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February 28, 2011 Health & Welfare Plans Newsletter  |  Advertise  |  Unsubscribe  |  Past Issues

[Guidance Overview]
Final FBAR Regulations Offer Helpful Relief for Plans
"[T]he final rules include a number of changes that should eliminate filing obligations for many plan-related accounts and plan officials. However, a blanket exemption for tax-exempt plans was not provided based on FinCEN's overriding objective to have access to as much information as possible." (Groom Law Group)


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Never Cash Out Retirement Accounts When Switching Jobs
"Withdrawing the funds from your retirement account before you are of retirement age is a financially dumb move nearly 100% of the time." (Retirement Online LLC)

Oklahoma Lawmakers Approve Pension COLA Funding Measure
"The Oklahoma state House has approved a bill mandating that lawmakers identify the funds to pay for state pension cost-of-living adjustments before they are approved." (PLANSPONSOR.COM)

IRS Handout for Employee Plans Technical Guidance Phone Forum, March 4, 2011 (PDF)
The forum will cover: the Priority Guidance Plan, the EP Determinations Program, and General Initiatives - Governmental and International. (U.S. Internal Revenue Service)

ING Hid Kickbacks from Fund Firms in 12(b)-1 Fees, Suit Alleges
"Healthcare Strategies Inc., a retirement plan administrator, has filed a class action against ING Life Insurance and Annuity Co., charging that the insurer received kickbacks from the mutual funds it offered to its plan clients." (Investment News; one-time registration required)


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

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First, Manage Your Risk: Retirement Planning (PDF)
"In this PIMCO DC Dialogue, we talk with Professor Zvi Bodie about preparing for retirement, which he believes is too difficult for the average person without help from experts.'" (PIMCO)

Commission's Plan Rolls Back California Pensions for Current Workers
"The bipartisan Little Hoover Commission recommended today that California state and local governments roll back pensions for existing employees, dump guaranteed retirement payouts and put more of the pension burden on workers." (The Sacramento Bee)

Audio and Transcript: Debate Heats Up Over Public and Private Pensions
"Olivia Mitchell, executive director of the Pension Research Council at the University of Pennsylvania's Wharton School, tells NPR host Renee Montagne that people in the private sector have pension envy because it seems their public sector peers are getting a better deal in retirement." (Morning Edition via NPR)

Charter Amendment Would Roll Back Some Los Angeles Police and Fire Pension Benefits
"With public employee pensions projected to consume a big chunk of Los Angeles' general fund by 2015, city officials take reforms of police and fire retirement benefits to the voters. But some say Charter Amendment G changes too little." (Los Angeles Times)

2011 State Pension Reform Proposals as of February 23, 2011
"This report is intended to convey a sense of the kinds of changes governors and legislators will consider to address state retirement issues in 2011. It draws upon such sources as governors' recommendations, state pension study commissions, legislative interim committee recommendations and legislation sponsored by legislative leaders, including the chairs of the committees whose jurisdiction includes retirement legislation." (National Conference of State Legislatures)

Audio and Transcript: Colorado Governor Tries to Cut State Employees' Benefits
"Colorado is one of many states looking to raid state employee pension plans to help bridge huge budget gaps." (Morning Edition via NPR)

[Opinion]
Ten Reasons Not to Cut Social Security Benefits
"In a new issue brief . . . Greg Anrig, vice president for policy and programs, argues against the growing consensus that the only fiscally responsible course of action is to curtail payments to Social Security beneficiaries." (The Century Foundation)

[Opinion]
The Wisconsin Lie Exposed: Taxpayers Actually Contribute Nothing to Public Employee Pensions
"Pulitzer Prize winning tax reporter, David Cay Johnston, has written a brilliant piece for tax.com exposing the truth about who really pays for the pension and benefits for public employees in Wisconsin." (Forbes.com LLC)

[Opinion]
The Truth About State Pensions
"Dean Baker has a deeply enlightening analysis of state pension shortfalls . . ., containing a lot of stuff I didn't know. The basic moral is that the official story these days -- of years and years of huge giveaways to unions, resulting in gigantic, unpayable debts -- is just wrong . . . ." (The New York Times; free registration required)

