To EmployeeBenefitsJobs.com To BenefitsLink home page

BenefitsLink Retirement Plans Newsletter

August 25, 2011 Get Health & Welfare News  |  Advertise  |  Unsubscribe  |  Past Issues  |  Search

Employee Benefits Jobs

401(k) Plan Administrator
for CBIZ Tofias in MA

Benefits Analyst - Retirement Plan Administrator
for Perkins Coie LLP in WA

Retirement Plan Administrator
for PlanTech, LLP in AL

Client Development Officer - Business Retirement Services
for COUNTRY Financial in IL

Sr Instructional Designer
for Prudential in AZ, ME, NJ, PA

Defined Benefit Senior Specialist
for Nationwide Financial in OH

Post Your Job on EmployeeBenefitsJobs.com

View All Jobs

RSS feed for jobs RSS Feed: All Jobs


Webcasts and Conferences

401(k) Rekon Advisor Symposium- Tysons Corner
in Virginia on September 22, 2011 presented by 401(k) Rekon

EA-2A Examination Review Course
in Virginia on September 30, 2011 presented by American Society of Pension Professionals & Actuaries (ASPPA)

Four-Page Summary Guidance: Getting Ready for 2012 Implementation
Nationwide on October 5, 2011 presented by EBIA / Thomson Reuters

Participant Loans Phone Forum
Nationwide on September 12, 2011 presented by Internal Revenue Service (IRS)

Top 10 Mistakes Companies Make with Employee Benefits Webcast
Nationwide on September 20, 2011 presented by Constangy, Brooks & Smith, LLP


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

[Official Guidance]
Master and Prototype Retirement Plan Sponsors: Responsibilities and Tips
"The IRS Employee Plans Compliance Unit recently conducted a review of how well M&P sponsors communicate with their adopting employers about compliance issues. Based on our review, we developed these 10 tips for M&P sponsors to address the potential concerns that may arise as they attempt to meet their responsibilities to adopting employers." (U.S. Internal Revenue Service)


Wolters Kluwer Law & Business brings you ftwPortal Express!   [Advert.]

Sponsored by ftwilliam.com

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.


[Official Guidance]
What Are the Main Exceptions to the 10% Additional Tax on Retirement Plans? (PDF)
This IRS chart provides a summary of exceptions for withdrawals from IRAs and other plans. (U.S. Internal Revenue Service)

[Guidance Overview]
Case Suggests that RFPs May Be Necessary to Fulfill Fiduciary Duties (PDF)
"DOL regulations regarding fiduciary responsibility require that fees paid by a 401k plan to its service providers be reasonable. Most 401k sponsors probably believe that hiring consultants to advise them on whether a recordkeeper's fee schedule is excessive is sufficient to satisfy the sponsor's fiduciary responsibility. . . . A recent decision by the U.S. Court of Appeals for the Seven Circuit concluded, however, that relying on consultants was not adequate." (401(k) Advisor via The Wagner Law Group)

[Guidance Overview]
10 Percent Early Distribution Penalty Applied to Deemed Distribution of Plan Loan
"Deemed distributions also can raise issues regarding withholding obligations and adequate security for subsequent loans." (Thomson Reuters/EBIA)

[Guidance Overview]
IRS' Four Tips for Employers to Avoid Compensation Errors in Retirement Plans
"The IRS lists four areas that can be affected by use of an incorrect definition of compensation: [One is that a] plan operational failure will occur if an employer makes profit-sharing contributions using base compensation rather than base compensation plus commissions as required by the plan document." (AdvisorOne)


Clear Answers and Complete Coverage of IRA Issues!   [Advert.]

Sponsored by Aspen Publishers

2011 Quick Reference to IRAs provides attorneys, accountants, financial planners, and consultants - along with their clients - with the essential facts and advice regarding the planning, implementation, and administration of IRAs.


