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February 25, 2011 Health & Welfare Plans Newsletter  |  Advertise  |  Unsubscribe  |  Past Issues

[Guidance Overview]
Fiduciary Considerations for Insured Retirement Income Products: Focus on Guaranteed Withdrawal Benefits (PDF)
"Guaranteed retirement income solutions provide potentially valuable benefits for 401(k) plan participants, and [guaranteed minimum withdrawal benefit features (GMWBs)] are an innovative response to concerns about traditional annuity-type approaches." (Reish & Reicher)


The IRS in Your Backyard! (advert.)

Sponsored by ASPPA

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]
Documenting Fiduciary Responsibility (PDF)
"Documents to maintain as long as the plan is in existence: Plan document and plan summary description; All plan amendments; All determination letter(s); Support for a participant or beneficiary's entitlement to benefits." (WithumSmith+Brown, PC)

Defined Benefit Plan Sponsors More Concerned with Risk than Returns, According to Survey
"Eighty-five percent of respondents rated pension risk as 'very' or 'extremely' important. The importance of risk increased with a plan's asset size relative to company size . . . ." (PLANSPONSOR.COM)

Mississippi Pension System Agrees to Delay of State Contribution Increase
"At the Legislature's request, the Mississippi Public Employees' Retirement System board has approved a six-month delay on a requested $53.6 mil.lion hike in state contributions." (PLANSPONSOR.COM)


DOL Issues Proposed Regulation Updating the Definition of ERISA Fiduciary (advert.)

Sponsored by MassMutual

Need help with DC specialized testing services, or participant notices, or preapproved plan documents? For information on how MassMutual’s team of ERISA consulting experts can help your company, please contact EASConsulting@massmutual.com.


Roth 401(k) Plans Appear Poised for Growth
"The message is slowly getting out. At year-end 2009, the latest data available, the Roth feature was offered in one-third of Vanguard-record-kept plans." (The Vanguard Group, Inc.)

Retirement Account Balances, Updated February 2011
"This fact sheet follows trends in retirement account balances since the beginning of 2005." (Urban Institute)

[Guidance Overview]
ERISA Prohibits Restitution of Contributions to Multiemployer Fund Absent 'Strong' Rationale
"ERISA's exclusive benefit rule prohibits the restitution of employer contributions to a multiemployer pension fund without a 'strong' rationale for granting equitable relief, the U.S. Court of Appeals in Philadelphia . . . has ruled in Mazza v. Sheet Metal Workers' National Pension Fund." (Wolters Kluwer)

California Commission's Report: 'Public Pensions for Retirement Security'
"The [Commission] urged the Governor and the Legislature to establish the legal authority for the state and local governments to freeze pension benefits for current workers." (State of California, Little Hoover Commission)

What to Do If You Haven't Saved Enough for Retirement
"Here are some of the things retirement pros suggest to help kickstart a weak -- or nonexistent -- retirement plan." (CNBC, Inc.)

Seven Reasons Americans Can't Save for Retirement
"The first step toward saving for retirement is to spend less than what you earn. But a quarter of workers say they are not saving because they spend all of their income." (U.S. News & World Report)

Tracking Compensation and Getting It Right for Retirement Plan Purposes (PDF)
"Errors from using incorrect compensation are among the most common found in IRS Audits of retirement plans." (Milliman, Inc.)

Proposed Rules for Public Plan Advisors Detail Fiduciary Role Under Dodd-Frank Act
"The Municipal Securities Rulemaking Board has proposed fiduciary standards for 'municipal advisors' to public pension funds and other municipal entities." (Mercer LLC)

'Train Wreck' Predicted for Retirement Plans If Dodd-Frank Rule-Writing Isn't Slowed
"Agencies implementing swaps restrictions in the Dodd-Frank Act need more time to develop rules and evaluate comments from the retirement plan community, House lawmakers were told at a Feb. 15 congressional hearing." (Mercer LLC)

[Opinion]
SPARK Institute Request for IRS Guidance on Tax Reporting for Qualified Roth Distributions (PDF)
"According to the 2011 Instructions for Forms 1099-R and 5498, code B is now to be used to indicate any distribution from a designated Roth account, regardless of qualification status. Our members are uncertain about how the reporting is to be accomplished." (The SPARK Institute)

[Opinion]
ERISA Class-Action Suits Shape U.S. Retirement Future
"In less than a decade, 800 of the largest U.S. corporations -- AOL Time Warner, AT&T, Caterpillar, Delta Air Lines and General Electric Co. among them -- have been sued by classes of employees who believed their self-directed retirement plans failed to meet standards set by [ERISA]." (Institutional Investor, Inc.)