[Opinion]
A Proposal to Help Pay for Old Age
"[Not a single financial product offers a satisfactory solution to the longevity determination] risk. We believe that a new product -- a federally issued, inflation-adjusted annuity -- would make it possible for people to deal with this problem, with the bonus of contributing to the public coffers." (The New York Times; free registration required)

[Opinion]
Wall Street Journal Slams 401k Plans: Hey, What Happened to Editorial Oversight?
"The 401(k) system is and will to be the most effective system for most average workers to accumulate retirement savings and employers should be applauded for accepting the liability exposure, cost and management distraction these plans impose. I do not understand the Wall Street Journal's decision to join those denigrating the 401(k) system." (Profit Sharing / 401k Council of America)

[Opinion]
Face the State and Local Pension Problem
"Pension issues will become even more important this year, as state budgets lose the masking effect of two years of federal stimulus money. Underlying the challenge of keeping our pension promises is the issue of fairness." (The New York Times; free registration required)

Benefits in General; Executive Compensation

[Guidance Overview]
Buyer of Top-Hat Plan Sponsor's Assets Was Not Liable to Plan Participants for Benefits
"Top-hat plan participants could not recover benefits under ERISA § 502 from a company that bought all of the assets of the plan sponsor out of which benefits might have been paid, but did not assume any of the plan sponsor's liabilities under the plan . . . ." (Wolters Kluwer)

[Guidance Overview]
HHS Assesses $4.35 Mil.lion in First-Ever Civil Penalty for HIPAA Privacy Rule Violations
"This is the first civil money penalty imposed for a HIPAA privacy violation, although other HHS investigations of potential privacy rule violations have resulted in significant settlement payments by covered entities." (Thomson Reuters/EBIA)

Say on Pay Voting Shifting from Triennial to Annual, According to Data Compilation
"According to data compiled by the Center On Executive Compensation, seven of the 10 companies filing proxies between February 17 and February 24 recommended an annual say on pay vote, and just three recommended a vote every three years." (HR Policy Association)

Department of Justice Won't Defend DOMA, But Federal Agencies Will Continue to Enforce It
"The DOJ statement is likely to generate questions from plan participants about its effect on benefits for same-s.ex spouses or perhaps the expectation that plans will automatically extend benefits to same-s.ex spouses." (Thomson Reuters/EBIA)

Workers' Protests Swell in Midwest As Budget Battles Continue
"Republican lawmakers in the nation's heartland might be feeling a case of heartburn after their budget bills spawned demonstrations in at least three states over what protesters view as an attack on workers' rights." (Cable News Network)

Minnesota Unlikely to Go After State Employee Benefits
"Minnesota lawmakers are considering changes to the state's public work force, including paring the state work force by 15 percent and a proposed pay freeze for teachers. But Minnesota officials aren't expected to replicate Wisconsin's efforts to have employees pay more for their benefits, as such efforts likely wouldn't yield much savings in Minnesota." (lacrossetribune.com)

GOP Governors Gambling on Challenge to Public-Employee Unions
"With many working Americans financially battered by the recession and the years of economic uncertainty that preceded it, [Republican governors] are aiming to be seen as friends of the middle class even as they challenge workers who themselves are middle class." (The Washington Post; free registration required)

Press Releases


Employee Benefits Jobs

Director Participant Roll-in Services in CO for Great-West Life & Annuity Insurance Company

Administrative Support in CA for Benefit Strategies, Inc.

Account Executive - Retirement Services in MI for Principal Financial Group

Applications Support Specialist in FL for The Newport Group

Benefits Consultant - Direct Hire in CA for City of Hope

Customer Service Associate in CT for Prudential

Director, Risk Management in CT for Prudential

Post Your Job on EmployeeBenefitsJobs.com

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Webcasts and Conferences

"Plan Fees: Navigating the Maze" Web Seminar - A 3-part program
Nationwide on March 29, 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

Cafeteria Plans
in Washington on April 5, 2011 presented by EBIA / Thomson Reuters

Cafeteria Plans
in California on April 12, 2011 presented by EBIA / Thomson Reuters

