans. They also have less-complicated contribution rules than a Keogh, which offers high contribution potential but may require the expense of an actuary and extra paperwork." (The Wall Street Journal)

Kraft Foods Excessive Fee Case Thrown Out
Excerpt: "A federal judge in Illinois has turned away allegations by 401(k) participants at Kraft Foods Global that recordkeeping fees paid to Hewitt Associates were too high and the company stock fund was improperly unitized." (PLANSPONSOR.com)

Saving to Retire: Should It Be Pre-tax, After-tax or Roth?
Excerpt: "This analysis considers the following three options: Pre-tax (IRA, 401(k)): pre-tax contributions grow tax-deferred; distributions are subject to applicable tax; Taxable ('savings account' or 'side fund'): after-tax contributions are taxable based on the nature of the invested asset and extent of time the asset is held; Roth (Roth IRA, Roth 401(k)): after-tax contributions grow tax-free; distributions are tax-free." (Barry R. Milberg)

[Guidance Overview] 2010 Key Administrative Dates and Deadlines for Calendar-Year Defined Contribution Retirement Plans (PDF)
4 pages. (Milliman)

[Guidance Overview] Final Regs Provide 7-Day Safe Harbor for Contributions to Small Plans
Excerpt: "EBSA concluded that it is in the best interests of plan sponsors and participants/beneficiaries to amend the regulations to establish a safe harbor that will provide a higher degree of compliance certainty as to when participant contributions will be considered to have been deposited with the plan in a timely fashion. The final regulations, except for a few minor clarifying changes, are the same as the proposed regulations, according to EBSA." (Wolters Kluwer)

[Opinion] How Washington Might Change Your 401(k)
Excerpt: "To help investors steer clear of steep fees, better disclosure would be a great place to start. Reform recommendations have included requiring plans to disclose and itemize fees at least once a quarter, and making all plans offer at least one low-cost index fund." (The Motley Fool)

[Guidance Overview] DOL Finalizes 7-Business Day 'Safe Harbor' Deposit Deadline for Small Plans
Excerpt: "The final regulations became effective on January 14, 2010, their date of publication in the Federal Register. Notably, the proposed regulations also provided that employers who complied with the earlier proposed 7-day safe harbor would similarly be treated as if they had complied with the general rule. If they have not already, small plans will very likely seek to comply with the 7-business day safe harbor for the certainty and protection it provides." (Deloitte via BenefitsLink.com)

[Guidance Overview] DOL Finalizes Safe Harbor for Depositing Plan Contributions from Participants
Excerpt: "This edition of WorkCite highlights the guidance presented by the DOL that is relevant to all plans and discusses the key features of the safe harbor. [It includes examples and notes on specific issues.]" (McGuireWoods LLP)

A Guide to 401(k) Fees
Excerpt: "One reason it's often hard to get a handle on 401(k) expenses is that not all of the charges are paid directly by plan participants, some expenses are paid by employers. A new offering by BrightScope Inc., a 401(k) plan ratings and research company, can help you analyze your own 401(k) fees. The online calculator allows you to plug in mutual fund information and get a free report within minutes. BrightScope's analysis and ratings tools thus far have primarily helped HR departments compare plan features and services, but this calculator is designed for employees." (The New York Times; free registration required)

Supreme Court Won't Review Hecker v. Deere 401(k) Fee Decision
The target page provides links to the Full text of order list denying certiorari in Hecker v. Deere (Supreme Court, 19 Jan 2010) and the Full text of the Seventh Circuit's decision in Hecker v. Deere (12 Feb 2009). (Mercer LLC)

Target-Date Funds, Managed Accounts and Online Advice Improve Participants' Investment Performance
Excerpt: "Financial Engines and Hewitt Associates collaborated to find out what forms of professional help are ideal, and for whom, by analyzing a population of seven large plan sponsors from diverse industry segments representing more than 400,000 plan participants and roughly $20 billion in plan assets." (Employee Benefit News; free registration required)

