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February 2, 2011 Health & Welfare Plans Newsletter  |  Advertise  |  Unsubscribe

[Guidance Overview]
Asset Purchaser May Have Successor Liability for Multiemployer Plan Contributions (PDF)
"In reaching this conclusion, the Third Circuit followed the reasoning in Upholsterers' International Union Pension Fund v. Artistic Furniture of Pontiac . . . ." (Groom Law Group)


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Sponsored by ftwilliam.com

Sign up for our free webinar February 2nd and learn about our automation and productivity tools. We’ll cover batch printing of amendments and notices, workflow for tracking 5500 statuses, our web-portal for e-filing and census collection and more!


[Guidance Overview]
Release Bars Participant's Stock Drop Claims; § 404(c) Not a Defense to Imprudent Investment Claims (PDF)
"The Seventh Circuit has issued in the last few years a series of noteworthy ERISA decisions. Its decision in Howell v Motorola, Inc. . . . is another important decision with potentially broad implications." (Groom Law Group)

[Guidance Overview]
Seventh Circuit Vacates Class Certifications in 401(k) Fee Cases (PDF)
"[T]he Court concluded that participants in 401(k) plans do not necessarily share common interests and, in fact, their interests may conflict depending on, among other things, the investment options in which they invested and the timing of those investments." (Groom Law Group)

[Guidance Overview]
ERISA Fiduciary Responsibility and Disclosure Issues for 2011: Regulatory, Compliance, and Legislative Outlook (PDF)
"This LawFlash reviews the new and proposed regulations issued by the [DOL] during 2010 that will require plan sponsors and service providers to take action during 2011, as well as ongoing developments from 2010 that merit monitoring during 2011." (Morgan, Lewis & Bockius LLP)

[Guidance Overview]
More Clarification on Tax Preparer Identification Numbers
"The IRS does not expect to offer the competency exam (i.e. on the Form 1040 series and schedules) before mid-2011. In the interim it will allow individuals who are not attorneys, certified public accountants, or enrolled agents to obtain a provisional PTIN . . . ." (Deloitte via BenefitsLink.com)

Senate HELP Committee to Hold Hearing on Retirement Security February 3, 2011
"The hearing will focus on what can be done to help Americans save more for retirement and make better decisions about their retirement savings." (U.S. Senate Committee on Health, Education, Labor and Pensions)

Legislative Insights: Benefits-Related Changes in 2010 and Developments Expected in 2011 (PDF)
Cross-testing in pensions is expected to be a target for elimination again in 2011. (Invesco Distributors, Inc. via Center for Due Diligence)

Reforming Washington, DC's Pension System
"The federal government now shares the District's pension obligations, pitching in most of the roughly $500 mil.lion in retirement benefits distributed each year. But the city's contribution is escalating." (The Washington Examiner)

Behavioral Economics Perspectives on Public Sector Pension Plans
"Holding fixed a public employee's work and salary history, we show that DB retirement income replacement ratios vary greatly across jurisdictions. This creates large variation in workers' need to save for retirement in other accounts." (National Bureau of Economic Research; paid subscription or individual purchase required to retrieve fulltext)

Six Experts Discuss the Challenges Clients Close to Retirement Face in Today's Uncertain Economic Environment.
"On Jan. 5, Financial Planning convened a roundtable discussion with six industry experts to glean some of the best ideas on how to help clients maximize opportunities during their peak working years and lay sound plans for the next phase." (Financial Planning)

The U.S. Retirement Market, Third Quarter 2010 (PDF)
"Retirement savings accounted for 36 percent of all household financial assets in the United States." (Investment Company Institute)

State & Local Pensions: An Overview of Funding Issues and Challenges (PDF)
"This primer lays out key facts about public pension plans, how they compare with the private sector, and what kinds of reforms are taking place to restore pension plan health." (Center for State and Local Government Excellence)

Florida Governor Wants Cheaper State Pensions
"[The governor said worker] contributions and other changes, such as putting new state workers into 401k-like plans instead of more costly traditional pensions, would save Florida $2.8 bil.lion over two years. He wants state workers to contribute 5 percent of pay for pensions." (Reuters)

[Opinion]
Why Don't the Folks in Charge of Your 401(k) Plan Realize You Can't Retire?
"As I've pointed out before, 90% of Baby Boomers in the private sector can't afford to retire because they are dependent on a 401(k) plan whose measly employer contribution rate of 3% of pay is so low most people won't have accumulated enough." (The HuffingtonPost.com, Inc.)