Cafeteria Plans
in Illinois on April 26, 2011 presented by EBIA / Thomson Reuters

Cafeteria Plans
in Texas on May 3, 2011 presented by EBIA / Thomson Reuters

Cafeteria Plans
in Maryland on May 10, 2011 presented by EBIA / Thomson Reuters

Cafeteria Plans
in Minnesota on May 17, 2011 presented by EBIA / Thomson Reuters

COBRA Compliance for Group Health Plans
in Washington on April 7, 2011 presented by EBIA / Thomson Reuters

COBRA Compliance for Group Health Plans
in California on April 14, 2011 presented by EBIA / Thomson Reuters

COBRA Compliance for Group Health Plans
in Illinois on April 28, 2011 presented by EBIA / Thomson Reuters

COBRA Compliance for Group Health Plans
in Texas on May 5, 2011 presented by EBIA / Thomson Reuters

COBRA Compliance for Group Health Plans
in Maryland on May 12, 2011 presented by EBIA / Thomson Reuters

COBRA Compliance for Group Health Plans
in Minnesota on May 19, 2011 presented by EBIA / Thomson Reuters

ERISA Compliance for Health & Welfare Plans
in Washington on April 6, 2011 presented by EBIA / Thomson Reuters

ERISA Compliance for Health & Welfare Plans
in California on April 13, 2011 presented by EBIA / Thomson Reuters

ERISA Compliance for Health & Welfare Plans
in Illinois on April 27, 2011 presented by EBIA / Thomson Reuters

ERISA Compliance for Health & Welfare Plans
in Texas on May 4, 2011 presented by EBIA / Thomson Reuters

ERISA Compliance for Health & Welfare Plans
in Maryland on May 11, 2011 presented by EBIA / Thomson Reuters

ERISA Compliance for Health & Welfare Plans
in Minnesota on May 18, 2011 presented by EBIA / Thomson Reuters

Health Care Reform
in Washington on April 8, 2011 presented by EBIA / Thomson Reuters

Health Care Reform
in California on April 15, 2011 presented by EBIA / Thomson Reuters

Health Care Reform
in Illinois on April 29, 2011 presented by EBIA / Thomson Reuters

Health Care Reform
in Texas on May 6, 2011 presented by EBIA / Thomson Reuters

Health Care Reform
in Maryland on May 13, 2011 presented by EBIA / Thomson Reuters

Health Care Reform
in Minnesota on May 20, 2011 presented by EBIA / Thomson Reuters

Health Reform: Changes to Medicare Preventive Care Services and the Part D Prescription Benefit
in New York on March 16, 2011 presented by Medicare Rights Center

HIPAA Privacy & Security
in Washington on April 7, 2011 presented by EBIA / Thomson Reuters

HIPAA Privacy & Security
in California on April 14, 2011 presented by EBIA / Thomson Reuters

HIPAA Privacy & Security
in Illinois on April 28, 2011 presented by EBIA / Thomson Reuters

HIPAA Privacy & Security
in Texas on May 5, 2011 presented by EBIA / Thomson Reuters

HIPAA Privacy & Security
in Maryland on May 12, 2011 presented by EBIA / Thomson Reuters

HIPAA Privacy & Security
in Minnesota on May 19, 2011 presented by EBIA / Thomson Reuters

HSAs, HRAs, and Consumer-Driven Health Care
in Washington on April 6, 2011 presented by EBIA / Thomson Reuters

HSAs, HRAs, and Consumer-Driven Health Care
in California on April 13, 2011 presented by EBIA / Thomson Reuters

HSAs, HRAs, and Consumer-Driven Health Care
in Illinois on April 27, 2011 presented by EBIA / Thomson Reuters

HSAs, HRAs, and Consumer-Driven Health Care
in Texas on May 4, 2011 presented by EBIA / Thomson Reuters

HSAs, HRAs, and Consumer-Driven Health Care
in Maryland on May 11, 2011 presented by EBIA / Thomson Reuters

HSAs, HRAs, and Consumer-Driven Health Care
in Minnesota on May 18, 2011 presented by EBIA / Thomson Reuters


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