October 6, 2006 Today's sponsor: EBG Systems, Inc. (Click on company name or banner to learn more.)
Overview: Fiduciary Liability Relief for Investments in 'Qualified Default Investment Alternatives' (PDF) 5 pages. (Pillsbury Winthrop Shaw Pittman LLP) Overview: Lawsuits Assert that Fee Information Was Not Adequately Disclosed to Plan Participants Excerpt: "In a series of seven class action lawsuits filed on September 11, 2006, plaintiffs' attorneys launched an all-out assault on the fee structure employed by most 401(k) plans. These cases challenge investment-related fees paid by plans to service providers, including revenue sharing arrangements between plans, mutual funds, and recordkeepers." (BNA Tax Management) Managing Your 401(k) Plan: Choosing Providers and Advisers Excerpt: "While selecting or monitoring a 401(k) service provider can seem overwhelming and complicated, plan sponsors are better equipped than ever. Massive provider consolidation means fewer, better choices as the remaining competitors pour significant resources into people, technology and services." (Employee Benefit News) Court Throws Out Chicago Tribune Fiduciary Breach Case Excerpt: "Because the effect of an advertising scandal on the Tribune Company's bottom line was minimal, those running two of its 401(k) plans did not breach their fiduciary duties by not dropping a company stock plan investment option, a judge has ruled." (PLANSPONSOR.com; one-time registration required) Overview of the Notice, Reporting and Disclosure Requirements under the Pension Protection Act (PDF) 8 pages. Excerpt: "For example, under the PPA, benefit statements containing specified information will have to be provided regularly to participants in all pension plans (not only on request as under current law). Also, with respect to the reporting rules for defined benefit plans, additional information will be required, but the summary annual report requirements that previously existed will be repealed." (Pillsbury Winthrop Shaw Pittman LLP) New York State Public Workers Get the Eighth-Highest Pension Benefit, a National Study Concludes Excerpt: "Workers for state and local governments and school districts collected an average pension of $23,891 in 2005, or about 16 percent above the national average, according to the study released yesterday by The Public Policy Institute of New York State. That's the research arm of the Business Council of New York State." (New York Post) Union Groups Examine New Models for Retirement Plans (PDF) Pages 5-6 of 6 pages. Excerpt: "The September 4, 2006, issue of Pensions & Investments magazine featured an article regarding two union groups, AFL-CIO and the Service Employees International Union (SEIU), who are developing separate hybrid retirement plan models." (Gabriel Roeder Smith & Company) Opinion: Big Labor and Hybrid Pension Plans Excerpt: "Commentators on the pension scene view it as highly significant that these major unions, traditional supporters of DB plans, are looking at models that, while preserving some elements of those plans, aim to expand the role of DCs in building atop the Social Security floor to provide retirement income at an adequate 'replacement' level. In this lexicon, adequacy translates to 70% of pre-retirement income." (BNA Pension & Benefits Blog) The Basics of Saving and Investing: Investor Education 2020 Guide Excerpt: "The Basics of Saving and Investing: Investor Education 2020 guide is an investor education and protection teaching guide. It was developed for high school teachers, however its content lends itself to all kinds of investor education and protection initiatives including college courses, work place education, after school programs, seminars for adults and seniors, etc." (Investor Protection Trust) Sharp Rise in Legal Work Expected Following the Recent Passage of Pension Reform Law Excerpt: "Specifically, lawyers in tax, trusts and estates, and employee benefits anticipate that the law, called the Pension Protection Act of 2006, could bring more legal work from employers looking to overhaul the retirement plans they offer to employees.' (The National Law Journal via Law.com) Overview: Landmark Ruling and New Pension Act Validate Legality of Hybrids Excerpt: "Two recent monumental developments in the pensions industry could result in a radical shift in how retirement benefits are managed, with the possibility that a surge in cash balance conversions could occur. First, a U.S. appeals court ruling in early August paved the way for cash balance, or hybrid, plans to operate without legal constraint." (Employee Benefit News) Links to Items on Executive Comp, Benefits in General Overview: IRS Extension of Compliance Deadline for New Deferred Compensation Rules Excerpt: "Bowing to the inevitable, the IRS has acknowledged that it will not be able to issue final regulations under Internal Revenue Code ยง409A in time for taxpayers to comply by December 31, 2006, and has extended the compliance deadline to December 31, 2007." (Seyfarth Shaw LLP) Overview: Deferred