[Guidance Overview]
New Regulations Likely to Impede Hybrid Plans
"While Congress sought to clear a place in the regulatory jungle for hybrid plans to grow, the regulators appear to view the PPA as imposing new limits on hybrid plans to rein them in -- and a complicated web of regulations imposing significant and unanticipated new restrictions and requirements has ensued."
(Pension & Benefits Blog)
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DATAIR Defined Contribution Plan Software [Advert.]

Software for proposals, compliance testing, statements and periodic administration for "DC" plans. System handles 401(k), Profit Sharing (including Cross Testing), 403(b), ESOP, and NQ plans. Cost-effective PC-based system for TPAs and consultants.
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[Guidance Overview]
What to Do If You Missed Your RMD Deadline
"The deadline for taking an RMD is usually December 31 of the year to which the RMD applies. However, there are two exceptions . . . ."
(RetirementDictionary!)
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[Guidance Overview]
IRA Charitable Distributions No Panacea
"The primary reason that direct contributions from IRAs have relatively little value is that, in fact, the charitable deduction received for a regular cash contribution to offset other income usually yields an almost identical result in terms of after-tax wealth available to the taxpayer."
(American Institute of Certified Public Accountants)
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[Guidance Overview]
408(b)(2)/ERISA Compliance and the Security Compliance Professional
"There has been a distant relationship in the past between the application of securities law and the application of ERISA. . . . So now we have the new 408(b)(2) regs, which I often term as potential 'business busters' because they speak to the fundamental basis of doing business in this very large retirement plan marketplace: getting paid for the services provided."
(Robert J. Toth, Jr)
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2010 ERISA Advisory Council Report on Disparities for Women and Minorities in Retirement Savings
"The objectives of this study are to 1) identify the causes of existing discrepancies with regard to retirement readiness for women and minorities and 2) determine what actions the Secretary of Labor could take to mitigate these discrepancies. The Council assembled empirical information from multiple sources to understand the causes of the disparities, and developed recommendations for the Secretary."
(U.S. Department of Labor, Advisory Council on Employee Welfare and Pension Benefit Plans)
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A Role for Defined Contribution Plans in the Public Sector (PDF)
"Unlike private sector employees, public employees typically contribute to their defined benefit plan. The authors remind readers that 'in states where employees are covered by Social Security, the median contribution rate is 5 percent of earnings. In states without Social Security the median employee contribution rate is 9 percent.' Many also participate in supplemental retirement savings plans when given the opportunity to do so."
(Center for State and Local Government Excellence)
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Detroit Pension Boards Challenge New Emergency Powers Law
"Detroit workers' pension boards have asked a court to declare unconstitutional a new law allowing state-appointed emergency financial managers to, among other things, impermissibly 'seize control of retirement systems.'"
(PLANSPONSOR.COM)
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Congress Urged to Reject Higher PBGC Premiums As FY 2012 Budget Plans Take Shape
"Though the GOP budget plan does not explicitly seek higher premiums, the idea -- proposed earlier by President Obama and his bipartisan deficit reduction commission -- will get serious consideration from the House pension committees charged with writing legislation to help achieve the goal of slashing $6 tril.lion in federal spending over the next 10 years."
(Mercer LLC)
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408(b)(2) Report Examples (PDF)
"ERISA Section 408(b)(2) provides a statutory exemption if plan services meet the following three conditions: 1. The services are necessary; 2. The fees are reasonable; and 3. The contract or arrangement is reasonable."
(PlanTools)
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Benefits in General; Executive Compensation
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[Guidance Overview]
Intermediate Sanctions and Executive Compensation: A Quick Refresher
"[Recently] the IRS has signaled its intention to pay closer attention to the compensation and benefits paid to executives in exempt organizations, and the well publicized enhancements to the compensation disclosure requirements on Form 990 give the IRS plenty of information to work with. With this in mind, we wanted to offer a brief review of the so-called 'intermediate sanctions' rules and a refresher on the simple process that tax-exempt employers should follow when setting compensation and benefits packages for executives."
(Verrill Dana, LLP)
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[Opinion]
Say on Pay - Now Come the Lawsuits?
"An unfortunate development in the new world of Shareholder Say on Pay, which I hope does not become a trend, is the filing of a shareholder derivative strike lawsuits against members of the Board, the Compensation Committee, and even the compensation consultants of the companies that receive a majority 'Against' vote on their Say on Pay resolution (that is, they lose the vote)."
(Michael S. Melbinger via Winston & Strawn LLP)
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Press Releases
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