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April 27, 2011 Get Health & Welfare News  |  Advertise  |  Unsubscribe  |  Past Issues  |  Search

[Guidance Overview]
The EPCRS and Excise Taxes
"Practitioners have long recognized that EPCRS (Rev. Proc. 2008-50) provides several mechanisms to repair qualification defects. But EPCRS also provides mechanisms to abate various excise taxes in appropriate situations. Specifically, through EPCRS, it is possible to reduce or eliminate the following excise taxes . . . ." (SunGard Relius)


DATAIR Retirement Plan Document Software [Advert.]

Sponsored by DATAIR Employee Benefit Systems, Inc.

Cost-effective PC software gives you everything needed to produce and maintain accurate plan documents, SPDs, amendments and employee communications. Many choices of DC, DB, 403(b) and Cash Balance plan types, plus expert support from DATAIR's team.


[Guidance Overview]
Seventh Circuit Affirms Trial Court's ERISA 'Stock Drop' Judgment in Favor of Former Employee (PDF)
"Scores of ERISA 'stock drop' cases have been resolved by settlement or by pre-trial rulings in favor of defendants. But only a handful of such cases have been decided following a fullblown trial on the merits. There have been four trials involving stock of a publicly-traded company, and the defendants prevailed in each such case. The numbers change if one also considers cases involving stock of a closely-held company." (Groom Law Group)

[Guidance Overview]
Text of Christy & Wwan Profit Sharing Plan v. Commissioner; Tax Court Opinion on Disqualification of Profit-Sharing Plan (PDF)
"Because petitioner's plan provisions were not amended to conform to statutory requirements, respondent retroactively revoked petitioner's tax-exempt status as a qualified profit-sharing plan under section 401(a)(1) for 2001 and subsequent years." (United States Tax Court via Osler, Hoskin & Harcourt LLP)

3(21) vs. 3(38) and Are You Holding Yourself to the Fiduciary Standard?
"The DOL is looking to make it more difficult to avoid fiduciary responsibility and make anyone who states they are a fiduciary to actually take on the corporate and personal liability of a fiduciary. To help alleviate this confusion in the market, we have assembled this piece to help clarify the differences between 3(21) Investment Advisors and 3(38) Investment Managers under ERISA." (fi360 Blog)


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A Role for Defined Contribution Plans in the Public Sector
"This brief provides an update on defined contribution initiatives in the public sector and then discusses whether the hybrids that have been introduced are the best way to combine the two plan types . . . ." (Center for Retirement Research at Boston College)

Five Things to Consider When Evaluating Retirement-Income Products
"Just 3% of defined contribution (DC) sponsors say they very likely will add in-plan annuity or insurance products in 2011, according to an Aon Hewitt survey; yet, hope remains in the industry that this could change in the years ahead." (PLANSPONSOR.COM)

Which Type of 401(k) is the Perfect Match for Your Business?
"When you get down to it, there are three core plan types to consider: a Safe Harbor 401(k), a Traditional 401(k), and a Tiered Profit Sharing 401(k)." (Forbes.com LLC)

The New Ideal Retirement Age
"Most Americans now expect to retire at age 65 or later. Over a third (37 percent) of workers plan to retire after age 65, up from just 15 percent in 1995." (U.S. News & World Report)

Changes to Public Sector Retirement Benefits Across States (PDF)
"[In the first 10 months of 2010], 18 states took action to reduce their pension liabilities, either through reducing benefits or increasing employee contributions, and more may do so in the remaining months and in 2011 legislative sessions." (The Pew Center on the States)

Engineering Firm Settles ESOP Suit
"[The class action lawsuit] alleged the engineering firm breached the terms of its employee stock ownership plan, and about 100 former employees were affected." (KansasCity.com)

Pew Report on State Retiree Benefit Funding 'Flawed, According to NCPERS
"The National Conference on Public Employee Retirement Systems . . . says a new analysis from the Pew Center on the States 'is seriously flawed and, as a result, comes to misguided conclusions that dramatically overstate the financial challenges facing state pension plans.'" (PLANSPONSOR.COM)

DOL Urges 9th Circuit to Reverse Ruling in Stock Drop Case
"In an amicus brief, the [DOL] has asked the [Court] of Appeals to reverse a federal district court's dismissal of a case against State Street Bank and Trust filed by General Motors 401(k) participants over company stock-related losses." (PLANSPONSOR.COM)

Seven Excuses for Not Saving for Retirement
"Here's how to overcome seven common excuses for not saving for retirement . . . ." (U.S. News & World Report)

Multiple Factors Hamper Widespread Acceptance of Annuities Within 401(k) Plans
"The biggest reason employers are uncomfortable with in-plan annuities, according to the Callan survey, is that they are unclear about the fiduciary implications." (Employee Benefit News; free registration required)

Retirement Planning Lags Behind Concern for Meeting Daily Expenses
"The 'PwC Financial Wellness Survey' examined the views of 1,610 working adults making at least $30,000 annually. 'It puts cash-flow planning at the center stage relative to current and future planning,' . . . ." (Employee Benefit News; free registration required)

[Opinion]
Pew Center Study Says 'The $1.26 Tril.lion Figure Is Based on States' Own Actuarial Assumptions.'
"Those assumptions were legislated by politicians to actuaries who understand what numbers their clients want to see . . . . low, and that's what they, and the public, get. Using those assumptions the shortfall for pensions comes to $660 bil.lion. Use 30-year treasury rates and it's $2.4 tril.lion." (Burypensions Blog)

Benefits in General; Executive Compensation

[Guidance Overview]
Federal Regulators Propose Rules on Incentive-Based Compensation Arrangements (PDF)
"The Dodd-Frank Wall Street Reform and Consumer Protection Act charged federal regulators with prescribing regulations or guidelines on incentive-based compensation practices at covered financial institutions." (Buck Consultants, LLC)

[Guidance Overview]
Claims for Administrative Record and Statutory Penalties Advance Over Challenge
"The plaintiffs in this case argue that the defendants failed to produce documents in derogation of their duties under the DOL claims regulation. The claims regulation embodies a sort of 'due process' for benefit claimants pursuant to 29 U.S.C. § 1133 which states . . . ." (Roy Harmon III / Health Plan Law)

Press Releases

Innovations in Employment-Based Health Benefits
(Employee Benefit Research Institute (EBRI))

Worker Attitudes Toward Retirement Savings Needs
(Employee Benefit Research Institute (EBRI))

Aon Hewitt Establishes a Health Care Exchange for Corporate Clients
(Aon Corporation)

Employee Benefits Jobs

Retirement Plan Administrator
for RSM McGladrey, Inc. in MD

Consultant
for Leon E. Werntz and Associates, Inc. in OK

Pension Administrator
for GF Pension Corp. in PA

Retirement Plan Service Specialist
for Retirement Alliance, Inc. in NH

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Jeanette Hull, News Editor
David Rhett Baker, J.D., Editor and Publisher
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