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April 14, 2011 Get Health & Welfare News  |  Advertise  |  Unsubscribe  |  Past Issues  |  Search

[Guidance Overview]

IRS and the Tax Court Remind Us that 401(k) and Pension Plans Can Still be Disqualified
"[H]ad these plan sponsors done regular compliance audits and paid a modest penalty, they could have adopted required amendments late without jeopardizing qualification under the IRS' voluntary correction program." (Osler, Hoskin & Harcourt LLP)


Here’s Your Chance to Reshape the Industry! May 9-11- Dallas, TX [Advert.]

Sponsored by ASPPA

Participate in a collaborative effort to develop best practices for procedures, information-sharing, problem-solving, client service and compliance in the 403(b) marketplace. Today’s the last day to get the early bird discount so register now!


[Guidance Overview]

Final Regs Updating Eligibility Requirements for Enrolled Actuaries
"The Joint Board for the Enrollment of Actuaries has issued final regulations that update the eligibility requirements for enrolled actuaries to perform actuarial services for ERISA-covered pension plans." (Wolters Kluwer Law & Business)

[Guidance Overview]

EBSA Final Amendment to Class PTE 96-23 Expanding Allowable Transactions Involving In-House Asset Managers
"EBSA notes that the amended exemption does not provide relief for the receipt of compensation by an INHAM or any minority owner of the INHAM with respect to the provision of investment management services to a plan maintained by the INHAM or an affiliate of the INHAM. Furthermore, no INHAM may receive compensation from the plan for providing services in excess of direct expenses." (Wolters Kluwer Law & Business)

[Guidance Overview]

MN Agency Must Pay for Age Bias in Early Retirement Program
"A federal judge has entered a consent decree requiring the Minnesota Department of Human Services . . . to pay $467,165 to resolve an age discrimination case filed by the U.S. Equal Employment Opportunity Commission . . . ." (PLANSPONSOR.COM)

The U.S. Retirement Market, Fourth Quarter 2010 (PDF)
"Estimates of mutual fund assets held in retirement accounts are based on data from ICI's Quarterly Questionnaire for Retirement Statistics, which gathered data from 19,315 mutual fund share classes representing approximately 85% percent of mutual fund industry assets at year-end 2010." (Investment Company Institute)

Rhode Island's Pension Liabilities Are Now the Worst in Country
"The state's unfunded obligation is now $6.8 bil.lion, up from $4.9 bil.lion . . . . That puts the state's pension funding ratio at 48%, the worst in the nation, according to data from Boston College's Center for Retirement Research." (Business Insider, Inc.)

Americans Cite Affording Retirement as Top Financial Concern
"Almost 40% of working Americans say they will never afford retirement, which, for the second year in a row, ranks as the nation's most important financial concern, according to a survey conducted for the American Institute of Certified Public Accountants." (PLANSPONSOR.COM)

[Opinion]

Fiduciary Standard: Backdoor Solution to 401k Plan Sponsors' 12b-1 Problem?
"Last week's comments [made by industry leaders] - both public and private - reveal one possible strategy for addressing the 12b-1 dilemma." (Fiduciary News)

[Opinion]

Putting California's State Pension Obligation Into Perspective
"Down the road, the current state pension system probably is not fiscally sustainable, as some studies have reported. It could burn a hole in the state vault -- some time in the future. But not now or any time soon." (The Sacramento Bee)

[Opinion]

Are Automatic Enrollment Plans a Success?
"The short answer to the question is yes. Many studies have indeed indicated that adding automatic enrollment features to a plan helps to facilitate [increased participation rates.]" (Milliman, Inc.)

Benefits in General; Executive Compensation

[Official Guidance]

Text of Proposed Rule from the Agencies: Incentive-Based Compensation Arrangements (PDF)
"The proposed rule would require the reporting of incentive-based compensation arrangements by a covered financial institution and prohibit incentive-based compensation arrangements at a covered financial institution that provide excessive compensation or that could expose the institution to inappropriate risks that could lead to material financial loss." (U.S. Securities and Exchange Commission et al)

[Guidance Overview]

Legal Issues Raised by the Electronic Delivery of Stock Award Agreements
"Each year, more companies deliver employees' equity award notices and/or agreements to them electronically. Providing these (and other) documents electronically saves the company time, effort, and money. . . . However, there is a right way and a wrong way to provide award agreements and other required documents electronically." (Michael S. Melbinger via Winston & Strawn LLP)

[Guidance Overview]

Expanded Reporting and Disclosure Requirements Calendar: Single-Employer Pension and Welfare Plans Under ERISA (PDF)
The chart includes a Calendar of Administrative Requirements for Plans With January 1 Plan Years and a Calendar of Administrative Requirements for Plans With July 1 Plan Years. (Towers Watson)

Despite Huge Salaries, CEOs Cling to Their Perks
"The still shaky economy and shareholder unrest have begun to temper the value and scope of executive perks. Last year, some companies eliminated specific entitlements, such as tax gross-ups -- essentially, payments to cover taxes on the perks' value. A handful of companies began capping the amount of personal use of the corporate jet, while others started swapping specific perks for extra cash." (USA TODAY)

West Virginia University Includes Gays in New Employee Benefits
"The expansion of 'family-friendly' options will allow WVU employees to enroll 'qualified adults' who live in their household to receive some of their University benefits . . . ." (The Daily Athenaeum)

Ten Steps to Reduce Future Exposures on Employee Misclassification and Similar Issues
"Your company could clearly be at risk with respect to tax/labor exposures on employee misclassification, executive compensation, expense reimbursement, and Section 409A deferred compensation issues. This checklist may help you reduce those exposures starting today." (Pillsbury Winthrop Shaw Pittman LLP)

Press Releases

ASPPA & NTSAA Request Municipal Advisor Exemption
(American Society of Pension Professionals & Actuaries (ASPPA))

Employee Wellness Awards Program Marks Second Year
(Illinois State Council of the Society for Human Resource Management)

PLI's Employment Law Yearbook 2011 Helps Prevent and Defeat Costly Employee Claims
(Practising Law Institute)

Employee Benefits Jobs

Director, Stock Plan Services Operations
for Charles Schwab in CO

Qualified Plan Administrator
for DST Retirement Solutions in MO

Senior Pension Administrator
for Western & Southern Financial Group in OH

Retirement Sales Plan Specialist - Internal Wholesaler
for ExpertPlan, Inc. in NJ

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Webcasts and Conferences

Employee Benefits in Mergers & Acquisitions
in New York on June 9, 2011 presented by ABA Joint Committee on Employee Benefits

M & A Due Diligence For ERISA Attorneys: A Case Study
in New York on June 10, 2011 presented by ABA Joint Committee on Employee Benefits


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

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