DOL Sues for Illegal Payroll Deductions in Violation of ERISA
Excerpt: "The US Department of Labor has sued the owners of Mid-States Express, a bankrupt trucking company, for illegally deducting money from employee paychecks for medical coverage without actually paying its employees' medical bills. Bruce Hartmann, an officer and owner of the company, did not tell his employees that they were not receiving any health coverage. The lawsuit further alleges that Bruce Hartmann and his father, Terry Hartmann, failed to remit in a timely manner over $1.5 million in 401(k) plan participant contributions and loan repayments, as well as $65,000 in contributions and loan repayments -- funds which they instead for internal operations." (Online Legal Media)

[Opinion] The Supreme Court on Attorneys Fees and Hecker
Excerpt: "Honestly, I have spent a week scratching my head, off and on, over the Supreme Court granting cert to consider the standards governing when attorneys fees can be awarded in an ERISA case, particularly when they denied cert shortly thereafter in Hecker, which presented the opportunity to address the much more substantive issue of the scope of fiduciary responsibility for the amount - and corresponding degree of disclosure - of 401(k) fees." (Stephen Rosenberg of The McCormack Firm, LLC)

Federal Court Approves 401(k) Settlement Involving Hartford Life
Excerpt: "The settlement, whose financial terms were not publicized, involves the administrators of all 401(k) plans that used Hartford Life Insurance Co. as a full-service provider to design, implement, administer or assist in the administering of their 401(k) plans since Nov. 14, 2003, according to a statement from Shepherd, Finkelman, Miller & Shah, a law firm involved in the case." (New Horizon Group, Inc. :: Insurance & Financial Advisor)

Fact Sheet: Obama Middle Class Reform Proposals, Including Savings Initiatives (PDF)
4 pages. Excerpt: "There are immediate steps we can take to reduce the strain on family budgets by helping middle class families manage their child and elder care responsibilities, save for retirement, and pay for college. A year ago, President Obama appointed a Task Force on the Middle Class, naming Vice President Joe Biden as its chair. After a year of meetings held all over the country, today we are previewing elements of the recommendations of the Middle Class Task Force (the full report will be released in February)." (American Benefits Council)

Why the 401k Will Prevail: Innovations in Retirement in 2010
Excerpt: "[The target page is a discussion on] how the 401(k) program will continue to adapt and improve to meet the needs of the American workforce. The positive effects introduced by the Pension Protection Act of 2006 will be complemented by assured income products, increased fee transparency, and extended coverage to more Americans." (Profit Sharing / 401k Council of America via Scribd)

[Guidance Overview] DOL's 'Safe Harbor' for Remitting Employee Contributions to Small Plans (PDF)
2 pages. (Milliman)

Retirement Plan Industry Groups Lobby Congress to Allow Roth 401(k) Conversions
Excerpt: "Worried about losing some of the $3 trillion in assets they oversee, defined-contribution-plan administrators have forged a coalition with plan sponsors and retirees to lobby Congress to allow Roth conversions for 401(k) plan participants." (Investment News; free registration required)

[Guidance Overview] Plan Adviser Do's and Don'ts for Service Agreements
Excerpt: "Remember that even if you only work in the 403(b) tax exempt market and don't provide services to 401(k) (or other) plans, the rules governing service provider conduct and disclosures may still apply to you. Tax exempt 403(b)s are subject to ERISA if they fall outside the DOL's regulatory safe harbor, so you cannot assume that you can ignore the ERISA rules just because the plan doesn't say 401(k)." (Reish & Reicher)

State Retirement System Defined Contribution Plans (PDF)
6 pages. Excerpt: "This report lists state governments' defined contribution retirement plans designed as primary coverage for a group or class of state employees or state teachers: that is, it includes plans that eligible employees are required to join, or that are one of two or three alternative plans that employees choose among. States where they exist as primary plans are shown in maps . . . . [Originally published September 2009.]" (National Conference of State Legislatures)

Pennsylvania Law Firm Considering Filing Stock Drop Lawsuit Against State Street Corporation with Potential Claims of ERISA Violations
Excerpt: "Attorney Howard G. Smith said his firm is investigating whether the State Street 401(k) Savings Plan or the Employee Stock Ownership Plan continued to invest in company stock after it was no longer prudent to do so and whether such actions represented a fiduciary breach under ERISA." (PLANSPONSOR.com)

Assessing the State of Defined Contribution Plans Today: A Survey of Plan Sponsors
32 pages. (AllianceBernstein L.P.)

