February 7, 2006 Today's sponsor: ASPPA • Working for America's Retirement™ (Click on company name or banner to learn more.)
SPARK Releases Rule 22c-2 Sample Contract Language Excerpt: "The SPARK Institute has released sample contract language for retirement plan service providers to use in compliance with Securities and Exchange Commission (SEC) Rule 22c-2. In its press release, SPARK notes that SEC Rule 22c-2 permits mutual funds to impose redemption fees on shareholders." (PLANSPONSOR.com: one-time registration required) Rule 22c-2 Sample Contract Language for Retirement Plan Service Providers (PDF) 3 pages. Excerpt: "The Intermediary agrees to provide certain information to the Fund solely for the purpose of facilitating the Fund's compliance with Securities and Exchange Commission ('SEC') Rule 22c-2. TheIntermediary agrees to provide the Fund, upon written request, the taxpayer identification number (if known) of all Shareholder(s) that purchased, redeemed, transferred or exchanged Shares through an account maintained by the Intermediary ...." (The Spark Institute) WP Abstract: Importance of Default Options for Retirement Savings Outcomes: Evidence from the U.S. Excerpt: "This paper summarizes the empirical evidence on how defaults impact retirement savings outcomes. After outlining the salient features of the various sources of retirement income in the U.S., the paper presents the empirical evidence on how defaults impact retirement savings outcomes at all stages of the savings lifecycle, including savings plan participation, savings rates, asset allocation, and post-retirement savings distributions." (National Bureau of Economic Research; paid subscription or individual purchase required to retrieve full-text) Talking Points: Automatic Enrollment and Automatic Acceleration Features (PDF) 2 pages. Excerpt: "The Council recommends that two modifications be made to the House approach to the safe harbor." (American Benefits Council) Using Tobacco Cash for City Pension Deficit Proposed for San Diego Excerpt: "The San Diego City Council yesterday endorsed Mayor Jerry Sanders' plan to pump $100 million into San Diego's troubled retirement system by borrowing that amount against a stream of tobacco settlement money." (The San Diego Union-Tribune) ERISA's Provision Governing the Termination of a Pension Plan and Chapter 11 (PDF) 46 pages. Excerpt: "The distress termination under ERISA of a pension plan in a chapter 11 case relieves the debtor of the contractual obligations arising from the pension plan agreement and the statutory obligations imposed by ERISA but results in a claim for accrued but unpaid funding contributions." (Thomson/West via Gardner Carton & Douglas) U.K. Pension Watchdog Could Hit Firms, Economy, Confederation of British Industry Warns Excerpt: "The Confederation of British Industry warned on Monday that thousands of companies face a cash crisis, because the U.K. pension regulator has set harsh requirements for the financial health of their retirement plans." (Business Insurance) Legislative Outlook -- $30 PBGC Premium Likely; Boehner New House Majority Leader Excerpt: "[CCA Strategies reviews] two recent actions taken by the House that will affect pension policy." (CCA Strategies, LLC) Many Employees Discover It Pays to Own the Company Excerpt: "A growing number of small and medium-sized businesses are embracing employee ownership as a means of motivating staff members and ensuring the continuity of their companies. 'Employee ownership' refers to the concept of granting ownership of a business to all or almost all of the business' employees, through distribution of company stock." (Arizona Daily Star) Fiduciary Responsibility: Attention to Details Can Make a Big Difference Excerpt: "Given that an ERISA fiduciary can be held personally liable for losses that result from a breach of fiduciary duties, or the breaches of other plan fiduciaries, the New Year seems a good time for a quick review of plan governance strategies that can reduce the number of potential fiduciary defendants." (PLANSPONSOR.com: one-time registration required) Blog: Pensions in the Blue Book Excerpt: "Pension provisions included in the General Explanations of the Administration's Fiscal Year 2007 Revenue Proposals (i.e., the 'Blue Book'), released [January 6, 2006] by the Treasury Department, largely reflect proposals that have been advanced by the Administration in prior years." (BeneBlog) Commentary: Retirees Might Find Themselves Halfway to Nowhere Excerpt: "From all