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July 20, 2011 Get Health & Welfare News  |  Advertise  |  Unsubscribe  |  Past Issues  |  Search

Employee Benefits Jobs

Pension Administrator
for Third Party Pension Administration Company in WA

Retirement Consultant
for Lincoln Financial Group in TX

Retirement Consultant
for Lincoln Financial Group in VA

ERISA Consultant
for Pension-Consultants, Inc. in MO

Client Service Coordinator
for Veratis Institutional Advisors, Inc. in NC

Compliance Consultant
for 4A's Benefits in NC

Account Executive- Richmond, Virginia or Raleigh, North Carolina
for Lincoln Financial Group in NC, VA

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Webcasts and Conferences

401(k) Rekon Advisor Symposium- Cherry Hill
in New Jersey on August 18, 2011 presented by 401(k) Rekon

403(b) Update
Nationwide on August 18, 2011 presented by McKay Hochman Co., Inc.

ERISA Litigation
in Illinois on November 14, 2011 presented by ABA Joint Committee on Employee Benefits

Executive Compensation
in New York on November 7, 2011 presented by ABA Joint Committee on Employee Benefits

Hardships, In-service & Elective Deferrals Distributions
Nationwide on August 25, 2011 presented by McKay Hochman Co., Inc.

Health and Welfare Benefit Plans
in District of Columbia on October 31, 2011 presented by ABA Joint Committee on Employee Benefits

The Nuts and Bolts of Reporting and Disclosure Rules for Employee Benefit Plans
Nationwide on August 30, 2011 presented by ABA Joint Committee on Employee Benefits

We also publish the BenefitsLink Health & Welfare Plans Newsletter (free): Subscribe

[Guidance Overview]
Former Tax-Exempt Organizations May Salvage Status and Continue Sponsoring Tax-Favored Retirement Plans (PDF)
"On June 8, 2011, the IRS announced that approximately 275,000 organizations had lost their tax-exempt status because they did not file legally required annual reports for three consecutive years. The IRS also announced special steps to help these organizations apply for reinstatement of their tax-exempt status. This status is particularly important for entities that sponsor 403(b) plans or non-governmental section 457(b) plans." (Prudential Retirement)

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[Guidance Overview]
5th Circuit Affirms Decision in Continental Sham Divorces Case
"Continental alleges that the pilots and spouses obtained 'sham' divorces for the purpose of obtaining lump sum pension distributions from the Continental Pilots Retirement Plan, which they otherwise could not have received without the pilots' separating from their employment with Continental." (PLANSPONSOR.COM)

[Guidance Overview]
The Delay of Fee Disclosure Compliance (PDF)
"For service providers that have completed the steps necessary to comply or are well on their way to complying, we suggest that they 'stay the course.' By that, we mean continue the process of preparing for implementation of the disclosure process, but delay full implementation until the amendments to the regulation are published—with two exceptions . . . ." (Drinker Biddle & Reath LLP)

[Guidance Overview]
Extension of Applicability Dates for New ERISA Disclosure Rules (PDF)
"The transitional rule, as amended, also provides that the required quarterly disclosures must be furnished no later than 45 days after the end of the quarter in which the initial disclosures are furnished, to avoid requiring quarterly disclosures to be provided prior to the initial disclosures." (Morgan, Lewis & Bockius LLP)

Understanding the Reluctant Retiree on Campus: Helping Individuals Make the Right Retirement Decision (PDF)
"When the goal is motivating the 'right' faculty to retire, programs can not be based simply on age and years of service. The issues are more nuanced, so strategies to address it must be nuanced." (TIAA-CREF Institute)

Early Retirement: The Dawn of a New Era? (PDF)
"A century-long trend toward earlier and earlier retirement by American men has come to a halt, and has subsequently reversed. Among older women, there was a similar break in trend, and many older men and women are working today than the pre-1980s trends would have predicted." (TIAA-CREF Institute)

Fiduciary Liability Policies May Not Cover Costs Associated with DOL Investigations (PDF)
"[In this newsletter] the entire investigatory process, in the context of possible breach of fiduciary duty violations by employee benefit plan fiduciaries, is discussed. From the possible insurance carrier responses to a notice of claim filing, to the determination of this response based on the DOL's written communication with the plan, to the ultimate involvement and advice of fund counsel." (The Segal Group, Inc.)

