September 12, 2003 - 13,400 subscribers Today's sponsor: Thompson Publishing Group, Inc. (Click on company name or banner to learn more.) ![]() “More 12b-1 Fees Come to Market” An Interactive Audio Conference Thursday, September 18, 2003 * 2:00-3:30 p.m. ET Learn how to add leverage in negotiating for 401(k) plan services! Discover how recent rulings have opened the way for more 12B-1 fees to be used this process! Join us on September 18 for this interactive audio conference and learn the details of and how to adjust to the DOL’s new ruling. (Please visit our sponsors. We try to make sure their products and services will be of interest to you. Thanks! --Editor) Text of DOL Advisory Opinion on Use of Mutual Fund Profiles for ERISA 404(c) Compliance Excerpt: "[Y]ou ask whether a participant-directed individual account plan's delivery of a mutual fund Profile, as described below, to participants and beneficiaries immediately before or immediately after their investment in the mutual fund would satisfy regulations issued by the Department of Labor (Department) pursuant to section 404(c) of ERISA." (U.S. Department of Labor, Employee Benefits Security Administration) Employee Ownership Update for September 11, 2003 NCEO Executive Director Corey Rosen reports that the Financial Accounting Standards Board (FASB) has delayed issuing rules on expensing options and other equity pay; the IRS has issued final rules on qualified cost sharing arrangements and equity compensation; and the FASB has delayed implementing rules that threaten to pose problems for many private ESOP companies. (National Center for Employee Ownership (NCEO)) California Legislators Debate Raising Pension Cap to 100% of Pre-Retirement Salary Excerpt: "A stalled, highly controversial bill boosting local and state public safety employee pension caps to 100 percent of workers' final salaries has been quietly resurrected and is advancing at the 11th hour of this year's legislative session." (Tri-Valley Herald) Broadening Pension Portability for Public School Teachers through Interstate Reciprocity (PDF) 17 pages; a 'Survey of Current Statutes and Model Legislation.' Excerpt: "NCTR conducted a survey of retirement systems to determine whether any states permit interstate pension reciprocity, that is, the transfer of the value of a teacher's (or other public employee's) retirement service credit to another state. 3 Through the survey, it identified existing statutes that authorize such transfers. It then developed model legislation. It also drew up a list of alternatives to portability." (National Council on Teacher Retirement) Links to Items on Executive Comp, Benefits in General Text of Final Split-Dollar Regulations (PDF) 58 pages. Not yet published in the Federal Register (as of September 12, 2003). (Internal Revenue Service) Text of Revenue Ruling Making Old Rulings Obsolete for Split-Dollar Arrangements After 9/17/2003 (PDF) 2 pages. Excerpt: "In the case of any split-dollar life insurance arrangement entered into on or before September 17, 2003, taxpayers may continue to rely on [the foregoing-listed] revenue rulings to the extent described in Notice 2002-8, but only if the arrangement is not materially modified after September 17, 2003." (Internal Revenue Service) Treasury and IRS Release Split-Dollar Regs in Final Form; Most Public Comments Rejected Press release; includes link to text of the final regs. Excerpt: "[On September 11, 2003,] the Treasury Department and the IRS issued final regulations on the tax treatment of split-dollar life insurance arrangements. The regulations provide comprehensive tax rules for split-dollar life insurance arrangements that are entered into or materially modified after September 17, 2003." (U.S. Treasury Department) Bill for Enhanced Pensions for Disabled Federal Employees Nears Approval Excerpt: "The legislation is designed to make up for the retirement-fund contributions a federal employee who is injured on the job can't make while being paid under workers' compensation. Funds for the Federal Employee Retirement System come from three sources ... Under the legislation just approved by Congress, the FERS direct benefit would be increased from 1 percent to 2 percent to make up for the shortfall during the disability." (Fredericksburg.com) Disability Benefits Received Under a Pension Plan Were Includible In Gross Income Disability retirement benefits that a taxpayer received under a pension plan were includible in the taxpayer's gross income because the benefits did not meet the requirements for exclusion under IRC Sec. 105(c). This was the ruling of the U.S. Tax Court in Enloe v. Commissioner (Docket No. 14031-01S. T.C. Summary Opinion 2003-81). (Spencer Benefits Reports) Newly Posted or Renewed Job Openings
FSA Manager for Suburban Philadelphia employee benefits firm in DE, NJ, PA Junior Administrator for Daily Valuation Firm in FL Employee Benefits Consulting Practice Leader for Clifton Gunderson LLP in IL, WI Financial and HR Executive for CFG in CT Retirement Services Specialist for Trust Company in ME Pension Administrator for Third Party Administration Firm in MO Distribution Processor for Third Party Administrator Firm in TX Entry Level DC Administrator for Third Party Administrator Firm in TX Retirement Defined Contribution Administrator/Compliance Officer for West Virginia Consolidated Public Retirement Board in WV Regional Sales Director for Hartford Life in ALL STATES Plan Manager for Hartford Life in CT Newly Posted Webcasts (Post Yours!) Retiree Medical Care: Easing the Pain, Developing a Cure on September 18, 2003 presented by Hewitt Associates Newly Posted Press Releases (Post Yours!) 401(k) Risk Management Platform Partners With Walker MacRae To Serve TPAs (Normandie Institutional Advisors) New 401K Investment Education Program Released. (ICC Plan Solutions) Labor Department Releases Advisory Opinion on Profile Information Provided by Retirement Plan Fiduciaries (U.S. Department of Labor, Employee Benefits Security Administration) Towers Perrin Calls for Legislative Clarity for Cash Balance Plans (Towers Perrin) John Bremer CPA MBA EA joins The412iCompany (The412iCompany) Assistant Secretary Ann L. Combs Calls For Reforms to Strengthen Workers’ Retirement Security (U.S. Department of Labor, Employee Benefits Security Administration) Pension Coverage among Small Firms Grows, But Continues to Lag Averages Due to Revenue, Cost Concerns, Says EBRI (Employee Benefit Research Institute) ERISA Advisory Council to Hold September Teleconferences (U.S. Department of Labor, Employee Benefits Security Administration) Handy Links:
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