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July 28, 2011 Get Health & Welfare News  |  Advertise  |  Unsubscribe  |  Past Issues  |  Search

Employee Benefits Jobs

Education Consultant
for AXA Equitable in CA, TX

Institutional Trust Area Manager
for Regions Financial Corp. in TN

Employee Benefits Sales Executive
for Winona Agency in MN

Dedicated Retirement Counselor
for Prudential in AL

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Webcasts and Conferences

Employers and the NYS Marriage Equality Act: It's Time to Get Acquainted
in New York on August 4, 2011 presented by Hodgson Russ


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[Guidance Overview]
Update on U.S. Tax Issues for Puerto Rico Plans (PDF)
"[I]t is a good idea to review where things stand with your company's dual and Puerto Rico-only qualified plans and master/group trusts. Unfortunately, many of the key US tax issues remain in limbo due to the lack of further IRS guidance. The attached memo discusses the possible ways to proceed, whether to wait, and how you can participate in our ongoing efforts to persuade IRS and Treasury to issue favorable permanent relief." (Groom Law Group)


Learn How Mergers & Acquisitions Affect Qualified Plans   [Advert.]

Sponsored by ASC

Earn Continuing Education credit while learning how M&As plus other changes in ownership impact retirement plans. Intermediate to advanced level. August 17th at 2pm EST. Click here for webcast info and registration.


[Guidance Overview]
AT&T Cash Balance Plan Conversion Was Communicated Correctly, Says Court
"[A suit was filed] claiming that the AT&T conversion to a cash balance plan had violated disclosure rules, the Age Discrimination in Employment Act (ADEA), the anti-backloading rules of ERISA Sec. 204(g)(2), and the anti-cutback rule of ERISA Sec. 204(b)." (Wolters Kluwer Law & Business)

[Guidance Overview]
In CIGNA v. Amara, Supreme Court Unconvincingly Rejects Use of ERISA § 502(a)(1)(B) to Enforce Terms in SPD
"The unconvincing nature of the Court's reasoning matters for at least three reasons. First, the respect for Supreme Court decisions does not arise merely from their precedential value, which may be quite limited. Coherent decisions deserve and receive far more respect than incoherent ones." (Social Science Research Network)

Pension Proposal in California Would Create 'CalSPERS' for Private Sector Employees
"[The initiative, called the Pension Solvency Act] would significantly scale back benefits for current and new employees, give the state controller broad authority to audit the state's pension systems and orchestrate the creation of CalSPERS—a pension system for the state's private sector employers." (The Sacramento Bee)

Audio and Text: The Debt Standoff and Your 401(k)
"Many top investors say that if you already have a well-thought-out, diversified retirement portfolio, the best thing to do in times of uncertainty is to stay the course." (NPR)

BP Seeks Dismissal of Spill-Linked Retirement Plan Lawsuits
"BP Plc employees shouldn't be allowed to sue the company's retirement savings plan managers for investing too heavily in BP stock, because the workers chose to invest in those shares, company lawyers said." (Bloomberg LLP)

Hearing Testimony: Redefining 'Fiduciary': Assessing the Impact of the Labor Department's Proposal on Workers and Retirees
From the Chairman's opening statement: 'This is a difficult issue, and we should never lose sight of the real world impact these changes may have on the investments and long-term retirement security of workers and retirees. We need to challenge any proposal that could curb investment opportunities, raise the costs of investing, and reduce the return on those investments for individuals saving for retirement." (U.S. House of Representatives Committee on Education and the Workforce, Subcommittee on Health, Employment, Labor and Pensions)

L.A. County Retiree Group Standing Firm against Pension Disclosure
"The Los Angeles County Employees Retirement Association is refusing to disclose how much its retirees are receiving, even as other counties have agreed to make pension information public." (PLANSPONSOR.COM)

The Growing Complexities of Administrating an Employee Benefit Plan
"The best way to avoid errors is to be informed of the relevant government regulations. It is also critical to be familiar with plan documents relevant to the specific plan being administered, since every plan is unique. [This article presents] four issues we see quite often during our audits of employee benefit plans . . . ." (EisnerAmper)

[Opinion]
Group Letter to IRS Regarding Exemption for Foreign Retirement Plans under FACTA (PDF)
"We respectfully suggest that the following plans pose a low risk of tax evasion and be relieved from the reporting requirements of section 1471(a) pursuant to section 1471(f)(4) . . . ." (American Benefits Council)

[Opinion]
ESOP Association's Statement to Subcommittee on Health, Education, Labor, and Pensions for July 26, 2011, Hearing on 'Redefining 'Fiduciary' (PDF)
"With regard to incorrect valuations of private company ESOP stock, the Association acknowledges and shares the DOL's concern but questions whether the problem is as widespread as the DOL implies. The Association has not heard significant numbers of complaints from its corporate or fiduciary members about incorrect ESOP valuations." (The ESOP Association)

Benefits in General; Executive Compensation

Four Steps to Workplace Flexibility and Smart Scheduling
"The common assumption is that workplace flexibility is impractical for hourly workers. Not so: On that Monday, models emerged to offer workplace flexibility in three contexts where it might seem impossible: health care, restaurants and small business." (TheHuffingtonPost.com, Inc)

[Opinion]
Text of Comments by 22 Prominent Lawyers on Section 953(b) of the Dodd-Frank Act, Advocating Modifications and Delay, or Repeal (PDF)
Lawyers with various large law firms and consulting firms drafted this 10-page comment letter in their individual capacities, commenting to the SEC on the portion of the Dodd-Frank Act requiring disclosure of the ratio of a CEO's pay to the median pay of a registered employer's workers. Excerpt: "[F]or the reasons set forth below, registrants should be given several years (at least two years from the effective date of the regulations) in order the implement [section 953(b)]." (Consortium of Employee Benefits Lawyers, published on BenefitsLink.com)

Press Releases



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