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May 3, 2011 Get Health & Welfare News  |  Advertise  |  Unsubscribe  |  Past Issues  |  Search

[Guidance Overview]
Withdrawal Liability to Multi-Employer Pension Plans Under ERISA (PDF)
"This paper is intended as a general guide to the withdrawal liability provisions of ERISA, which were added in 1980 by the Multi-Employer Pension Plan Amendments Act ('MPPAA') for practitioners and executives. It discusses the MPPAA's background and the operation of its major provisions, with some emphasis on litigation procedures." (Vedder Price P.C.)


DATAIR Defined Benefit Software [Advert.]

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PC-based software for proposals, compliance testing and valuations with PBGC reporting, employee statements and termination calcs. Supports wide range of plan designs including Cash Balance and 412(e)(3). Cost-effective systems with expert support.


[Guidance Overview]
Settlement Reached in PFF Bancorp Class Action Suit
"A court has approved a $3 mil.lion settlement of a case accusing PFF Bancorp Inc of continuing to purchase and invest in company stock for its 401(k) plan and Employee-Stock Ownership Plan . . . when it was no longer prudent." (PLANSPONSOR.COM)

[Guidance Overview]
Court Says Spouse Trumps Beneficiary Designation of Children
"A federal court has granted retirement plan benefits of a deceased participant to his spouse, even though he had listed his children as beneficiaries on the plan's designation form." (PLANSPONSOR.COM)

[Guidance Overview]
Update on 403(b) and 457(f) Plans
The target page has links to the presentation; a supplement titled: The Anticipated 457(f) Regulations and how they Affect Deferred Compensation for Tax Exempts;' and a supplement titled: 403(b) Plans: The IRS as Friend and Foe. (Morgan, Lewis & Bockius LLP)

[Guidance Overview]
District Court Finds No Fiduciary Breach for Change in Qualified Default Investment Alternative
"The district court in Bidwell reached a very favorable conclusion regarding the scope and effect of a QDIA, and favorably interpreted provisions in the various plan documents, SPDs, and other communications." (Morgan, Lewis & Bockius LLP)


Fidelity Investments [Advert.]

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[Guidance Overview]
Coming to Terms with When You Are, or Aren't, a Fiduciary, and for How Long
"What happens if I make a mistake as a fiduciary? You can be held personally liable (insurance protection may be purchased) for fiduciary breaches in areas over which you have decision-making authority." (Employee Benefit News; free registration required)

Pensions in the 2000s: the Lost Decade?
"Using data from the Survey of Consumer Finances, I find that after robust gains in the 1980s and 1990s, pension wealth experienced a marked slowdown in growth from 2001 to 2007. Projections to 2009 indicate no increase in pension wealth from 2001 to 2009." (National Bureau of Economic Research; paid subscription or individual purchase required to retrieve fulltext)

IRS Webinar on Effect of International Tax Issues on Retirement Plans
"The [IRS] Office of Employee Plans will offer a free webinar on how international tax issues affects retirement plans on May 26, 2011 at 2:00 PM ET." (U.S. Internal Revenue Service)

2011 Investment Company Fact Book: A Review of Trends and Activity in the Investment Company Industry (PDF)
"This year, the chapter that examines the role that mutual funds play in the retirement and education savings markets has been rewritten]. For example, you will see an expanded discussion of target date funds, which have become a popular investment within 401(k) and other defined contribution plans." (Investment Company Institute)

Criteria 401k Plan Sponsors Must Consider Before Hiring an ERISA Attorney
"If the consequences of choosing the wrong ERISA attorney can prove catastrophic, what criteria should the 401k plan sponsor and fiduciary use to select an ERISA attorney?" (Fiduciary News)

New IRS Review of Higher Education's 403(b) Plans
"The IRS's Employer Plans Compliance Unit is in the process of issuing a 21 question questionnaire, Form 866a, to a sampling of colleges and universities, aimed at testing whether or not there is compliance with 403(b)'s 'universal eligibility rule.'" (Business of Benefits published by Robert J. Toth, Jr.)

BrightScope Sticks to Its Guns As It Responds to Outspoken Critics of Its Advisor Pages
"BrightScope executives say they will stay the course in their plan to make data about 450,000 financial advisors accessible, even though the company's publication of the data and plans to profit from it are angering some advisors and industry observers." (RIABiz LLC)

PBGC Seeks Increase in Premiums
"The government agency that backstops the private pension plans of 44 mil.lion Americans is $23 bil.lion in the hole and wants a $16 bil.lion infusion from U.S. employers over the next decade." (The Detroit News)

Wealth Change during Recession Led to Changes in Plans for Retirement
"A 2009 follow-up survey of households that completed the 2007 Survey of Consumer Finances . . . found changes in families' savings intentions or behavior, their tolerance for financial risk, and their retirement planning." (PLANSPONSOR.COM)

Basic Questions and Answers About Lump Sum Distributions
"The ins and outs of lump sum distributions, and whether to take them or not, are among the most common conundrums facing new retirees." (Milliman, Inc.)

Benefits in General; Executive Compensation

[Guidance Overview]
Finistar Options Backdating Suit Reinstated
"The court said because plaintiffs point to specific grants, specific language in option plans, specific public disclosures, and specific empirical analysis to show knowing and purposeful violations, then they provided sufficient particularity in the pleading to survive a motion to dismiss for failure to make demand." (PLANSPONSOR.COM)

As Labor Costs Rise, Spotlight Is on Benefits
"Over the last 12 months, total compensation -- which includes salaries, wages and benefits -- rose 2%. The rise was primarily due to a 3% rise in benefit expenses, the [DOL] report said." (The Wall Street Journal)

ERISA and KISS (Keep It Simple, Stupid) Are Strange Bedfellows
"[T]here are things that will never be simple about the design and administration of ERISA plans, but my challenge to you is to change your perspective and think about where you can follow the tenet of simplicity." (Employee Benefit News; free registration required)

Updated Employee Ownership 100 List
The NCEO has released the latest Employee Ownership 100, an annotated list of the 100 largest U.S. companies 50% or more employee-owned through an employee stock ownership plan (ESOP) or other means. (National Center for Employee Ownership)

Employee Ownership Update for May 2, 2011
New NCEO Executive Director Loren Rodgers takes over the Employee Ownership Update with a column discussing new data on the number of ESOPs, the Rosen Ownership Opportunities Fund, employee ownership in China, the 2011 Innovations Awards, the VEOC conference, and more. (National Center for Employee Ownership)

[Opinion]
Frederic W. Cook Comment Letter on Listing Standards for Compensation Committees (PDF)
"The proposed regulations reproduce the statutory language that directs the committee to consider the revenues from the issuer as a percentage of total revenues. While this information may in certain circumstances be helpful we submit that many times it will significantly less helpful than another revenue comparison -- a comparison of revenues for services to the compensation committee to all revenues from the issuer." (Frederic W. Cook & Co., Inc.)

Press Releases


Employee Benefits Jobs

Implementation Project Manager
for Retirement Alliance, Inc. in NH

Omni Business Analyst/Project Manager
for National Rural Electric Cooperative Association (NRECA) in VA

Director of Underwriting
for Corporate Synergies Group in NY

Client Service Manager
for Summit Retirement Plan Services/Tegrit in OH

Senior Compliance Specialist
for First Savings Retirement Services in PA

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