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January 27, 2011 Health & Welfare Plans Newsletter  |  Advertise  |  Unsubscribe

[Guidance Overview]
IRS Guidance on Group Trusts and Puerto Rican Plans (PDF) – "The Ruling provides that until IRS issues further guidance the assets of ERISA Section 1022(i)(1) Puerto Rico plans may remain in a group trust and, until December 31, 2011, assets and liabilities may be transferred from a U.S.-qualified plan to a plan qualified under the Puerto Rico Internal Revenue Code without adverse tax consequences." (Buck Consultants)


The IRS in Your Backyard! (advert.)

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Come discuss employee benefits issues with industry colleagues and local, regional and national experts from the IRS, DOL and the private sector. Programs focus on current regulatory, legislative, administrative and actuarial topics.


[Guidance Overview]
IRS Procedures Updated for Furnishing of Technical Advice by Employee Plans or Exempt Organizations Technical Offices – "Regarding employee plans, TAMs are required for proposed adverse or revocation letters for collectively bargained plans, for an IRS-proposed revocation letter due to alleged fiduciary duty violations, or for amendments to defined contribution plans in connection with a waiver of the minimum funding standard and a request for a determination letter." (Wolters Kluwer)

Get the Most Out of an ESOP – "An ESOP can provide liquidity and -- by extension -- a transition plan for exiting your company. There are several reasons ESOPs are a suitable succession strategy for businesses, and pending changes in the tax code could make them even more advantageous." (Bloomberg BusinessWeek)

Audio: What Do the Budget Commissions' Social Security Proposals Mean for Retirees and Taxpayers? – "Panelists . . . discuss how the commissions' major Social Security proposals might affect different kinds of taxpayers and beneficiaries. They . . . explain what Social Security's long-run fiscal shortfall means for the larger federal budget challenges, and . . . address the political prospects for changing Social Security in coming years. [Forum held January 21, 2011.]" (Urban Institute)

Saving for a Bleaker Tomorrow: iOMe (as in I OWE ME) Challenge – "To increase savings rates, we suggest an emphasis on improving financial knowledge and marketing that highlights the consequences of low retirement savings to help young people visualize the trade-off from the choices they make today." (Social Science Research Network)

Mixing Target-Date Funds with Other Funds in a Retirement Account – "Further analysis of 'pure' versus 'mixed' target-date fund usage -- with pure investors holding 100% of their investment assets in a single target-date fund -- suggests that mixing is acceptable, but that there's a right and wrong way for participants to mix target-date funds with other investments." (The Vanguard Group)

Moody's to Factor Underfunded Pensions in States' Ratings – "Moody's new approach may now turn the tide in favor of more disclosure. The ratings agency said that in the future, it will add states' unfunded pension obligations together with the value of their bonds, and consider the totals when rating their credit." (The New York Times; one-time registration required)

Tips to Help Maximize the Longevity of Your Nest Egg – "Working longer allows you to contribute to your savings for a few more years while staving off the need to dip into existing savings. Under that logic, a part-time job doing something that you love would deliver similar benefits." (Morningstar, Inc.)

Plan Design Decisions Still Focused on Saving Rather Than Creating Lifetime Income for Participants – "A MetLife news release said that 47% of plan sponsors report that they include all employees in automatic enrollment features, and 52% have implemented a default allocation to a target date fund." (PLANSPONSOR.COM)

California State Workers' Union Loses Pension Ruling in Court – "[An appeals court overturned part of a negotiated increase in retirement benefits] for several thousand regulatory workers, saying the Legislature never approved the full increase or its estimated $40 mil.lion cost." (San Francisco Chronicle)

New Hampshire Senate's Top Republican to Propose Sweeping Changes to State's Retirement System – "The changes to benefit levels and employee contributions would affect new employees and those with fewer than 10 years service on public payrolls." (Telegraph Publishing Company)

A Tactical Approach to Retirement Saving and Investing – "[In this post] we look at simple retirement planning tactics individual investors may want to consider." (The Vanguard Group)

