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January 24, 2011 Health & Welfare Plans Newsletter  |  Advertise  |  Unsubscribe

Study on Investment Advisers and Broker-Dealers (PDF) – "This Study outlines the [SEC] Staff's findings and makes recommendations to the Commission for potential new rulemaking, guidance, and other policy changes. These recommendations are intended to make consistent the standards of conduct applying when retail customers receive personalized investment advice about securities from broker-dealers or investment advisers." (U.S. Securities and Exchange Commission)


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[Official Guidance]
Text of SEC Proposed Rule on Trade Acknowledgment and Verification of Security-Based Swap Transactions (PDF) – "The Commission requests comment on all aspects of the proposal as to the events that would trigger an obligation to provide a trade acknowledgment." (U.S Securities and Exchange Commission)

[Guidance Overview]
Supreme Court Upholds Treasury Rule that Medical Residents Are Employees for FICA Purposes (PDF) – "On January 11, 2011, the Supreme Court unanimously upheld the Treasury Department's regulations providing that doctors who are in medical residency programs are employees rather than students for purposes of FICA taxation." (Buck Consultants)

[Guidance Overview]
Participant Fee Disclosure Regulations: Another Year, Another Notice (PDF) – "Plan sponsors will now be responsible for ensuring that plan participants receive extensive, regular and recurring communications about the plan, the fees charged and the investments available." (Employee Benefit Solutions)

Companies Look to Reduce Investment Risk in DB Plans, Survey Says – "The majority (56%) of survey respondents said that the impact of DB plans on cash flow tops their pension-related concerns reflecting the competition between funding DB plans and capital needs . . . ." (Wolters Kluwer)

Self-Reported Benefit Accrual Rates of Defined Benefit Plans (PDF) – "This article examines whether self-reported [Survey of Consumer Finances] respondents accurately estimated their expected benefits from DB plans in comparison with the 2005 National Compensation Survey . . . ." (Employee Benefit Research Institute)

Costs for Employers Having Employees Who Are Unable to Retire – "Question: Our company is trying to decide whether a retirement preparedness program is worth the cost. What are the costs to an employer of having employees who aren't able to retire?" (401khelpcenter.com, LLC)

DOL Pushes Intensified Scrutiny of Employee Stock Ownership Plan Fiduciaries – "The proposed rule extends fiduciary liability to ESOP valuation firms and significantly strengthens the Labor Department's ability to file lawsuits against them for faulty appraisals." (Workplace Management: free registration required)

`Fiscal Meltdown' for States Exaggerated, Group Says – "Predictions of an 'imminent fiscal meltdown' among U.S. states and municipalities are exaggerated and create 'unnecessary alarm' for policy makers, the Center on Budget and Policy Priorities said in a report." (Bloomberg L.P.)

New York City Mayor Opens Door to 401(k) for City Workers – "The necessity of reducing the soaring pension costs for the city's workers was a centerpiece of Bloomberg's State of the City address on Wednesday, and he previously has focused on persuading the state to let the city create a less generous fifth tier of pension benefits for future hires." (Reuters)

States Declaring Bankrup.tcy Could Get Out from Under Crushing Debts Including Pension Obligations – "The [New York] Times speculates that lawmakers might decide to stop short of a full-blown bankrup.tcy proposal and establish instead some sort of oversight panel for distressed states, akin to the Municipal Assistance Corporation, which helped New York City during its fiscal crisis of 1975." (PLANSPONSOR.COM)

Verizon Changing Accounting Method for Pensions and Other Post-Employment Benefits – "The policy recognizes gains and losses in the year they are incurred, rather than amortizing them over time. Under the new method, annual adjustments will be made to reflect actual return on pension plan assets, changes in discount rates, and differences from other actuarial assumptions." (PLANSPONSOR.COM)

[Opinion]
ESOP Association's Submission for the Record to Committee on Ways and Means Hearing on Fundamental Tax Reform (PDF) – "[The Association recommends the committee use the 1986 Tax Reform process as their] model. The House Ways and Means Committee spent all of 1985 developing a tax reform bill. The Committee had hearings on every chapter of the then 1954 Internal Revenue Code." (ESOP Association)


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Benefits in General; Executive Compensation

[Official Guidance]
List of Expiring Federal Tax Provisions, 2010-2020 – The provisions are listed in chronological order. (U.S. Congress Joint Committee on Taxation)

[Official Guidance]
IRS Issues Three Benefits-Related Publications – "Publication 969 is a handy tool for comparing the basic features of various consumer-driven health care vehicles without getting into too much detail. Likewise, Publication 4894 provides a quick reference on the health care reform tax changes it summarizes (note that it does not include all of health care reform's tax provisions)." (Thomson Reuters/EBIA)

[Guidance Overview]
Employer Return Requirements for ISOs and ESPPs: New Reporting Requirements for 2011 – "The new reporting rules do not replace the existing rules requiring a corporation to report and withhold on any taxable income recognized by an employee on the exercise of an option. The final regulations only provide for enhanced reporting requirements with respect to return and information statements." (Proskauer Rose LLP)

[Guidance Overview]
Key Nonprofit Corporate Law Developments in 2010 (PDF) – Includes section on executive compensation developments. (The Bureau of National Affairs, Inc. via McDermott Will & Emery)

[Guidance Overview]
OFCCP Proposes Rescinding Systemic Compensation Discrimination Standards and Voluntary Guidelines – "OFCCP has not proposed replacement guidelines and does not believe it is necessary. Instead, it proposes to reinstitute the prior practice of exercising discretion with respect to each analysis of systematic compensation discrimination for all contractors." (Jackson Lewis LLP)

Legislation Introduced Mandating Two-Week Furloughs for Federal Workers – "Short-term furloughs do not adversely affect most federal benefits, such as annual leave, retirement, promotions and health insurance." (Government Executive)

Parity Noted for Online vs. Face-to-Face Benefits Enrollment – "The value of cyberspace during open enrollment is at least on equal footing with face time, suggest two recent unpublished surveys of employees and carriers that sell voluntary benefit plans. Neither communication method appears to be proving itself superior." (Employee Benefit News; one-time free registration required)

Press Releases


Employee Benefits Jobs

Director, Marketing Management-Stable Value
for Prudential in NJ

Customer Service Representative
for Diversified Investment Advisors in FL

Retirement Sales Consultant
for Commonwealth Financial Network in MA


Webcasts and Conferences

"Plan Fees" Navigating the Maze Workshop" - Minneapolis
in Minnesota on February 25, 2011 SunGard Relius

"Plan Fees: Navigating the Maze Workshop" - Bloomington
in Illinois on February 23, 2011 SunGard Relius

"Plan Fees: Navigating the Maze Workshop" - Chicago
in Illinois on February 24, 2011 SunGard Relius

401(k) Rekon Advisor Symposium- Honolulu, HI
in Hawaii on February 22, 2011 401(k) Rekon

Ethical Issues in Representing Significantly Underfunded Multiemployer Defined Benefit Pension Plans
Nationwide on February 24, 2011 ABA Joint Committee on Employee Benefits

Long Term Care and the New CLASS Act
in Michigan on February 8, 2011 International Society of CEBS - West Michigan Chapter


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