Data Show That Automatic Enrollment in 401(k) Plans Has Led to Higher Match Rates from Large Plan Sponsors (PDF)
4 pages. Excerpt: "New research from the nonpartisan Employee Benefit Research Institute (EBRI) finds that employers adopting automatic enrollment in their 401(k) plans have also generally increased the 'employer match' to participant's accounts -- in some cases, by a significant amount. The EBRI research is the first using actual plan information on both actual auto enrollment and actual match rateinformation both before and after adoption of auto enrollment." (Employee Benefit Research Institute)

[Guidance Overview] DOL Final Regulations Establishing Safe Harbor for Small Employers to Timely Deposit Elective Deferrals, Other Employee Contributions, and Participant Loan Repayments
Excerpt: "Consistent with the February 2008 proposed regulations, if the employer deposits the withheld amounts in the trust no later than the 7th business day following the date the employees would have received the contributions (payday), the regulations deem that the employer has satisfied the requirement to pay the contributions as soon as reasonably practical. The DOL adopted the proposed regulations with only minor changes." (SunGard Relius)

[Official Guidance] Text of IRS Notice 2010-15: Guidance Under HEART Act, Including Qualified Reservist Distributions Before Age 59-1/2 (PDF)
27 pages. Excerpt: "The sections of the HEART Act addressed in this notice are section 104 (relating to survivor and disability payments with respect to qualified military service), section 105 (relating to treatment of differential military pay as wages), section 107 (relating to distributions from retirement plans to individuals called to active duty), section 109 (relating to contributions of military death gratuities to Roth IRAs and Coverdell education savings accounts), and section 111 (relating to an employer credit for differential wage payments to employees who are active duty members of the uniformed services)." (Internal Revenue Service)

Briggs & Stratton to Pay Back Workers' 2009 Salary Cuts and to Restore Company's 401(k) Matching Contribution
Excerpt: "The company said it has restored its employee's salaries as well as the company's 401(k) matching contributions. 'We will see how the upcoming spring selling season goes before we make a decision as to whether or not we can repay the remaining 25%,' said Todd Teske, president and CEO . . . . 'We will try very hard to make that happen.' The company said that only after all salaried employees are reimbursed 100% will officers and key executives become eligible for reimbursement." (PLANSPONSOR.com)

Some Predictions About What's in Store for 401(k) Plans in 2010 and Beyond
Excerpt: "Despite the continuing recession, 401(k) providers will still be engaging in what I call the 401(k) 'arms race' - that is, offering more and more features to plan sponsors. In the early 1980s, when 401(k) plans began to evolve, plan features were pretty basic. But as they grew more prevalent and competition became more intense, plans became more robust with the addition of daily valuations, loans, self-directed brokerages, Web access, investment education tools, multishare classes and fiduciary assistance. Here are three more plan features that you are likely to see more of in 2010 and beyond . . . ." (Employee Benefit News; free registration required)

[Guidance Overview] Supreme Court Denies Cert in Hecker ERISA Case
Excerpt: "The Court today denied cert in Hecker v. Deere & Co., . . . and so we are left with a troubling precedent in the ERISA excessive fees class action area. The denial of cert. was surprising both because the Court accepted cert. in an ERISA attorneys fees case just this past Friday, and as BNA Daily Labor Report put it, 'the case has spawned a large-scale debate among Employee Retirement Income Security Act practitioners, fiduciaries, and academics over the fiduciary responsibilities tied to the investment choices made for 401(k) plans.'" (Workplace Prof Blog)

Supreme Court Will Not Review 401(k) Suit Against Deere and Fidelity
Excerpt: "The U.S. Supreme Court today rejected a review of the dismissal of a lawsuit against Deere & Co. and two Fidelity Investments units, claiming unreasonable fees were charged for investment options in Deere's $3.1 billion 401(k) plan." (Investment News; free registration required)

