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BenefitsLink Retirement Plans Newsletter
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[Guidance Overview]
Fee Disclosure Compliance Delayed: Why, What's the Impact, and What We Recommend (PDF)
"In its announcement of the compliance delay, the DOL said that it does not anticipate that any further delay will be needed because the changes in the amendment will not require significant additional effort. This suggests that the changes either may not be extensive or may simplify the disclosure requirements, or both."
(Drinker Biddle & Reath LLP)
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Testimony of Phyllis C. Borzi, Asst Secretary of Labor, EBSA, before House Committee on Education and the Workforce, Subcommittee on Health, Employment, Labor, and Pensions, July 26, 2011
"[A]s we further develop our thinking in this rulemaking, we are paying special attention to the two primary exceptions to fiduciary status under the proposed rule: (1) clarifying the difference between investment education that does not give rise to fiduciary status and fiduciary investment advice; and (2) clarifying the scope of the so-called 'sellers' exception' under which sales activity is not fiduciary advice."
(U.S. Employee Benefits Security Administration)
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CalPERS Legal Analysis: Pensions Are a Vested Right and Protected Under Law
"CalPERS analysis looked at more than a dozen California appellate cases over the last 70 years, calling out several rules that have emerged from court decisions, including: Employees are entitled to benefits in place during their employment, meaning they obtain a vested right to the provisions of the applicable retirement law that exists during the course of their public employment."
(PublicCEO.com)
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Vested Rights of CalPERS Members (PDF)
"CalPERS has prepared this paper for two purposes: To articulate the current state of California law regarding the nature of its members' pension rights and the extent to which such rights have become 'vested' and may not be impaired; and To explain the role of CalPERS in ensuring that its members' vested rights are honored."
(California Public Employees' Retirement System)
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The Growing Retirement Nightmare for Women
"'While women today have more economic opportunity than ever before, they also have a great deal more financial responsibility,' said Sandra Timmermann, director of the MetLife Institute. 'Compared to previous generations of women who likely had a pension (either theirs or their husband's) and a deed to a mortgage-free home, today's women are less prepared.'"
(The Fiscal Times)
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Target-Date Funds' Design Outdated, Research Concludes
"Recent moves by several fund companies to include alternative and other nontraditional assets in their allocations is a step in the right direction, but does not solve their shortcomings . . . ."
(Employee Benefit News; free registration required)
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2011 Buyer's Guide for Total Retirement Outsourcing
"For purposes of this Buyer's Guide, total retirement outsourcing (TRO) refers to the combination of service offerings relating to retirement plans: defined contribution, including employee stock ownership plans (ESOPs); defined benefit; and deferred compensation."
(PLANSPONSOR.COM)
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Stable Value Products: An Increasingly Important Component of the U.S. Retirement Market (PDF)
"Given the heightened interest in stable value products, one objective for this white paper is to provide an introduction to these products to assist plan sponsors and financial advisors in making retirement plan design decisions. The second objective for this paper is to discuss . . . three reasons why stable value products are likely to play an even more important role in the retirement market in the coming years."
(Prudential Retirement)
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DOD Panel Calls for Radical Retirement Overhaul
"A sweeping new plan to overhaul the Pentagon's retirement system would give some benefits to all troops and phase out the 20-year cliff vesting system that has defined military careers for generations."
(Gannett Government Media Corporation)
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[Opinion]
ASPPA Response to Treasury Request for Comments on Reducing the Regulatory Burden
"ASPPA's recommendations related to: (1) the initiative regarding lifetime income distributions; (2) relief for sponsors of safe harbor 401(k) plans who encounter financial difficulties; (3) mid-year changes to a safe harbor 401(k) plan; (4) a unified approach for electronic disclosures for retirement plans; (5) plan sponsor elections under the Pension Protection Act of 2006; (6) simplification of required employee communication items; and (7) that interim amendments only be required once every three years."
(American Society of Pension Professionals & Actuaries)
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[Opinion]
Competition Will Cut Costs for Teacher Retirement Plans
"The Legislature can take a much-needed step to help ensure that educators achieve the secure retirement they deserve by authorizing school districts to select financial companies for their supplemental 403(b) retirement plans via competitive bidding."
(San Jose Mercury News)
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Benefits in General; Executive Compensation
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New Publication: Selling a Company Directly to Employees
For many business owners, an ESOP is the best solution for business transition. But for others, whether due to size, economics, or personal preference, selling directly to one or more employees is a better option. This issue brief shows how this can be done, exploring alternative structures, financing arrangements, how to use insurance in buyout agreements, legal issues, tax concerns, and valuation. Finally, the brief compares an ESOP sale to a sale directly to employees.
(National Center for Employee Ownership)
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Press Releases
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