[Opinion]
Understanding the Role of Tax Treatment in the Employer Provided Retirement System – "Absent an attractive tax incentive, a significant majority of employers will not offer a retirement plan to their workers. Contrary to popular belief, employers gain no tax benefit from offering a retirement plan as opposed to merely providing additional deductible cash compensation." (Profit Sharing / 401k Council of America)

[Opinion]
Specific ERISA Fiduciary Standard Lacking on Appropriate Standard of Care for Investment Advisers and Broker-Dealers – "The SEC has concluded that both advisers and brokers should be held to a 'uniform fiduciary standard of care . . . .'" (AdvisorOne)

[Opinion]
The ERISA-Fiduciary Exclusion Contained in Most E&O Policies – "[A] question that should be foremost on the mind of every registered representative who provides services to qualified plans [is] will I be left without insurance coverage (i.e. 'naked') if I am deemed to be a fiduciary as a result of providing investment advice to my plan clients?" (Business of Benefits)


Independent TPAs or Retirement Plan-Oriented RIAs: (advert.)

Sponsored by NestEggs, Inc.

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Benefits in General; Executive Compensation

[Guidance Overview]
Additional Comments on SEC's Final Rules on Shareholder Say on Pay – "The Final Rules made no earth shattering changes from the proposed rules, but the following [six] issues bear special mention . . . ." (Michael S. Melbinger via Winston & Strawn LLP)

[Guidance Overview]
Final SEC Rules Regarding Say-on-Pay and Golden Parachutes (PDF) – "Under the SEC's final rules, companies are required, not less than once every three years, to include in their proxy statements for an annual or other meeting at which directors are elected a vote by the shareholders approving the compensation of a company's named executive officers, as such compensation is disclosed in the proxy statement." (Dow Lohnes PLLC)

[Guidance Overview]
IRS Deadline to Notify Employees Who Exercised Certain Stock Options in 2010 – "The necessary information must be provided to the employees by Jan. 31, 2011, with a corresponding report filed with the Internal Revenue Service no later than Feb. 28, 2011 (March 31, 2011, if filed electronically)." (Davis Wright Tremaine LLP)

[Guidance Overview]
Final SEC Rules Implementing Dodd-Frank 'Say on Pay' and 'Say on Golden Parachutes' (PDF) – "The final rules largely followed the Commission's proposed rules issued on October 18, 2010, with a few notable exceptions." (Alston & Bird LLP)

Future Direction and Challenges for Multiemployer Benefit Plans – "Although these plans once represented one of the great triumphs in labor relations in providing pension, welfare, and health benefits to unionized workers, these plans are now under siege because of financial/demographic, legislative, and judicial developments." (Social Science Research Network)

GAO Concludes Existing Regulation Covers Financial Planners – "[The GAO] recommended that the National Association of Insurance Commissioners . . . assess consumers' understanding of the standards of care associated with the sale of insurance products and that the SEC determine how well investors understand financial planners' titles and designations." (American Institute of Certified Public Accountants)

Consumer Finance: Regulatory Coverage Generally Exists for Financial Planners, But Consumer Protection Issues Remain (PDF) – "This report examines (1) how financial planners are regulated and overseen at the federal and state levels, (2) what is known about the effectiveness of this regulation, and (3) the advantages and disadvantages of alternative regulatory approaches." (U.S. Government Accountability Office)

Press Releases


Employee Benefits Jobs

Supervisor, Policy Administration
for The Newport Group in NC

Retirement Plan Administration Manager
for REHMANN in MI, OH

Senior Associate - Retirement
for Employee Benefit Solutions, Inc. in TX


Webcasts and Conferences

"401(k) Testing Techniques" Web Seminar
Nationwide on February 24, 2011 SunGard Relius

401(k) Rekon Advisor Symposium Charlotte, NC
in North Carolina on February 24, 2011 401(k) Rekon

401(k) Rekon Advisor Symposium Schaumburg, IL
in Illinois on February 24, 2011 401(k) Rekon

Workplace Wellness: What Drives Results?
Nationwide on February 15, 2011 Buck Consultants

Workplace Wellness: What Drives Results?
Nationwide on February 17, 2011 Buck Consultants


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