Hearing: 'Redefining 'Fiduciary': Assessing the Impact of DOL's Proposal on Workers and Retirees'
The July 26 hearing is scheduled at 10:00 a.m. in room 2175 Rayburn H.O.B. Witnesses to be announced. (U.S. House of Representatives Committee on Education and the Workforce, Subcommittee on Health, Employment, Labor and Pensions)

Retirement Income and the 4% Rule (PDF)
"Over most historical periods, the 4% rule provides a reasonable retirement income target. However, not all practitioners and academics advocate it. Indeed, in 2010, J.L. Davis . . . characterized all autopilot distribution rules -- either a fixed level of spending or a fixed spending rate -- as 'extreme solutions.'" (Schultz Collins Lawson Chambers, Inc.)

Fiduciary Issues Related to the Allocation of Revenue Sharing (PDF)
"[P]rudence would appear to dictate the selection of the actual allocation method of returning revenue sharing to participant accounts, especially where a provider's recordkeeping system can accommodate this approach in a cost-effective manner." (Drinker Biddle & Reath LLP via Securian Retirement)

City in Rhode Island Asks Retirees to Sacrifice
"[Central Falls] is broke and headed for bankrup.tcy, partly because it has promised retired police and firefighters millions of dollars in pensions and benefits that it cannot begin to afford. . . . No recipients, including widows of retirees, would see their pensions cut by more than half or to less than $10,000 a year . . . ." (The New York Times; free registration required)

Coming IRS Church Plan Rules May Enhance Participant Protections
"IRS guidance may require applicants for rulings confirming church-plan status to notify participants about the effect on benefits, according to an IRS official. In a letter responding to key senators' concerns about protections for church plan participants, the official also noted that the IRS won't issue favorable rulings to plan sponsors purporting to convert ERISA-covered plans to church plans (after a church acquires the sponsoring employer, for example)." (Mercer LLC)

NYC Pensions Said to Weigh Sale of Private-Equity Holdings
"New York is poised to free up money for new commitments as private-equity managers commence raising new pools." (Bloomberg LLP)

Judge Hears Arguments, Will Decide in September on Rhode Island Pension Change Legality
"The courts will have the ultimate say over what is legal. In oral arguments Monday, lawyers John Tarantino for the state and Lynette Labinger for the unions offered their divergent opinions on whether pension benefits are a legally protected property right or a contract right." (The Providence Journal Co.)

Benefits in General; Executive Compensation

Electronic Disclosure by Employee Benefit Plans: Responses to EBSA's Request for Information
"The Labor Department's request for information [set] forth 30 specific questions on a broad range of topics related to electronic distribution of benefit plan information." (U.S. Employee Benefits Security Administration)

Gang Of Six Deficit Plan: Executive Summary
"The plan uses a two-step legislative process: (1) an initial bill that makes immediate cuts; and (2) a process for a second bill to enact comprehensive reform and put our nation on a stable fiscal path." (Gang of Six via Henry J. Kaiser Family Foundation)

Housing, Moving Assistance Provided by Corporations Low This Year
"Help with everything from selling a previous home to lump-sum relocation payments and temporary relocation help saw continued declines, according to a recent poll of human resource managers at major corporations conducted by the Society for Human Resource Management, or SHRM." (

Gang of 6 Deficit Effort Gains Momentum with Plan to Cut the Deficit by More Than $4 Tril.lion Over the Coming Decade
"More than $1 tril.lion of the deficit cuts would come from tax increases reaped as Congress overhauls the loophole-choked U.S. tax code. It would also repeal a long-term health care program established under the last year's health overhaul and force up to $500 bil.lion in cuts from federal health care programs over the upcoming decade . . . ." (BenefitsPro)

Press Releases

Sugar Hill, Ga., Custom Woodworking Company Agrees To Restore $16,000 To Pension Plan Following US Labor Department Investigation
(U.S. Department of Labor, Employee Benefits Security Administration (EBSA))

US Labor Department Sues Plymouth, Minn.-Based Mirror Factory And Owners To Restore More Than $14,000 To Company’S 401(k) Plan
(U.S. Department of Labor, Employee Benefits Security Administration (EBSA))

Aetna to Acquire PayFlex

FutureOffice Network 2.0 for Sales and Service Product is Released to Applause across the United States
(FutureOffice Network)

Mercer to Acquire Mahoney & Associates

Russell Continues Expansion of Institutional DC Team
(Russell Investments)

BASE HRA+ Is Helping Companies to Save as Much as 50% on Insurance Premiums

Securian Solves Revenue Sharing Fiduciary Issues
(Securian Financial Group)

Hutchens Investment and New Leaf Asset Management Merge
(Hutchens Investment Management), Inc.
1298 Minnesota Avenue, Suite H
Winter Park, Florida 32789
Phone (407) 644-4146
Fax (407) 644-2151

Jeanette Hull, News Editor
David Rhett Baker, J.D., Editor and Publisher
Lois Baker, J.D., President
Holly Horton, Business Manager

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