February 20, 2002 - 12,350 subscribers Today's sponsor: COBRAhelp.com (Click on company name or banner to learn more.) Become a Certified COBRA Administrator with the COBRA Training & Certification Program. Delivered right to your desktop, the Program consists of 18 Lessons, with each Lesson having specific learning objectives that are reinforced by "Knowledge Checks" and "Section Quizzes" that help you measure your progress. The program also includes a bookmark feature that allows you to learn at your own pace - or to pause your training for unscheduled interruptions. Order now to earn your "Certified COBRA Administrator" designation! (Help BenefitsLink to provide this newsletter at no charge to you -- our sponsors pay our way. Remember to visit them periodically; we try to make sure their products and services will be of interest to you. Thanks! --Editor) American Benefits Council Offers Update on State Income Tax Conformity with EGTRRA Excerpt: "Serious problems confront taxpayers in many states that have not yet modified their tax law to correspond to retirement provisions of federal tax law that were changed last year. While some states have begun to respond to this problem, others have not." (American Benefits Council) Gannett Co. Lifts Sales Restrictions on Matching Company Stock in 401(k) Plan Excerpt: "Participants in Gannett Co.'s 401(k) plan can now sell any of their plan assets without restriction, the media company announced." (PLANSPONSOR.com; free registration required) Investments in Employer Stock: the Enron Legacy Excerpt: "For individual account plans, which include profit-sharing and 401(k) plans, there is generally no overall limit on the amount of qualifying employer securities that may be owned by the plan. However, an individual account plan must explicitly authorize investments in qualified employer securities." (Law.com) Pros and Cons of Retirement Reform Excerpt: "In the wake of the Enron implosion, Congress is suddenly buzzing with ideas about how to fix your retirement account -- though you may not have thought it was broken. In the end, a lot of the debate in Washington boils down to this question: Do average investors need to be protected from themselves?" (TheStreet.com via International Foundation of Employee Benefit Plans) Opinion: Employer Stock in 401(k) Plans Can Be Great Mystery Carnival Excerpt: "[U]nless you are vested in a good defined benefit pension that will provide a substantial portion of your retirement income, having company stock dominate your 401(k) plan reduces it from a savings program to a carnival game." (Scott Burns of The Dallas Morning News) In England, KPMG Warns of Shift to Defined Contribution Plans Excerpt: "The closure of final salary pension schemes in Britain could mean workers get much lower pensions when they retire, according to research published by consultant KPMG. Pensioners could receive benefits up to 30 percent lower because contributions by employers to final salary schemes tend to be higher than to alternative scheme types, KPMG said." (Reuters.co.uk) Overview: Social Security Commission Makes Three Proposals Excerpt: "Whatever the three proposals' prospects for success, they have added some important new wrinkles to the debate over Social Security and its relationship to private retirement plans. For one thing, the proposals would require workers to take at least a portion of their accumulated savings as an annuity or as gradual withdrawals." (PLANSPONSOR.com; free registration required) More Proposed Regulations Issued on Golden Parachute Payments Excerpt: "These proposed regulations are proposed to apply to any payments that are contingent on a change in ownership or control occurring on or after January 1, 2004. Taxpayers may rely on these proposed regulations until the effective date of the final regulations. Alternatively, taxpayers may rely on the 1989 regulations for any payment contingent on a change in ownership or control that occurs prior to January 1, 2004." (Internal Revenue Service) Guidance Provided Relating to Golden Parachute Payments Contingent on Change in Ownership or Control Excerpt: "The IRS has issued proposed regulations relating to golden parachute payments to provide guidance to taxpayers who must comply with Code Sec. 280G. The proposals would apply to any payments that are contingent on a change in ownership or control occurring on or after January 1, 2004 ... Rev. Proc. 2002-13 ... provides guidance for valuing stock options, including a safe harbor for valuing compensatory stock options for purposes of Code Secs. 280G and 4999." (CCH) Tech Firms Fight Shift In Rules On Options Excerpt: "The bill could reduce the earnings that many companies report by millions of dollars, in some cases meaning the difference between showing a profit and posting a loss. At issue is whether stock options, which are offered to managers and employees as compensation, must be listed as an operating expense." (Washington Post) Do Stock Options Buy Silence? Excerpt: "It's also true that when a company's stock is performing monstrously well, few people want to rock the boat, even if they know that shortcuts may have been taken. That leads us to the subject of stock options. There is a growing trend among companies to issue such options to rank-and-file employees, not just those in the executive suite." 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Copyright 2002 BenefitsLink.com, Inc., but you may freely distribute this email newsletter in whole. This newsletter is edited by David Rhett Baker, J.D.
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