If the headlines in this newsletter aren't clickable for you,
please use the online, clickable version at:
https://benefitslink.com/2004/2004_06_09_retirement.html
(click or copy-and-paste the above address into your web browser)

BenefitsLink
Retirement Plans
Newsletter		To BenefitsLink home page Fill your job openings fast by advertising on BenefitsLink

June 9, 2004 - 13531 subscribers
Today's sponsor: DATAIR Employee Benefit Systems, Inc.

(Click on company name or banner to learn more.)

DATAIR Pension & Benefits Software Sale
License one DATAIR system and receive another one of equal or lower
price without license fee!*
Regardless if you're just starting out in the business or looking to
expand your services, you can take advantage of this limited time offer.
Choose from:
DC/401(k) System          Retirement Plan Documents
Defined Benefit System    Pension Reporter
Cafeteria Administration  Cafeteria Plan Documents
Client Manager
Contact sales@datair.com or call 1-888-328-2474.
(*Restrictions apply; see website for details.)

(Please visit our sponsors. We try to make sure their products and services will be of interest to you. Thanks! --Editor)
Overview: Supreme Court Issues Opinion In Central Laborers' Pension Fund v. Heinz
Excerpt: "One of the most interesting parts of the case is that the Court notes a statement in the Internal Revenue Manual which had supported the position that the amendment could be made, and that the IRS had routinely approved amendments to plan definitions of 'disqualifying employment.' However, the Court cited Treasury regulations under Internal Revenue Code section 411(d)(6) as creating a conflict with these provisions." (Attorney B. Janell Grier on BenefitsBlog)

Overview: New Rules for Those Plans Required to Provide QJSA and QPSA Notices (PDF)
5 pages. Excerpt: "[Because] QJSA explanations must be provided no later than 30 days and no more than 90 days prior to the annuity starting date, the revised QJSA explanations may be required as early as July 3, 2004." (Trucker Huss)

Text of Rev. Proc. 2004-37: Source Rules for Pension Payments to Nonresident U.S. Aliens (PDF)
10 pages. Excerpt: "This revenue procedure provides a method for determining the source of a pension payment to a nonresident alien individual from a defined benefit plan where the trust forming part of the plan is a trust created or organized in the United States that constitutes a qualified trust under ยง 401(a) of the Internal Revenue Code." (Internal Revenue Service)

San Diego Settles Pension Litigation
Excerpt: "San Diego's public pension board has okayed a lawsuit settlement pact with retirees after members voted to clear some trustees of conflicts of interest that might violate California law." (PLANSPONSOR.com; one-time registration required)

Audit of Colorado Pension Fund Finds 'Unreasonable and Unnecessary' Expenses
Excerpt: "A state audit of a retirement plan for Colorado's county employees found high fees for investors that helped pay for hundreds of thousands of dollars of employee expenses, including golf, alcohol and travel." (Rocky Mountain News)

Regulators to Warn of Annuity Abuses
Excerpt: "Regulators will release a report today that says the variable annuity business is plagued by abusive sales tactics and will urge consumers to be cautious." (Los Angeles Times; one-time registration required)

Links to Items on Executive Comp, Benefits in General

Practitioners Discuss ERISA Litigation Strategies At ALI-ABA Conference
Excerpt: "[Robert N. Eccles, of O'Melveny and Myers, L.L.P.] pointed out that many courts have obliged fiduciaries to make joint and several restitution ... Additionally, the Ninth Circuit has held that an employer can commit a breach of fiduciary duty with regard to misstatements made by its human resource personnel if the misstatements are made as a result of the human resource personnel being kept out of the information loop by the employer." (CCH News & Information Library)

Germany To Allow Same-Sex Marriages
Excerpt: "G.ay couples have been able to register their relationships since 2001, but the new laws will grant them almost all of the same rights as married heterose.xuals. In addition to tax benefits, g.ay and les.bian couples will inherit pensions and property from their partners if they die." (Guardian Unlimited)

Text of American Benefits Council's 10-Year Plan for Benefit Security (PDF)
129 pages. Excerpt: "In each of the four areas that the strategic plan addresses -- future retirement systems, future health care systems for active employees, future retiree health and long-term care systems and future stock plans -- we have set forth a vision statement that directly explains the opportunities and expectations for the main stakeholders in the system." (American Benefits Council)

Newly Posted Events

Complying with HIPAA's Security Rules
Nationwide on June 15, 2004
presented by Ballard Spahr Andrews & Ingersoll, LLP

Cross-Tested Plans Workshop
Nationwide on August 19, 2004
presented by SunGard Corbel

Plugged In - Even If You Build It, They Don't Always Come - Motivating Participants to Use Retirement Planning Tools
Nationwide on June 17, 2004
presented by PLANSPONSOR

Reversing a Supersized Epidemic: Policy Options For Dealing With Obesity
Nationwide on June 7, 2004
presented by Kaiser Family Foundation

Safe Harbor 401(k) Plan Workshop
Nationwide on August 20, 2004
presented by SunGard Corbel
Newly Posted Press Releases

ERISA Advisory Council to Hold First Meeting of 2004
(U.S. Department of Labor, Employee Benefits Security Administration (EBSA))

U.S. Labor Department Settles Suit Against Alabama Firm and Plan Officials Over Delinquent Employee Contributions
(U.S. Department of Labor, Employee Benefits Security Administration (EBSA))

Council Unveils Long-Term Strategic Plan With Goals, Recommendations for Preserving Employee Benefits
(American Benefits Council)

SEC and NASD Release Joint Staff Report on Broker-Dealer Sales of Variable Insurance Products
(U.S. Securities and Exchange Commission)

Treasury Issues Guidance On Withholding Tax Treatment Of Cross Border Pension Distributions
(U.S. Department of Treasury)

Sharp Benefits, Inc. and BCG Terminal Funding Company have merged
(BCG Terminal Funding Company)

SunGard Corbel Acquires SBPA Systems, Inc.
(Capstone Partners)

Eldercare Responsibilities Strain Careers, Marriages, SeniorBridge Family Study Shows
(SeniorBridge Family)
Newly Posted or Renewed Job Openings
Post a Help Wanted Ad

Account Executive
for Transamerica
in DC

Retirement Account Manager
for Charles W. Cammack Associates, Inc.
in NJ, NY

Senior Benefits Administrator
for Sodexho
in MD

Consulting Associate
for McCready and Keene, Inc.
in IN

Consultant Assistant
for Associated Pension Consultants
in CA

Client Transition Administrator
for PennRock Financial Advisors, N.A.
in PA

Handy Links:
Copyright 2004 BenefitsLink.com, Inc.; except that you can forward this email in full (including this boilerplate part) or otherwise reprint this email in full (including this boilerplate part) without obtaining our permission.

Published by:

BenefitsLink.com, Inc.
https://benefitslink.com/about.html
1298 Minnesota Avenue, Suite H
Winter Park FL 32789
(407) 644-4146
Fax: (407) 644-2151

Editor and Publisher: David Rhett Baker, J.D.

Housekeeping: