fidu

I must admit, im not entirely clear on what information is captured in a schedule P. Any clarification would be greatly appreciated.

many thanks

are there regulations dealing with the time frame? i have not been able to find any guidance on what that time frame would be. is the VFC program applicable to wrong/not filing the 5500s?

thanks. so do you think the filing would not show up on free erisa for PR plans?

do pension funds of puerto rican government entities not file 5500s? do they have EIN/TINs?

not aware of any planned activity that would be relevant under either, just trying to get a handle on how collective trusts work really. im semi familiar with qualified plans' funds, but not at all familiar with collective trusts. maybe you can give me a quick overview of what they are and how they work??

what is the timeframe for filing an amended 5500 form for a pension fund?

Is a fiduciary of a collective trust necessarily bound under ERISA?

If a bank is trustee of ERISA plans who invest in the banks proprietary funds, can the bank charge their own proprietary funds a fee for work done in connection with filing regulatory reports such as 5500s. (is there a confilic of interest/affiliate/arms length issue here???) if so are these costs amortized by the funds? Thanks

I agree with you, however colleagues believe differently. somehow, they interpret the QPAM status to somehow relieve fiduciary oversight responsibilities of the trustee to monitor the investment manager, and the investments that manager makes as far as whether they are permissible under the terms of the trust agreement. It is my understanding that the investment manager must adhere to the terms of the trust agreement whether they have QPAM status or not. Colleagues argue that we have no duty to make sure QPAMs only invest as permitted under the trust agreement.

anyone potentially effected by GLB provisions. Anyone have a status update on GLB for me please?

YES - specifically the QPAM issue in 84-14. and im not concerned w/ state law issues, only with fiduciary duties under ERISA that relate to the QPAM inv. mgr as opposed to a non QPAM type "bill and teds excellent investment managers". does the ficuciary obligation of the trustee to oversee the investments change if the mgr is a QPAM or NOT? Thanks again.

any guidance on this one would be greatly appreciated.

do trust departments of state chartered banks have different oversight responsibilities as a fiduciary of ERISA governed accounts managed by QPAMS as compared to those managed by non qpams?

What is the potential effect of GLB as it relates to trades executed by a state chartered trust department for clients - such as passive order taking and other securities transactions? what is the current status of the legislation and the scheduled effective date? does this end the trust exception?

thanks. but for the funds that ARE domicilled in the US though, why are these not scrutinized??? it seems completely ABSURD. just like foreign tax heavens like cayman, guernsey, jersey, etc, we have no control over the offshore players but for ones that are HERE we are looking away? seems like a big scandal to me. im fully aware that the answer will not be posted on this website!!!! . . . but was curious what others thought and if ya'all agreed?

Is anyone aware of any PTEs that deal with Futures Clearing and Execution issues as they may relate to ERISA funds and affiliates. is this just an arms length rule or is there specific guidance.??? thanks in advance.

anyone know reason(s) that hedge funds are not included in the Patriot Act but ERISA governed pension funds are???? this seems rather strange seeing that hedge funds have scant reporting requirements whereas pension funds are highly regulated. wouldnt it make sense that money laundering was much more rampant in the less regulated hedge fund world than highly regulated pensions? am i missing something? any thoughts?

Anyone up on this legislation as it relates to eb plans? What is the possible rational for treasury including financial institutions, but NOT hedge funds in the rules covering anti money laundering practices?

THANKS guys. That was exactly what I was lookin for. So correct me if im wrong, but for DCs, the rule seems to be that unless the plan provides something like "may invest greater than 10% in company stock" they violate provisions of ERISA if they hold more than the 10% of company stock. THANKS EVERYONE, have a great weekend.

Thanks MB I have the RIA series of 3 books. those? which book, what page please. Everyone - Thanks once again.

Many thanks. Can that conf. report be viewed anywhere on the web???

KIRK and STEVE seem to have diametrically opposed views on this. anyone out there able to break the tie? Kirk: why do you think the writing requirement has anything to do with percentage. the way ERISA 407 reads is that it is requried to be in writing for DC plans but does not specifiy a percentage limitation.

ok, i think were half way there. 407(d)(3)(B) does indeed discuss indiv. acct plans (DCs) requirement that the plan docs/trust deed must explicitly provide for the acquisition and holding of employer securities . . . BUT, I still DO NOT see any reference to THE PERCENTAGE OF EMPLOYER STOCK the plan is permitted to hold if the documents merely say "may invest in common shares of employer securities". when the docs explicitly permit investing in employer securities but are silent on how much of it they can hold, , , whats the rule? only 10% or up to 100% ? ? ? ? ? thanks again.

I have scoured the ERISA regs for any clarification on whether there needs to be written permission in plan docs allowing for a DC to invest above 10% in company stock, but find N O T H I N G anyone aware of any private letter rulings or other guidance that may be useful