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Industries Battle Over 401(k) Risk: Insurers Back Stable Value As Mutual Funds Pitch Growth Excerpt: "The idea seemed simple enough: Make it easier for companies to automatically enroll workers in 401(k) plans and other retirement vehicles. But the effort to turn that idea into federal policy has set off a high-stakes dispute between the insurance industry and mutual funds over where to steer billions of dollars in future investments." (Los Angeles Times; free registration required) Supreme Court Denied Review in the ERISA Inalienability Case of Cox V. Daimlerchrysler Excerpt: "In Cox, SCOTUSBlog commented that the issue was whether: it violates ERISA for a state to arrange to take 90 percent of a prison inmate's pension benefits to help defray the costs of imprisonment. The Solicitor General, asked by the Court for the government's views, had urged the Court to bypass the appeal by Michigan's state attorney general, Mike Cox." (Workplace Prof Blog) DOL Asks for Comments Regarding Plan Loans to Parties in Interest Excerpt: "The U.S. Department of Labor (DOL) is seeking comment regarding its information collection procedures in cases of retirement plan loans made to participants and beneficiaries who may be considered parties in interest to the plan." (PLANSPONSOR.com; free registration required) Overview: New IRS Regulations on Retirement Age Excerpt: "The final regulations, which were published in late May and imposed immediately, effectively end an innovative but controversial design used by some cash-balance plan sponsors that paid participants smaller benefits than those to which IRS regulators said participants were entitled." (Workforce Management; free registration required) Retirement Issues Remain on Legislative Agenda Excerpt: "After the drawn-out and arduous pension reform debate preceding enactment of the Pension Protection Act (PPA) last summer, Congress is unlikely to pursue new pension legislation this year. However, lawmakers are discussing a variety of retirement issues. Some of those discussions relate to technical corrections to the PPA, while others focus on enhancing workers' retirement security. Fees in 401(k) plans are also attracting considerable attention." (Watson Wyatt Worldwide) Overview: IRS Updates System of Cyclical Remedial Amendment Periods for Qualified Retirement Plans Excerpt: "EBIA Comment: Like its predecessor, this revenue procedure provides detailed rules for determining a plan's remedial amendment cycle, but it includes more examples illustrating the more complex determinations." (Employee Benefits Institute of America Inc.) Advisory Opinion 2007-03A on behalf of the Governor and Company of the Bank of Ireland Excerpt: "Whether a U.S. branch of a foreign bank qualifies as a 'bank or trust company' for purposes of exemptions provided under ERISA section 408(b)(8) and PTE 91-38." (U.S. Employee Benefits Security Administration) Sponsored by: ASC & The ASC Institute (Click on company name or banner to learn more.)
Links to Items on Executive Comp, Benefits in General Supreme Court Agrees to Hear Argument in Fiduciary Duty Breach Damages Case Excerpt: "Since the case involves issues under both Section 502(a)(2) and 502(a)(3), it could be another watershed case in the development of ERISA remedies caselaw." (Health Plan Law blog by Attorney Roy F. Harmon III) (Popular Press) Supreme Court Agrees to Hear Argument in Fiduciary Duty Breach Damages Case Excerpt: "James LaRue says there is $150,000 less in his retirement fund than there should be. And according to a federal lawsuit, he blames administrators at his workplace, DeWolff, Boberg and Associates Inc., for that because they did not, he says, invest the money where he wanted." (The Post and Courier) Eligibility Exclusion Based on Plan Sponsor's Classification of Workers Upheld Excerpt: "EBIA Comment: As with all plan terms, but especially those involving eligibility, the plan document must include clear language to effectively implement the plan sponsor's intent. Plan sponsors should routinely review plan language to ensure that it continues to reflect their intent in light of changing practices -- for example, by adding or excluding a class of workers not originally envisioned when the language was first drafted." (Employee Benefits Institute of America Inc.) A Brief Review of Employee Benefits Developments, June 2007 Excerpt: "A brief look at developments in Employee Benefits law from May and June 2007, including cases, rulings, and opinions." (Hodgson Russ LLP) Metlife's Benchmarking Report Helps Employers Compare Benefits Practices with Competitors Excerpt: "[F]rom Spencer's Benefits Reports: Employee retention was the most important benefits objective identified by more than half (55%) of employers overall, according to MetLife's annual Employee Benefits Benchmarking Report." (Wolters Kluwer Law & Business) Newly Posted Events Fundamentals of 401(k) and Other Qualified Plans in Colorado on July 11, 2007 presented by SunGard Relius Section 409A: Employment Lawyers' Guide to Understanding the Final Regulations, Including Executive Employment Agreements - Webcast Nationwide on June 19, 2007 presented by ALI-ABA (American Law Institute-American Bar Association) Newly Posted Press Releases Watson Wyatt Data Services Releases 2007/2008 Survey Report on Employee Benefits Watson Wyatt Qualified Plan Forms -- New Book from ALI-ABA ALI-ABA (American Law Institute-American Bar Association) ETF Giant Launches 401(k) Plan Invasion BenefitStreet, Inc. Goldowitz, Finke And Morris Lead Litigation Practice At PBGC Pension Benefit Guaranty Corporation (PBGC) Sentinel Benefits Appoints Adam Pozek Vice President, Consulting Services Sentinel Benefits U.S. Labor Department Obtains Judgment Seeking Restoration of More Than $50,000 for Participants of Phoenix 401(k) Plan U.S. Department of Labor, Employee Benefits Security Administration (EBSA) U.S. Labor Department Sues to Appoint Independent Fiduciary For 401(k) Plan Abandoned by New York City Company U.S. Department of Labor, Employee Benefits Security Administration (EBSA) New Leadership Announced For ABA's Council On Retirement And Employee Benefits American Bankers Association CPI Qualified Plan Consultants, Inc. Announces Enhancements to Participant Internet Site CPI Qualified Plan Consultants, Inc. Employee Benefits Institute of America Acquired by Thomson Tax & Accounting Thomson First Mercantile and Scott & Stringfellow Co-Brand Small Business Retirement Product First Mercantile Brasseler USA Sees Employee Contribution Increase With Retirement Income Report Tool Synapses Inc. Newly Posted or Renewed Job Openings
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