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February 7, 2011 Health & Welfare Plans Newsletter  |  Advertise  |  Unsubscribe  |  Past Issues

[Official Guidance]
Text of IRS Notice 2011-13: Update for Weighted Average Interest Rates, Yield Curves, and Segment Rates (PDF)
"Updates for the corporate bond weighted average interest rate for plan years beginning in February 2011; the 24-month average segment rates; the funding transitional segment rates applicable for February 2011; and the minimum present value transitional rates for January 2011[.]" (U.S. Internal Revenue Service)


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[Guidance Overview]
FAQs on Pension Effects of 2010 and 2011 Self-Employment Tax Changes
"For 2011 only, the SE Tax rate applicable to Old Age insurance (for NESE below the taxable wage base of $106,800) is 10.4%. Normally the rate is 12.4%." (SunGard Relius)

[Guidance Overview]
Seventh Circuit Vacates Class Certification in Two 401(k) Excessive Fee Cases and Affirms Dismissal in a Consolidated 401(k) Stock Drop Case
"In one decision, the court addressed interlocutory appeals to decisions certifying classes in two excessive fee cases against large plan sponsors and the alleged fiduciaries of their 401(k) plans." (Goodwin Procter LLP)

[Guidance Overview]
Seventh Circuit Severely Weakens ERISA 'Stock Drop' and '401(k) Fees' Cases (PDF)
"The Court's class certification rulings call into question the future viability of 401(k) plan class actions by mandating that classes share a genuine common interest. The opinion certainly suggests that a class that encompasses all participants in a 401(k) plan is too broad, given the wide-variety of investment practices and dates of entry and exit from the plan." (Seyfarth Shaw LLP)

[Guidance Overview]
Federal Court Rules in Precedent-Setting ERISA Class Action Complaint
"The issue before the Court was the proper scope of the 'church plan' exception to [ERISA]." (Faegre & Benson LLP)

Survey of Multiemployer Pension Plans' 2010 Zone Status: Winter 2011 Report of Results
"[The findings report] the percentage of multiemployer pension plans that fell into each of the three 'zones' under [PPA'06]: red ('critical' status), yellow ('endangered' status) and green (neither endangered nor critical)." (The Segal Group, Inc.)

Proxy Advisory Firm Accountability Initiative Featured in The Wall Street Journal
"A February 7 Wall Street Journal article highlights a letter the Center On Executive Compensation sent recently to the CEOs of the 100 largest institutional investors asking them to fulfill their independent fiduciary responsibility by more closely monitoring the proxy advisory firms they retain." (HR Policy Association)

Dispute with Proxy Advisory Firms Erupts Over DOL Retirement Plan Regulations
"As Glass Lewis attacked rival ISS in comments to DOL, the Association's Center On Executive Compensation urged the Department to investigate and hold all proxy advisory firms accountable for conflicts and inaccuracies under existing rules." (HR Policy Association)

Video of Panel Discussion on Making it Last: Workable Solutions for Lifelong Retirement Policy
"This changing retirement savings landscape - where millions of Americans, in possession of billions of dollars in retirement savings, look for product solutions to protect against outliving their savings - is both a challenge and an opportunity for policymakers, the financial services industry, and American retirees." (Aspen Institute)

401(k) Plan Provisions That Are Bad Ideas
"These provisions may increase the likelihood of administrative error, thereby increasing plan sponsor liability and the risk of plan disqualification by the Internal Revenue Service. This article states many popular plan provisions that should be avoided . . . ." (The Rosenbaum Law Firm P.C.)

