[Guidance Overview]
Appellate Court Sends Kraft Fee Case Back for Further Proceedings
"In the original suit, the plaintiffs argued that the recordkeeping fees paid and an employer's decision to unitize its company stock fund were a fiduciary breach under [ERISA] . . . ." (PLANSPONSOR.COM)

Register for ASPPA’s Spring Exams!

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

[Guidance Overview]
Despite Losses, Properly Executed Change in Default Investment Was Not Fiduciary Breach
"This case highlights the significance of procedural prudence in defending fiduciary breach claims. Despite the negative consequences for these participants, the court found that the plan's procedures in providing a proper QDIA notice overcame the individual claims." (Thomson Reuters/EBIA)

GASB Podcast: Pension Accounting and Financial Reporting for Projection of Benefit Payments
The podcast is dated March 23, 2011. (Governmental Accounting Standards Board)

Breach of Fiduciary Duty Claims Involving Excessive Fees after Tibble v. Edison International
"[A review of] the development of the law governing excessive fee litigation under ERISA involving 401(k) plans." (Social Science Research Network)

Illinois County Leader to Form Panel on Pension Abuses
"In one key area, the committee will focus on 'pension spiking,' where a special payout for accrued sick time, vacation days and other benefits is added to the employee's final salary to determine the pension . . . ." (Chicago Tribune)

IRS Final and Proposed Regs on Defined Benefit Retirement Plans (PDF document)

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.

Address for Delinquent Filer Voluntary Correction Program Lockbox Changes
"[EBSA] has announced that, effective March 29, 2011, the address for the Delinquent Filer Voluntary Correction Program . . . lockbox will change to: DFVC DOL, PO Box 71361, Philadelphia, PA 19176-1361." (Wolters Kluwer Law & Business)

[Opinion]
403(b) Plans: What Comes First, the Written Plan or the Implementation Date?
"Sometimes the right answer is very much tied to your facts and circumstances, within reason. If you can identify the date of the first contribution or funding to your 403(b) plan, begin there and work forward." (Conni Toth; published by Robert J. Toth, Jr)

[Opinion]
American Benefits Council Comment Letter Regarding Participation of Puerto Rican Plans in Group Trusts (PDF)
"We write to comment on Revenue Ruling 2011-1, setting forth the eligible plan investors in, and current requirements for, group trusts. Our letter focuses on plans maintained by US companies for their Puerto Rican workers . . . ." (American Benefits Council)

[Opinion]
Mutual Funds vs. ETFs: The 401(k) Format War
"Summary: A format war is when there is a competition between mutually incompatible proprietary formats that compete for the same market." (JD Supra, LLC)

[Opinion]
401(k) Plans Are Designed for Mediocrity
"The other funds offered in a 401(k) normally are a mix of large cap, midcap and small cap, bonds and international funds. The reason for this small, diverse group of funds is to allow people to create an asset allocation model based on the efficient market theory -- which is blatantly false." (TheStreet.com, Inc.)

[Guidance Overview]
SEC to Relax the Limits on Number of Private Company Shareholders?
"Apparently, the SEC is considering revisions to the rules regarding the exemption of compensatory employee stock options from registration under Section 12(g) of the 1934 Act . . . ." (Michael S. Melbinger via Winston & Strawn LLP)

[Guidance Overview]
Should Employees Joining a Start-Up Make a 'Section 83(b) Election' on Restricted Stock Awards?
"One drawback to making a Section 83(b) election is that since the stock is not vested when the election is made, the stock may be forfeited. The consequence of forfeiting restricted stock with respect to which a Section 83(b) election was made is simply that the recipient paid tax on unrealized income and the tax paid cannot be recouped through a subsequent deduction." (Michael Best & Friedrich LLP)

[Guidance Overview]
Tribal Court Domestic Relations Orders May Be Qualified DROs (PDF)
"The DOL concluded that such tribal court orders may be recognized as QDROs provided applicable State law recognizes or treats tribal court orders as issued pursuant to state law." (Prudential Retirement)

The Epsilon Email Breach: Why HR and Benefits Managers Should Care
"This breach emphasizes the need for employers, especially HR and benefit managers, to perform diligence and contract appropriately with all service providers handling personal information on behalf of the organization, even if the information held isn't traditionally viewed as sensitive." (Poyner Spruill LLP)

Employee Benefits Update, April 2011 (PDF)
The five-page newsletter presents select compliance deadlines and reminders; retirement plan developments; and, health and welfare plan developments. (Reinhart Boerner Van Deuren s.c.)

US Labor Department Sues Duluth, Ga., Software Services Company to Restore Losses to 401(k) Retirement Plan Participants and Beneficiaries
(U.S. Department of Labor, Employee Benefits Security Administration (EBSA))

Deadline Nears to Enter 10th Annual National Search for Best Companies
(Principal Financial Group)

The ESOP Association Announces 2011 Silver ESOP Award Recipients
(ESOP Association)

Alliance Benefit Group Reaches $2 Billion in Assets
(Alliance Benefit Group of Illinois)

Premier Healthcare Alliance, MedImpact Partner to Help Hospitals Better Manage Prescription Drug Costs for Their Employees and Benefit Plan Participants
(Premier Inc.)

Transamerica Retirement Introduces Enhanced Services Platform for TPAs
(Transamerica)

New Study Demonstrates Benefits of Worksite Health Promotion Programs for Small Businesses
(Health Enhancement Research Organization)

Longfellow Benefits Launches Longfellow HR Services; Employers Receive Responsive Human Resources Advice and Consulting Services
(Longfellow Benefits)

DATAIR Employee Benefit Systems, Inc.

TPA Regional Manager - California/Arizona in AZ, CA for Transamerica Retirement Services Corporation

Employee Education Consultant in PA for PNC

Benefits Analyst III in CA for AAA

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401(k)Rekon Advisor Symposium- San Antonio
in Texas on May 10, 2011 presented by 401(k) Rekon

401(k)Rekon Symposium- King of Prussia
in Pennsylvania on May 12, 2011 presented by 401(k) Rekon