appearances, it looks as though significant numbers of people are waiting for the design and building of the retirement system to be completed before they get seriously involved with it. Social Security is front and center here. Why do a lot of one's own retirement planning in mutual funds before one knows whether and how Social Security will be 'reformed'? More broadly, if our leaders can't agree on how society at large should plan for its future old people, ...." (Bloomberg News) IRS Weighted Average Interest Rate Table Updated for February 2006 Weighted average for February 2006: 4.84% (U.S. Internal Revenue Service) Links to Items on Executive Comp, Benefits in General Final FASB STAFF POSITION -- No. FAS 123(R)-4 (PDF) 7 pages. Excerpt: "This FASB Staff Position (FSP) addresses the classification of options and similar instruments issued as employee compensation that allow for cash settlement upon the occurrence of a contingent event. The guidance in this FSP amends paragraphs 32 and A229 of FASB Statement No. 123 (revised 2004), Share-Based Payment." (Financial Accounting Standards Board) Application of Deferred Compensation Rules under Code Section 409A to Separation Pay Arrangements (PDF) 3 pages. Excerpt: "This Client Alert focuses on the treatment of severance plans and other arrangements that provide for payments upon a separation from service under the proposed regulations issued under Code Section 409A." (Powell Goldstein LLP) Executive Remuneration Perspective: SEC to Overhaul Executive Pay Disclosure Excerpt: "Although the proposals are unlikely to be adopted until later this year, they are accompanied by several interpretations of the current disclosure rules (particularly the rules governing perquisites disclosure), which will likely affect the form and content of corporate disclosures in the upcoming proxy season." (Mercer Human Resource Consulting LLC and Mercer Investment Consulting, Inc.; one-time registration required) Overview: Executive and Director Compensation Disclosure (PDF) 8 pages. Excerpt: "The proposed rules would refine the currently required executive compensation tabular disclosure and require improved narrative disclosure regarding executive compensation." (Snell & Wilmer) Overview: DOL Releases Fiscal Year 2005 Employee Benefit Plan Enforcement Statistics Excerpt: "The DOL uses information gathered from a variety of sources to decide which plans to subject to civil or criminal investigation. Included among these sources are the informal complaints the DOL receives and data collected from Form 5500 annual reports, including accompanying Schedules and independent accountants' opinions (auditor reports)." (Employee Benefits Institute of America Inc.) Additional sponsor: ASPPA • Working for America's Retirement™ (Click on company name or banner to learn more.)
Newly Posted Events Addressing Employee Privacy Issues and Preventing Violence in the Workplace in California on February 28, 2006 presented by Precept Human Capital Management Addressing Employee Privacy Issues and Preventing Violence in the Workplace in California on March 2, 2006 presented by Precept Human Capital Management Addressing Employee Privacy Issues and Preventing Violence in the Workplace in California on March 7, 2006 presented by Precept Human Capital Management Educational Workshops for Self Directed IRAs in Florida on March 1, 2006 presented by PENSCO Trust Company The Consumer Directed Health Care Conference in California on May 8, 2006 presented by Transmarx, LLC Newly Posted Press Releases Segal Compliance Alert: "PBGC Premiums Increased Significantly by the 2005 Deficit Reduction Act" (The Segal Company) Sample Contract Language Available for Compliance with SEC Rule 22c-2 (SPARK Institute) Newly Posted or Renewed Job Openings
Employee Products Marketing Communication Manager (Pension Products) for CUNA Mutual Group in WI Director, Benefits Compliance for Gevity in FL Sr. Relationship Manager, Retirement Services for AIG VALIC in CA, TX Director of Technology for CDM Retirement Consultants in MD Sr. Sales Recruiter for ING US Financial Services in CA Employee Benefits/ERISA Associate for Keating Muething & Klekamp PLL in OH Compensation Consultant - Non Qualified Executive Benefits for Buck Consultants, an ACS company in GA Investment Education Consultant for Fidelity Investments in TN OmniPlus Expert for DC Specialists in ANY STATE Conversion/DeConversion Processing Specialist for Benesystems in AZ Handy Links:
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