Pension Road Trip: From Montana to Prichard, Alabama
"[This tour of troubled pensions] hits lesser-known plans to show a variety of ways that states manage to underfund their pensions." (The Free Enterprise Nation)

A Retirement Program for the Risk-Averse
"Even the most disciplined savers are heavily relying on the stock market to reach their retirement goals. But that often amounts to a giant gamble, which is the thrust of the thinking behind a new retirement planning program that treats investing in stocks like a trip to the casino." (The New York Times; one-time registration required)

SEC Snoozed As 'Shadow Marketers' Skimmed Billions from Retirement Plans
"Over the past 30 years variable annuity firms, such as ING and Nationwide, have paid millions in fees and commissions to non-profit organizations, such as the National Association of Counties, the New York State United Teachers and the Alabama State Employees Association, that are neither licensed as investment advisers nor brokers in exchange for endorsements and other marketing assistance." (Forbes.com LLC)

Fidelity Launches 'Retirement Income Answers' Website
"The site tells visitors, 'Saving was just the beginning. We can help with what's next. Building a strategy for income in retirement is a whole new challenge.'" (Financial Planning)

Expanded Definition of 'Fiduciary' Likely to Hamstring Mutual Funds That Work with Plan Sponsors and Participants
"The DOL's proposed rule would broaden the term, which could mean companies that provide services to retirement plans would be considered fiduciaries. As a result, those service providers will curtail the investment guidance they have been providing retirement plans, charge plans more for participant investment education and complicate the rollover process for service providers as participants exit plans, critics said." (Investment News; one-time registration required)

New Jersey Governor Says 'Sue Me' as Pensioners Challenge Cuts
"Public workers in Colorado, South Dakota and Minnesota are already suing their states, which are among 18 that want to pare pension costs by increasing employee contributions, raising the retirement age or curbing cost-of-living increases." (Leo Kolivakis)

Pittsburgh City Officials May Need Hail Mary Pass As Unfunded Liability Hits $700 Mil.lion
"By relying on outdated actuarial tables, making only minimum payments, and failing to limit benefits as the number of active workers paying into the plans fell, Pittsburgh has accumulated a $700 mil.lion unfunded liability, and its 29.5% funding level is among the lowest in the U.S." (The Wall Street Journal)

New Jersey and Maryland Governors Air Dispute Over Pension Reform
"Both governors have proposed scaling back on teachers' and state workers' retirement benefits and requiring employees to pay more in contributions. The governors also would increase retirement ages and tweak cost-of-living adjustments." (Washington Examiner)

Women Lag Men in Retirement Savings
"A study from LIMRA finds defined contribution plan participation and deferral rates are nearly identical for women and men." (PLANSPONSOR.COM)

Congressional Quartet Backs DOL Fiduciary Proposal
"[A letter] said that the legislators strongly supported the decision to re-examine the types of advisory relationships that give rise to fiduciary status . . ., and, in most regards seemed supportive of the broader ,more comprehensive definition contained in the proposed definition." (PLANSPONSOR.COM)

Retirement Income Disclosure Bill Makes a Comeback
"With a growing interest in the subjects of retirement income and transparency, bipartisan legislation to provide more disclosure about retirement income has been reintroduced." (PLANSPONSOR.COM)

[Opinion]
Business Roundtable Letter on Application of ERISA Fiduciary Rules to Proxy Advisory Firms
"[Business] Roundtable strongly urges EBSA to confirm that ERISA fiduciary status applies to firms that provide proxy voting services to ERISA plans, either through any final regulations or pursuant to other guidance of general applicability." (Business Roundtable)

[Opinion]
American Benefits Council Comments on Definition of Fiduciary Proposed Rule (PDF)
"[W]e believe that the proposed regulations create too broad a definition of fiduciary. [W]e are very concerned that an overly broad definition would actually have a very adverse effect on retirement savings by raising costs, inhibiting investment education and guidance for plans and participants, and significantly shrinking the pool of service providers willing to provide such investment education and guidance." (American Benefits Council)

[Opinion]
SIFMA Comments on a Proposed Definition of Fiduciary Regulation
"SIFMA believes the proposed regulation would have unintended consequences including, but not limited to: 1) impacting the ability of millions of Americans to save for retirement; and 2) limiting access to markets, investment products and services providers." (Securities Industry and Financial Markets Association)

[Opinion]
The End of the Line for Small Potato Retirement Plan Advisors and Brokers?
"I believe that the Department of Labor and the Securities and Exchange Commission changing the fiduciary standard may have the impact of many brokers leaving the industry because many of the small broker dealers may not want to deal with the added liability of their brokers serving as co-fiduciaries of retirement plans." (The Rosenbaum Law Firm P.C. Blog)