Benefits in General; Executive Compensation

Memorial Service for Nell Hennessy Tomorrow (Sat. Feb. 26) in D.C.
"Nell Hennessy, Chief Executive Officer of Fiduciary Counselors Inc., died at her home in Washington, DC, on February 4, 2011 of metastatic endometrial cancer. . . . A memorial service celebrating Nell's life will be will be on Saturday, February 26, at 11:00am, at St. Joseph's on Capitol Hill Catholic Church [313 Second St, NE], followed by a reception. There is an UPDATE/CHANGE to the reception location -- The reception will be at the Powerscourt [located at the Phoenix Park Hotel near Union Station, at 520 North Capitol St, NW, 2nd floor of the Dubliner Restaurant]. Condolences to the family may be sent in care of Fiduciary Counselors Inc., 700 12th St. NW, Suite 700, Washington, DC 20005." (FiduciaryCounselors.com)

Washington Post Obituary for Nell Hennessy, Online Guest Book; Link to CUA Donations Site
"Ellen Anne Hennessy (Nell) . . . was a nationally recognized expert on the Employee Retirement Income Security Act (ERISA) and a tireless champion for the rights of plan participants and pension plans. She was a model and mentor to many in the field of employee benefits and worked to educate both lawyers and other benefits professionals in the intricacies of employee benefits law and practice. . . . Donations in her honor may be made to The Nell Hennessy Employee Benefits Scholar Award at the Columbus School of Law at The Catholic University of America, Office of Development and Alumni Relations [which has an online donation form at https://secure.cua.edu/donate/placeOrder.cfm?productType=1&productID=50&submit=Donate+Now]" (Washington Post (free registration required))

D.C.-Area Plant Society Fondly Remembers Member Nell Hennessy
"This Chapter will never be the same. Nell is gone. . . . She would be the first to admit she wasn't a grower but she was an important part of everything we did. Always friendly, she greeted visitors and made them feel we couldn't go on without them. There was no job too big or small for her to take it on. We want coffee -- she does it. We need to run a convention -- done. Any problem -- she would find the solution. At one show an exhibitor canceled a flower arrangement at the last minute and the niches were already placed. She denied having any talent but put a design together with materials she gleaned from others and won best in show. She didn't do any of this for her own glory, she just did the work to get it done." (Petal Tones (The National Capital Area Chapter of The Gesneriad Society))

SEC Staff Guidance Clarifies Say-on-Pay Rules
"Seven new SEC staff Compliance & Disclosure Interpretations provide guidance on the final say-on-pay rules adopted Jan. 25 under the Dodd-Frank Act." (Mercer LLC)

DOJ Deems DOMA Unconstitutional
"The DOMA defines a legal spouse, for federal law purposes, only as a lawfully married member of the opposite se.x." (E Is for ERISA)

How Can Fringe Benefits Cost Nearly As Much As a Worker's Salary? Answer: Collective Bargaining
"The showdown in Wisconsin over fringe benefits for public employees boils down to one number: 74.2. That's how many cents the public pays Milwaukee public-school teachers and other employees for retirement and health benefits for every dollar they receive in salary. The corresponding rate for employees of private firms is 24.3 cents." (The Wall Street Journal)

Press Releases


Employee Benefits Jobs

Pension Analyst in TX for Milliman

Defined Contribution Administrator in GA for Qualified Plan Administrators, Inc.

Retirement Plan Administrator in WI for Kolb+Co

Manager of Client Services in OH for Tegrit Group / Summit Retirement Plan Services, Inc.

TPA Regional Manager in CA, CO, IA, KS, MN, MO, NM, NV, OR, WA for Transamerica Retirement Services Corporation

Qualified Plan Sales Consultant in CA for Jordan & Associates Retirement Services

VP, Partner Optimization & Development (Eastern Region) in CT for Prudential

Pension/401(k) Specialist in WI for CUNA Mutual

Qualified Plan Specialist in WI for CUNA Mutual

Senior 401(k) / DC Plan Admin Specialist in WI for CUNA Mutual

Retirement Plan Consultant in NY for Boutique Benefits Consulting Firm

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Webcasts and Conferences

"403(b) Terminations: What We Know and Want to Know" Web Seminar
Nationwide on March 16, 2011 presented by SunGard Relius


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David Rhett Baker, J.D., Editor and Publisher
dbaker@benefitslink.com

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