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BenefitsLink Retirement Plans Newsletter
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[Guidance Overview]
DOL Argues for Expansive Reading of Amara Decision
"In the DOL's reading of Justice Breyer's obiter dictum, the Court didn't merely restate the truism that a fiduciary who improperly deprives beneficiaries of funds can be compelled to give the money back (an action known in equity as 'surcharge' and precisely what the McCravy decision held). Instead, the DOL argues that Amara fashioned an essentially new equitable remedy . . . ."
(Steptoe & Johnson LLP)
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There is Strength in Numbers—All for One! [Advert.]

Together, retirement plan professionals are a formidable force. Help promote and defend the employer based retirement system in the months and years ahead. Join ASPPA—your source for advocacy, education and networking.
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[Guidance Overview]
Court Agrees Minnesota Department of Corrections Early Retirement Incentive Plan Violates ADEA
"Under the [early retirement incentive plan], an employee who retired at age 55 would get employer contributions for health and dental insurance until age 65, but an employee who retired after age 55 would not. The appellate court agreed with a district court ruling that the early retirement incentives are 'facially discriminatory' . . . ."
(PLANSPONSOR.COM)
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Study Predicts California Pension Savings with Hybrid Plan
"Switching California state government pensions to a hybrid system that provides a modest monthly check plus a 401(k)-type savings plan could save taxpayers about $250 mil.lion right away and generate billions of dollars in savings in future years, according to a new study by a pension reform organization."
(Los Angeles Times)
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Investment Vehicles Appropriate for the Portfolio Size
"It is important for the fiduciary to be familiar with the universe of investment options (mutual funds, ETFs, and separate account managers to illustrate the more common investment vehicles), as no one implementation structure is right for all occasions."
(fi360 Blog)
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Plan Sponsors Cherry-Picking from Target-Date Series
"Rather than offer the complete lineup of a target-date series in their 401(k) plan, sponsors are selecting only those funds that fit the age and demographics of their employees."
(Financial Planning via Employee Benefit News; free registration required)
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[Opinion]
Brief of Investment Company Institute as Amicus Curiae in Appeal of 401(k) Fee Case (PDF)
"The Plaintiffs in this action contend, inter alia, that decisions to make certain investment options available to participants in the Edison 401(k) plan violated the fiduciaries' duty of prudence under ERISA. Plaintiffs specifically contend that so-called 'retail' mutual funds offered by the Plan and the Plan's Money Market Fund would not have been offered by a prudent fiduciary. These contentions disregard the needs of defined contribution plans and important facts about these types of investment options."
(Investment Company Institute)
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[Opinion]
Public Employee Pensions in the News Now and a Look at What Is to Come
"For starters, most employers will seek to increase incumbent employee contributions as much as tolerable for employees immediately and then by another 1 percent per year—at the same time they introduce lower benefits and higher retirement ages for new hires[.]"
(Governing)
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Benefits in General; Executive Compensation
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Press Releases
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