[Opinion]
Why Social Security Taxes Are a Good Deal
"There had to be a point where an individual could better provide for himself or herself than Social Security would. So using my wife's income and payroll taxes as a case study, I set out to find it." (MarketWatch)

[Opinion]
Pennsylvania Pension Plan's Woes Are Costing Taxpayers
"Under Nicholas Maiale, a former state representative from South Philadelphia who has been chairman of SERS' board since 1992, and especially since then-Gov. Tom Ridge boosted pensions in 2001 without raising more funds to pay for them, SERS has become one of the most intensively managed public pension systems in the nation." (Philadelphia Media Network Inc.)


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Benefits in General; Executive Compensation

One Company Finds Permitting Employees to Modify Their Schedules Reduces Their Anxiety and Stress
"[Bon Secours Virginia Health System] is prepared to provide employees with flexible schedules to help meet their financial needs. A part-time worker might request full-time employment for a while or ask to increase part-time hours to qualify for benefits . . . ." (Workplace Management: free registration required)

When It Comes to Auto and Home Benefits, There's a Lot Employees Don't Know
"In recent years, employers increasingly have embraced the opportunity to enhance their employee benefit packages by offering access to voluntary benefits such as dental, long-term care, and property and casualty insurance." (Employee Benefit News; one-time free registration required)

Hybrid LTC Plans Cited Among 2011 Benefit Trends
"The message comes courtesy of Mark Konen, president of Lincoln Insurance and Retirement Solutions, who believes voluntary plans will continue to gain importance as more employers search for cost-effective benefit solutions." (Employee Benefit Adviser; one-time free registration required)

Press Releases

Evolution Benefits™ Announces Former P+W Software Executive, Bud Bockoven Has Joined Company as a Vice President of Sales EB Opens Western Office in Los Angeles
(Evolution Benefits)

Lincoln Financial Group's Defined Contributions / 401(k) Intermediary Team Expands National Footprint
(Lincoln Financial Group)

ABG Carolinas Becomes a Division of Pentegra Retirement Services
(Pentegra Retirement Services)

ING Extends its Fiduciary Service Program to More Types of Retirement Plan Sponsors
(ING Retirement Services)

Pulse Logic Announces Completion of NIPA Retirement Plan TPA Study
(Pulse Logic)

Funded Status of U.S. Pensions Rises to 87.6 Percent, According to BNY Mellon Asset Management
(BNY Mellon)

Bipartisan Bill Will Ensure Americans Are Better Prepared For Retirement
(U.S. Senator Jeff Bingaman)


Employee Benefits Jobs

Retirement Plan Administrator in OH for Noble-Davis Consulting, Inc

Benefits Manager in NY for Audubon

Retirement Plan Investment Representative in PA for First Savings Financial Services - Retirement Plan Services

Plan Administrator in VA for The Newport Group

Retirement Plan Administrator in PA for Valley Forge Pension Management

Health and Welfare Benefits Compliance Manager in FL for Publix Super Markets, Inc.

Education Consultant in CA for AXA Equitable

Pension Consultant in AZ for Boyce & Associates, Inc.

Regulatory Services Officer in MA for Putnam Investments

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Webcasts and Conferences

Webcast: Compensation Consternation
Nationwide on March 24, 2011 presented by ASPPA (American Society of Pension Professionals & Actuaries)

Webcast: Creative 401(k) Testing and Design
Nationwide on February 22, 2011 presented by ASPPA (American Society of Pension Professionals & Actuaries)

Webcast: Putting Together a Complete and Effective Auditor's Package
Nationwide on April 19, 2011 presented by ASPPA (American Society of Pension Professionals & Actuaries)

Webcast: Troubleshooting Participant Loan Issues
Nationwide on February 16, 2011 presented by ASPPA (American Society of Pension Professionals & Actuaries)

Webcast: Who is a Fiduciary under the New Proposed DOL Regulations?
Nationwide on February 24, 2011 presented by ASPPA (American Society of Pension Professionals & Actuaries)


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