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February 4, 2011 Health & Welfare Plans Newsletter  |  Advertise  |  Unsubscribe  |  Past Issues

[Guidance Overview]
The Impact of 408(b)(2) on Service Providers (PDF)
"As a practical matter, any covered service provider that has not implemented the 408(b)(2) disclosures by July 16th will be precluded from providing services to its ERISA-governed covered plans." (Reish & Reicher)


DATAIR Defined Benefit Software (advert.)

Sponsored by DATAIR Employee Benefit Systems, Inc.

PC-based software for proposals, compliance testing and valuations with PBGC reporting, employee statements and termination calcs. Supports wide range of plan designs including Cash Balance and 412(e)(3). Cost-effective systems with expert support.


[Guidance Overview]
Seventh Circuit Vacates Class Certification in Two 401(k) Excessive Fee Cases and Affirms Dismissal in Consolidated 401(k) Stock Drop Case
"The court described the claims in each [excessive fee] case similarly, that defendants: (i) caused the plans to pay allegedly excessive fees, including revenue sharing payments; (ii) maintained allegedly imprudent investment options; and (iii) concealed material information from participants about the plans." (Goodwin Procter LLP)

Mercer's 'Top 10' Resolutions for DC Plan Sponsors
"The items on Mercer's '10 for 2011' list include the following: (1) Participant Fee Disclosure --New rules are coming in 2012, Mercer says. 'Determine what's required, who's responsible and how to integrate the new requirements with other plan communications.'" (Wolters Kluwer)

The Defined Contribution Plans of Fortune 100 Companies in 2009
"The analysis looks at eligibility and vesting rules, employee and employer contributions, and plan investments, as well as four-year trends in plan design and practices." (Towers Watson)

Retirement Income: A Congressional Briefing
"Panelists provided a wide range of views about how to help retiring defined contribution plan participants make good financial decisions. [A video of the briefing can be found at http://www.aspeninstitute.org/video/making-it-last-workable-solutions-lifelong-retirement-policy." (Profit Sharing / 401k Council of America)

Virginia Lawmakers Divided on Move to DC Plan for State Employees
"[It is reported] that the Senate Finance Committee defeated two proposals, one by Governor Bob McDonnell, which would create such a plan, while the House Appropriations Committee approved a revised proposal that would give government employees the option to participate in a DC plan after January 1, 2012." (PLANSPONSOR.COM)

A Tactical Approach to Retirement
"There's a widespread myth that you can somehow reach a secure retirement by tinkering with your portfolio. Portfolio management is important, of course, but it's priority number 2 or 3. Above all, the key to financial security in retirement is adequate savings." (The Vanguard Group)

[Opinion]
Clearing the Air on Target Date Fund Performance
"[The target page contains] a summary of unvarnished data from Morningstar, showing the 3-year cumulative performance of all share classes of target date funds for which Morningstar has published 3-year returns and current assets." (The Vanguard Group)


Register Now for ASPPA’s Spring Exams! (advert.)

Sponsored by ASPPA

ASPPA’s Education and Examination programs provide affordable and convenient ways of earning credentials and Continuing Professional Education (CPE) credits. Register before April 14 to save money with the "early bird" discount.


Benefits in General; Executive Compensation

[Official Guidance]
Text of Notice of 155th Meeting of Advisory Council on Employee Welfare and Pension Benefit Plans (PDF)
"[T]he open meeting of the Advisory Council (also known as the ERISA Advisory Council) will be held on February 28, 2011." (U.S. Employee Benefits Security Administration)

[Guidance Overview]
Final Say on Pay Rules from SEC (PDF)
"[T]he early returns from the first spate of 2011 shareholder meetings suggest that shareholders are not merely rubber-stamping their approval, and that they want annual Say on Pay votes regardless of management proxy statement recommendations." (Paul, Hastings, Janofsky & Walker LLP)

[Guidance Overview]
SEC's Final Rules on Shareholder Say on Golden Parachute Pay
"The Rules do not permit companies to exclude de minimis perquisites and other personal benefits from this disclosure." (Michael S. Melbinger via Winston & Strawn LLP)

[Guidance Overview]
Reimbursements to Retirees in Lieu of Phone Service Discount Not an ERISA Pension Plan
"This decision follows other cases that reject ERISA pension plan status for reimbursements provided to retirees in lieu of discounted telephone service benefits." (Thomson Reuters/EBIA)

[Opinion]
OPRB Is the Real Monster, Not Pensions
"With a few exceptions, state and local governments and their pension funds will slowly pull out of the current financial crisis. It may take a decade, but they will disprove the doomsday pronouncements of those whose primary objective is to roll back what they see as lavish benefits for public employees." (Governing)

Press Releases

MassMutual Retirement Introduces Social Network Pages
(MassMutual Retirement Services)

US Department of Labor’s ERISA Advisory Council to Hold Feb. 28 Teleconference
(U.S. Department of Labor, Employee Benefits Security Administration (EBSA))

ERIC Urges DOL to Consider Unintended Consequences in Expanding Definition of “Fiduciary”
(ERIC (ERISA Industry Committee))

Bipartisan Senate Bill Would Help Workers Prepare For Retirement, ACLI Says
(American Council of Life Insurers)

Great-West Life & Annuity Insurance Company Announces New Community Program To Fund Local Education
(Great-West Life & Annuity Insurance Company)

Aetna Helps Employees Make Super Bowl Snacks Healthier with New Health eCooking Videos
(Aetna)

403(b) Advisor Magazine Launches at NTSAA Annual Conference
(American Society of Pension Professionals & Actuaries (ASPPA))

Fidelity Investments Takes Retirement Income Planning to a New Level on Behalf of Baby Boomers
(Fidelity Investments)

Largest US Pension Plan Sponsors See Funded Status Improve For Fifth Straight Month
(Mercer)

Morgan Stanley to Offer DC Fee and Benchmarking Service
(Morgan Stanley Smith Barney)


Employee Benefits Jobs

Pension Administrator in IL for Alliance Pension Consultants

401(k) Retirement Plan Administrator in NH for Stephen Eldridge & Company, Inc.

Client Service Manager in OH for Charles Schwab

Benefits Specialist in AK for Chugach Alaska Corporation

Institutional Consultant – Advisor Services in IL, IN, MI, OH, WI for Unified Trust Company, N.A.

Participant Services, Supervisor in PA for Ascensus

Marketing Assistant in FL for FiduciaryFirst

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Webcasts and Conferences

"Earned Income: Computing Compensation for the Self-employed" Web Seminar, An Encore Presentation
Nationwide on February 14, 2011 presented by SunGard Relius

"Would You Like Some Catch-up With Those Deferrals?" Web Seminar
Nationwide on March 1, 2011 presented by SunGard Relius

Helping Employees Retire Successfully: The Accumulator Group
Nationwide on March 17, 2011 presented by TRI-AD

Understanding Health FSA Reimbursements: A Seminar Based on Your Scenarios!
Nationwide on February 3, 2011 presented by EBIA / Thomson Reuters

US Department of Labor’s ERISA Advisory Council Teleconference
in District of Columbia on February 28, 2011 presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)

Webinar: What Does The SEC’s Study on Fiduciary Standards Mean for Brokers and Investment Advisers Serving Retirement Plans?
Nationwide on February 16, 2011 presented by The SPARK Institute


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