Comp Plan, Section 409A, Compliance Period Extended until December 31, 2007 (PDF) 4 pages. Excerpt: "Extended Good Faith Compliance: Plans adopted on or before December 31, 2007 will not be deemed to violate Section 409A so long as such plans are (a) operated in 'reasonable, good faith compliance' with the provisions of Section 409A and applicable guidance issued prior to January 1, 2008 and (b) amended before January 1, 2008 to conform to the provisions of Section 409A and the final regulations." (Morgan, Lewis & Bockius LLP) Overview: Treasury Extension of Transition Relief under Section 409A (PDF) 2 pages. Excerpt: "A nonqualified plan maintained pursuant to a collective bargaining agreement in effect on October 3, 2004 is not required to comply with section 409A until December 31, 2009 or, if earlier, the date on which the collective bargaining agreement terminates (without regard to any extensions made after October 3, 2004)." (Miller & Chevalier Chartered) Overview: IRS Extension of Transition Period under Section 409A (PDF) 3 pages. Excerpt: "According to the Notice, the IRS is attempting to finalize the proposed regulations by the end of 2006 and the regulations will not be effective until January 1, 2008. Compliance with the proposed or final regulations is not required for good faith compliance prior to 2008. However, compliance with the proposed or final regulations will be deemed good faith compliance." (Groom Law Group) Interview: Advice from an HR Pro Excerpt: "EBN Associate Editor Leah Carlson Shepherd recently interviewed [HR veteran Elizabeth Ann Bulos] to get her perspective on the challenges in HR and the best approaches to plan design, communication and cost containment." (Employee Benefit News) Overview of Tax Issues Related to Discounted Stock Options (PDF) 6 pages. (Pillsbury Winthrop Shaw Pittman LLP) Newly Posted Events 2006 Fall Tour: IRA Essentials in Maryland on November 9, 2006 presented by BISYS Retirement Services 2006 Fall Tour: IRA Essentials in Kansas on November 16, 2006 presented by BISYS Retirement Services 2006 Fall Tour: IRA Update: A seminar for serious IRA professionals in Maryland on November 10, 2006 presented by BISYS Retirement Services 2006 Fall Tour: IRA Update: A seminar for serious IRA professionals in Kansas on November 17, 2006 presented by BISYS Retirement Services Web/Telephone Seminar: Establishing IRAs and IRA Amendments Nationwide on November 14, 2006 presented by BISYS Retirement Services Web/Telephone Seminar: Introduction to 401(k) Plans Nationwide on November 16, 2006 presented by BISYS Retirement Services Web/Telephone Seminar: Introduction to Qualified Retirement Plans Nationwide on November 14, 2006 presented by BISYS Retirement Services Web/Telephone Seminar: Introduction to Roth 401(k) Nationwide on November 9, 2006 presented by BISYS Retirement Services Web/Telephone Seminar: IRA Beneficiary Distributions Nationwide on November 16, 2006 presented by BISYS Retirement Services Web/Telephone Seminar: IRA Compliance Nationwide on November 9, 2006 presented by BISYS Retirement Services Web/Telephone Seminar: IRA Reporting (A) Nationwide on November 28, 2006 presented by BISYS Retirement Services Web/Telephone Seminar: IRA Reporting (B) Nationwide on November 28, 2006 presented by BISYS Retirement Services Web/Telephone Seminar: IRA Required Minimum Distributions Nationwide on November 7, 2006 presented by BISYS Retirement Services Web/Telephone Seminar: Roth IRA Distributions Nationwide on November 2, 2006 presented by BISYS Retirement Services Newly Posted Press Releases PSCA Releases 49th Annual Survey of Profit Sharing and 401(k) Plans (Profit Sharing/401(k) Council of America (PSCA)) U.S. Labor Department Launches Interactive Web site to Help Employers Comply with Health Benefit Laws (U.S. Department of Labor, Employee Benefits Security Administration (EBSA)) Delta Settles With Retirees on Benefit Changes (Delta Air Lines Retirement Committee) Start of Employee Benefits 'Open Enrollment' Season Opens the Door on Tax Savings for American Workers (Visa USA) Newly Posted or Renewed Job Openings
401(k) / Defined Contribution Administrator for Pension Investors Corporation in FL Senior Retirement Plan Consultant for Invesmart, Inc. in TX Retirement Services Associate for Lenox Advisors, Inc. in NY Small Business Consultant for Louis Kravitz & Associates in CA Actuary for Westchester NY Consulting Firm in NY Handy Links:
NOTE TO AOL MEMBERS: PLEASE DO NOT REPORT THIS EMAIL AS SPAM. This email is not unsolicited. We do not send unsolicited email. This email is coming to you because you asked to receive it by entering your email address on our web page at https://benefitslink.com/newsletter/ These emails are sent each workday except federal holidays. This email has been published by:
David Rhett Baker, J.D., Editor Copyright 2006 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. Anyone can receive these emails; just have them sign up at this web page: https://benefitslink.com/newsletter/ Other useful links: |