Four Smart Fixes for Your 401(k)
Excerpt: "No matter how well you position your portfolio, you can't count on market gains alone to power your 401(k) to greater heights. The only sure way to keep your account balance growing is to contribute more to your plan. Yet only 23% of participants have boosted the amount they're saving in the past year, and 20% are contributing less, according to a survey by Wells Fargo." (Money Magazine via CNN Money)

BrightScope Launches Personal 401K Fee Report
Excerpt: "San Diego based BrightScope, recently launched to help people navigate their 401k retirement plans and . . . to maximize the benefits. Today, the startup is launching its Personal 401k Fee Report that will let participants [figure] out exactly how much they are paying in fees in their specific plan." (The Washington Post; free registration required)

Retirement Expert Urges Diversity in 401(k) Options
Excerpt: "Roger Ferguson, CEO of TIAA-CREF, which provides retirement services to 3.6 million active and retired educators and non-profit workers, talked with USA TODAY's Sandra Block about his ideas for improving the retirement system." (USA TODAY)

What to Consider When You Need to Reconsider Your 401(k) Plan Match (PDF)
Excerpt: "Eliminating or reducing a matching contribution isn't something any employer wants to do, but more and more are discovering that it's something they have to consider. In this situation, there's much to appraise[:] Can I reduce or eliminate a match and still maintain Safe Harbor plan status? Should I eliminate the match overall? Do I have other options?" (ING Institute for Retirement Research)

Is Your 401(k) One of the Best?
Excerpt: "Most major companies offer a 401(k) plan for employees -- but not all such plans are alike. From the amount of matching funds employers offer to the quality of the stocks and funds available, the variations among 401(k)s can make a huge difference in their participants' returns. Here are some of 2009's highest-rated plans, courtesy of the folks at BrightScope . . . ." (The Motley Fool)

[Opinion] Clarity Needed on the Depth and Breadth of Fiduciary Authority and Discretion Under ERISA
Excerpt: "The fiduciary profession is an honorable and rewarding one. The roles and responsibilities undertaken by every fiduciary are important and valuable. Yet their true value must be conveyed to plan sponsors accurately in order to (a) fulfill statutory requirements prudently and (b) avoid creating frustration and confusion that comes from scrambled fiduciary messages." (401khelpcenter.com)

[Guidance Overview] 401(k) Benefits Properly Paid to Ex-Wife As Named Beneficiary on the Account
Excerpt: "U.S. Magistrate Judge Kenneth P. Neiman of the U.S. District Court for the District of Massachusetts ruled that Nadine Staelens properly deserved ex-husband Aaron's 401(k) benefits because she had not explicitly given up her rights to the money when the couple divorced in 2004 after 15 years of marriage." (PLANSPONSOR.com)

[Guidance Overview] Bankruptcy Doesn't Relieve Plan of ERISA Mandates
Excerpt: "A Department of Labor (DoL) administrative law judge has rejected the appeal by a 401(k) plan administrator of an $86,500 civil penalty, ruling the administrator's bankruptcy did not relieve it of requirements to properly file an annual report." (PLANSPONSOR.com)

[Guidance Overview] DOL Final Seven-Business-Day Safe Harbor for Depositing Participant Contributions and Loan Repayments in Small Plans
Excerpt: "By finalizing the safe harbor, the DOL clearly hopes to encourage plan sponsors to accelerate their remittance practices and improve compliance. The decision not to expand the safe harbor to larger plans may be disappointing to sponsors of those plans, but the reason for that decision -- a lack of information to appropriately evaluate the costs and benefits of expanded relief -- leaves some hope for the future." (Employee Benefits Institute of America)

[Guidance Overview] DOL's Final Participant Contributions Regulation (PDF)
3 pages. Excerpt: "The problem DOL has encountered in reviewing compliance with this general rule is that it is not always clear when is the 'earliest date' on which the segregation of contributions is possible. In February 2008, DOL proposed to create a 'safe harbor' to provide a higher degree of certainty. Under the proposed safe harbor, employers with plans that have fewer than 100 participants . . . would be considered to have been timely under the 'earliest date' requirement if the contributions are deposited within seven business days. DOL has now adopted this seven-business-day safe harbor rule, effective immediately. The rule applies for all 'small' plans, both pension and welfare benefit plans." (Morgan, Lewis & Bockius LLP)


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