What Do Retirement Plan Sponsors Look for in an Advisor? (PDF)
"The results of a Cogent Research study surprises the researchers, given the many new rules that have recently been made or will be made regarding fiduciaries . . . . Fiduciary support services were ranked 12th in importance by plan sponsors for reasons to select a provider. Smaller, or micro plan sponsors with less than $5 mil.lion in assets, ranked it even lower, with only 9% saying it was of prime importance." (Financial Advisor Magazine via)

U.S. Representative Wants to End Lawmakers' Pensions
"Rep. Mike Coffman, R-Colo., today announced that he will introduce a bill when Congress returns that does away with lawmakers' future defined benefit pension plan." (Gannett Government Media Corp.)

Cash Balance Plan Sponsor Prevails on Age Bias, Backloading and Disclosure Claims in 10th Circuit
"The case is notable as one of the first to analyze SPD disclosures in the aftermath of the US Supreme Court's recent Amara ruling on flawed SPDs. Without evidence of the employer's deceit or failure to explain how benefits would be calculated, the 10th Circuit declined to invalidate the SPD merely because it neglected to inform employees of a wearaway period." (Mercer LLC)

New Rules on the Way for Employee Retirement Plans
"The rules, known as 408(b) (2), were originally scheduled to go into effect this past July, but have been postponed until April 1, 2012. Supporters of the new regulations say they will bring greater transparency to the retirement industry as a whole, through documenting the fees participants pay brokers and retirement plan contractors for managing their accounts." (FOX News Network, LLC)

[Opinion]
Why Risk Doesn't Matter to the ERISA Fiduciary
"[B]y placing a subjective analysis into the false framework of a quantifiable questionnaire, investment firms give the illusion the results can be successfully mapped onto a 'recommended' asset allocation. In turn, this gives investors a misleadingly false sense of comfort. Finally, and most detrimentally, . . . in many cases, an investor's risk profile offers no relevance to the appropriate investment strategy." (Fiduciary News)

[Opinion]
The Future of the Short-Sleeve 401(k) Advisor
"The new disclosure rules don't exactly help the casual 401(k) advisor, although I would suggest that if disclosing how much one is being paid for one's services hurts one's business, then one should look for a new line of work." (401kExchange)

[Opinion]
PBGC Could Have Taxpayers on the Hook for Billions
"The PBGC has the cash to meet its short-term obligations, so it poses no immediate threat. That means the opportunity for reform is now. The agency is running a deficit this year; waiting to address serious structural flaws will only make the problems harder to solve down the road." (The Washington Times, LLC)

Benefits in General; Executive Compensation

[Guidance Overview]
What Wal-Mart v. Dukes Means for Employers (PDF)
"Many implications from this case seem to apply more to employment attorneys than employers. The most important takeaway for employers may be that discretion in decision-making at the local level can help prevent large class actions like Dukes." (Gonzalez Saggio & Harlan LLP)

The Basics of Garden Leave: Continuing the Employment Relationship for a Transition Period (PDF)
"What is 'garden leave'? A 'garden leave' provision generally takes the form of a 'notice' period—designated in weeks or months—during which a terminating employee is paid to remain at home and out of work (tending to the garden), but to be 'on call' to his or her former employer for as-needed transitional services." (The Bureau of National Affairs, Inc. via Paul Hastings)

National Compensation Survey: Health and Retirement Plan Provisions in Private Industry in the United States, 2010 (PDF)
"The National Compensation Survey (NCS) provides comprehensive measures of compensation cost trends, the incidence of benefits, and detailed benefit provisions. This bulletin presents estimates of the detailed provisions of employer-provided health and retirement plans in private industry in 2010." (U.S. Bureau of Labor Statistics)

Press Releases



BenefitsLink.com, 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

Copyright © 2011 BenefitsLink.com, Inc. All rights reserved.
All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of that content. You may not alter or remove any trademark, copyright or other notice from copies of the content.
Links to Web sites other than those owned by BenefitsLink.com, Inc. are offered as a service to readers. The editorial staff of BenefitsLink.com, Inc. was not involved in their production and is not responsible for their content.

More useful links: