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BenefitsLink Retirement Plans Newsletter
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[Guidance Overview]
DOL and the Scope of PTE 86–128 (PDF)
"DOL properly confirmed that PTE 86–128 is available to any fiduciary within the meaning of ERISA § 3(21)(A), including those who only provide investment advice (subject to the special provisions in the exemption for plan sponsors, administrators and certain other fiduciaries)."
(Sutherland Asbill & Brennan LLP)
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The biggest event of the year! [Advert.]

70+ interactive sessions on hot topics shaping the industry, meet with your Member of Congress, earn up to 25 ASPPA CPE credits/23 ERPA and JBEA CPE credits, 80+ displays in the exhibit hall and much more! Early birds save up to $500 on registration.
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[Guidance Overview]
Amending a Form 5500 (or Filing a Late Form 5500)
"There has been much confusion as to which forms a preparer should use in amending a Form 5500 filing or in filing a late Form 5500. Much of the uncertainty stems from conflicting statements made in the wake of the transition to electronic filing."
(SunGard Relius)
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Wolters Kluwer Law & Business brings you ftwPortal Express! [Advert.]

ftwPortal Express, a new member of the ftwilliam.com suite of products, will streamline the document/form collection/dissemination process and provide a secure means to communicate confidential information with clients. Ask us about a demo.
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A Proposal for Presenting a Clearer Picture of Public Pension Finances
"Among the recommendations to be proposed by the Government Accounting Standards Board is a new way to calculate today's value of pensions that will be paid in the future, in response to complaints that the current method drastically understates what governments owe."
(The New York Times; free registration required)
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What Do You Call a Glass That is 60–85% Full?
"The Wall Street Journal did not report the positive impact of auto-enrollment 401(k) plans on many workers who began to participate due to AE. As with any change, some people will not have the desired results; but if the focus of auto-enrollment is to increase participation among lower-income participants (and, as a result, their retirement financial preparedness), objective analysis suggests auto-enrollment does obtain that goal."
(Employee Benefit Research Institute)
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Court Ruling Points to New Reality in Public Pension Plans
"[The article says that little notice was paid last week to a Ramsey County, Minnesota,] District Court ruling upholding the constitutionality of changes the Legislature made to the state's three major public employee pension systems last year as part of a comprehensive 'pension sustainability' reform package."
(MinnPost.com)
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[Opinion]
Response to WSJ 401(k) Article: Numbers Show the Success of Automatic Enrollment
"The article falls into a mathematical trap. Seizing on the fact that 401(k) plans with voluntary enrollment have higher average participant savings rates than plans with automatic enrollment, the story makes the case that 'average savings rates have fallen in recent years.' The problem is that the comparison underlying the assertion looks only at contribution rates among plan participants, as opposed to all employees."
(Investment Company Institute)
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[Opinion]
Surprise: Pension Cuts Are Legal
"In Denver, District Judge Robert Hyatt decreed that saving the state's pension system from spiraling out of control 'is a legitimate governmental interest' which neither side in the case disputed in their briefs."
(Forbes.com LLC)
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Benefits in General; Executive Compensation
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A Surprising Lawsuit Over Section 162(m) Disclosure
"Earlier this month, the U.S. District Court for the District of Delaware allowed a shareholder derivative . . . lawsuit to continue against the officers and directors of Qualcomm, alleging that they issued a false or misleading proxy statement regarding the 162(m) tax-deductible status of executives' compensation . . . ."
(Michael S. Melbinger via Winston & Strawn LLP)
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Company Offers Employers Prepaid CPA Services as Employee Benefit
"The CapellaTax Network is aimed at individuals who might not otherwise engage a professional tax or financial consultant. The mission is to help employees establish a year-round, long-term relationship with a trusted advisor. In addition to taxes, these professionals promote the employers' other tax-saving programs, such as retirement plans, flexible spending accounts and health savings accounts."
(Employee Benefits News; free registration required)
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Press Releases
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BenefitsLink.com, Inc.
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Phone (407) 644-4146
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Jeanette Hull, News Editor
David Rhett Baker, J.D., Editor and Publisher
Lois Baker, J.D., President
Holly Horton, Business Manager
Copyright © 2011 BenefitsLink.com, Inc. All rights reserved.
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