[Opinion]
The Real Risk to Social Security
"[T]he Associated Press supplied a real granny-grabber last week: 'Social Security on Pace to be Drained by 2037.' Hyper-ventilating off a new report from the Congressional Budget Office, the headline managed to seize a topic of key interest and entirely miss the point." (CBS Interactive Inc.)


DATAIR Retirement Plan Document Software (advert.)

Sponsored by DATAIR Employee Benefit Systems, Inc.

Cost-effective PC-based software with needed to produce and maintain accurate plan documents, SPDs, amendments, and employee communications. Many choices of DC, DB, 403(b) and Cash Balance plan types. Includes expert support from DATAIR’s team.


Benefits in General; Executive Compensation

[Official Guidance]
Text of SEC's Final Rule for Shareholder Approval of Executive Compensation and Golden Parachute Compensation (PDF)
"We are adopting amendments to our rules to implement the provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act . . . ." (U.S. Securities and Exchange Commission)

[Guidance Overview]
Protecting Employees: Asset Purchasers Now Liable for Delinquent ERISA Payments
"A corporate entity that buys the assets of another corporate entity may be liable for the seller's delinquent contributions to multiemployer pension and welfare plans governed by ERISA, the U.S. Court of Appeals for the Third Circuit has held." (Ballard Spahr LLP)

Private Industry Compensation Costs Increase 2.1 Percent in 2010
"The cost of benefits for private industry workers increased 2.9 percent for the 12-month period ending December 2010, higher than the December 2009 increase of 0.9 percent." (U.S. Bureau of Labor Statistics)

Financial Planning Technology As an Employee Benefit
"It can lead to adverse consequences for both well-intentioned employers and financial do-it-yourselfers that use financial planning software without a certain amount of knowledge or the inability to see the bigger financial picture." (Employee Benefit News; one-time free registration required)

Employee Ownership Update for February 1, 2011
NCEO Executive Director Corey Rosen discusses the following: A new NCEO survey of over 420 ESOP companies on how they handle their repurchase obligations provides new data on this topic. One of the more notable trends in ESOPs over the last several years has been the move to more outside, independent directors. Indian companies are cutting back on broad-based equity plans. Applications for the Innovations Award are due by February 10. (National Center for Employee Ownership)

Press Releases


Employee Benefits Jobs

Senior Plan Consultant in TX for Scholz, Klein & Friends Enlightened Retirement Group, Inc.

Benefit Services Specialist in GA for Northwestern Benefit Corporation of Georgia

Account Manager in GA for Northwestern Benefit Corporation of Georgia

Benefits Program Manager in CA for Apple Inc.

Education Consultant in TX for AXA Equitable

Pension Administrator in CA for Jordan & Associates

VP, Core Sales in NJ for Prudential

Manager, Defined Contribution Services in OH for Tegrit Group / Summit Retirement Plan Services, Inc.


Webcasts and Conferences

401(k) Rekon Advisor Symposium - Garden City, NY
in New York on March 3, 2011 presented by 401(k) Rekon

401(k) Rekon Advisor Symposium- Larchmont, NY
in New York on March 2, 2011 presented by 401(k) Rekon

HIPAA Privacy and Security Training: Basic Rules for Handling Group Health Plan PHI
Nationwide on January 27, 2011 presented by EBIA / Thomson Reuters

Voluntary Fiduciary Correction Program and Abandoned Plan Program Workshop
in California on March 7, 2011 presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)

Wellness Starts with Me - HR's Driving the Wellness Bus! GMSHRM Annual Health and Wellness Conference & Expo
in Florida on April 12, 2011 presented by Greater Miami Society for Human Resource Management (GMSHRM)


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