[Guidance Overview] 401(k) Plan Fees: A Discussion of DOL Initiatives, Recent Case Law, and Legislative Proposals Excerpt: "This Article discusses recent governmental activity [by each of its three branches] regarding 401(k) plan fees. It begins by discussing three recent DOL initiatives governing the disclosure of plan fees: (1) the revision of Form 5500, and particularly Schedule C; (2) the proposed section 408(b)(2) regulations; and (3) the proposed section 404(a)/404(c) regulations. The Article then turns to the 401(k) plan fee litigation. Specifically, it discusses two leading decisions, Haddock v. Nationwide Financial Services and Hecker v. Deere, which represent opposite ends of the spectrum of judicial resolution of 401(k) plan fee disputes. Finally, the Article discusses recent legislative proposals to mandate greater disclosure of 401(k) plan fees." (Kathryn L. Moore of the University of Kentucky College of Law) [Guidance Overview] 2009 End-of-Year Update on Required Retirement Plan Amendments The article is written for users of Relius documents, but includes links to documents that contain lists of general interest to qualified retirement plan sponsors. (SunGard Relius) Wal-Mart to Face 401(k) Class-Action Over Retirement Plan Investment Fees Excerpt: "The suit alleges that Wal-Mart's pension and 401(k) administrator breached its fiduciary duty by offering retail funds rather than lower-cost institutional funds, which the company could have negotiated, being of such a large size. As a result, the suit alleges, investors lost tens of millions of dollars in retirement savings. The suit also says that seven of the 10 funds in the plan also charge 12b-1 fees, to the detriment of plan participants, and that the funds offered revenue-sharing incentives to be included in the plan. The case is significant because it serves more than one million participants, with nearly $10 billion in investments." (On Wall Street) Controversial Wal-Mart 401(k) Fee Lawsuit Gets New Life Excerpt: "Almost a year after a court dismissed a complaint against Wal-Mart over its 401(k) plan fees, an appeals court has brought the case back into play -- an indication that judges may be siding with individual investors over excessive mutual fund fees in retirement plans." (Workforce Management) The Debate Over Target-Date Glide Paths Excerpt: "The recent bear market has sparked a lively debate within some investment circles over the optimal glide path for target-date funds (TDFs). Some very vocal critics have argued that target-date portfolios should wind down their equity position as investors reach their designated retirement year. . . . Investors approaching and in retirement would consequently be invested in a conservative, low-risk portfolio. In contrast, a predominant school of thought argues that equity should play a more significant role in investors' allocations, even after they have retired." (Vanguard Institutional) Survey: Impact of Economic Conditions on 403(b) Plans (PDF) 13 pages. Excerpt: "Of 365 organizations that offered a matching contribution on December 31, 2007, 16.4 percent suspended it, 9.3 percent reduced it, and 73.9 percent made no changes to it in 2008-2009. . . . Of 291 organizations that offered a non-matching organization contribution on December 31, 2007, 13.4 percent suspended it, 12.7 percent reduced it, and 73.9 percent made no changes to it in 2008-2009. No large organizations changed their non-matching contributions." (Profit Sharing/401k Council of America (PSCA)) The Case Against Retirement Excerpt: "The Age of Retirement was one of America's most successful social reforms ever. But that era is over. A new vision of old age is emerging from the trauma of the credit crunch and the Great Recession: Forget retirement. Keep working." (BusinessWeek)
Links to Items on Executive Comp, Benefits in GeneralUsing Company Stock to Motivate EmployeesExcerpt: "A recent survey finds that seven in 10 employers are using stock to motivate their employees -- and about half of them are issuing such equity to workers at the manager level. Potential problems with the practice, however, include possible dilution of the stock as well as the challenge of employee education" (Human Resource Executive Online) Administrator Charged with Embezzling Tens of Millions from Union Benefit Plans Excerpt: "[T]he announcement said, between 2002 and 2008, King caused at least $42.6 million to be transferred, in the form of checks, from the bank accounts of the Local 147 Funds into a bank account controlled by King Care, including the following approximate amounts per year . . . ." (PLANSPONSOR) Weighing Whether to Give Part-Time Workers a Piece of the Benefits Pie Excerpt: "With the current unemployment rate verging on 10%, and employers cutting costs as much as possible, part-time employment is being explored by individuals and companies alike." (Employee Benefit News) Webcasts and ConferencesUnderstanding Your Responsibilities Under ERISA - Basics and More! Workshopin Georgia on February 3, 2010 presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA) “The New World of 403(b): Audits, Filing and Regulatory Compliance” Webinar Nationwide on December 16, 2009 presented by Cammack LaRhette Consulting (Click to post your webcast or conference) Press ReleasesEmployers Plan to Increase Use of Self-Service Decision-Making Technology For Open Enrollment, Watson Wyatt Survey FindsWatson Wyatt DataPath Reaches Out to Banks in Need of HSA Services with HSAToday® DataPath, Inc. Manhattan U.S. Attorney Charges Former Administrator Of Construction Workers Union Employee Benefit Plans With Embezzling Tens of Millions Of Dollars U.S. Department of Labor, Employee Benefits Security Administration (EBSA) US Department of Labor Announces $2.4 Million Grant to Provide Maryland, Alabama, Mississippi and South Carolina Workers with Health Insurance Payments U.S. Department of Labor, Employee Benefits Security Administration (EBSA) Federal Court Holds Gulfport, Miss., Defendant Liable for More than $300,000 in Pension Assets Following Investigation by US Department of Labor U.S. Department of Labor, Employee Benefits Security Administration (EBSA) Winding Down a Hard-Frozen Defined Benefit Plan Principal Financial Group ftwilliam.com Releases a Spanish Language Version of the Summary Plan Description ftwilliam.com (Click to post your press release) Employee Benefits JobsSenior Pension Sales Consultantfor Executive Benefits Design Group in ANY STATE, AK, AL, AR, DC, DE, GA, HI, IA, ID, IL, IN, KS, KY, LA, MD, MO, MS, MT, ND, NE, NM, OH, OR, SC, SD, TN, TX, VA, WV, WY 401(k)/DC Plan Administrator for Hessel & Associates, LLC in IL Account Service Representative for Pension Specialists, Inc. in CA Territory Sales Manager - Dallas for Milliman in TX Pension Benefits Generalist for City of Lakeland in FL Regional Compliance Manager - San Diego vicinity (work from home) for OneAmerica Financial Partners, Inc. in CA, WA Implementation / Marketing & Sales Support Specialist for Nova 401(k) Associates in TX TPA Firm Opening for Sheffler & Martin, Inc. in CA (Click to post your job opening | View all jobs | RSS feed of all jobs )
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