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September 16, 2011 Get Health & Welfare News  |  Advertise  |  Unsubscribe  |  Past Issues  |  Search
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Third Party Administrator
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Webcasts and Conferences

Complying with New Regulations for TPAs and Financial Advisors
in California on November 9, 2011 presented by San Diego County Chapter of NIPA

JBEA Regulations and Qualification Standards Webcast
Nationwide on October 6, 2011 presented by American Society of Pension Professionals & Actuaries (ASPPA)


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[Guidance Overview]
PBGC's Annual Premium Penalty Relief (PDF)
"The relief provides a seven-day cushion for timely premium payments. It also addresses concerns that have been raised with respect to penalties attributable to the method used to calculate variable rate premium payments." (Groom Law Group)


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[Guidance Overview]
Directed Trustee Not Liable for Allegedly Imprudent Selection of Retail Mutual Funds as Plan Investment Option
"In addition, the company's selection of retail mutual funds, with allegedly excess fees, as plan investment options was not imprudent because the funds provided a reasonable mix and range of options that included a variety of risk profiles and fee rates." (Wolters Kluwer Law & Business / CCH)

[Guidance Overview]
New DOL Guidance on Electronic Disclosures
"The new interim policy on electronic disclosures expressly states that it applies only to the new fiduciary disclosure rules. Plan administrators should not rely on it for other purposes, but additional guidance is forthcoming." (Ballard Spahr LLP)

[Guidance Overview]
Hardship Distributions from Designated Roth
"[T]he final regulations state that if a hardship distribution of designated Roth amounts is actually taken before the qualified distribution rules are satisfied, it would be taxed as if it consisted of pro rata amounts of after-tax Roth contributions and earnings." (McKay Hochman Co., Inc.)

[Guidance Overview]
What Accounts Are Considered by IRS and DOL To Be in a 403(b) Plan?
"Since the 403(b) termination guidance creates a 403(b) contract that exists outside of an employer plan, the rules for what accounts are in the plan need to be revisited. [This] is an article on what accounts are considered part of the employer's plan for IRS purposes and what are considered part of the plan for DOL Form 5500 filing purposes.' (McKay Hochman Co., Inc.)


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Senator Introduces Bill to Strengthen Social Security
"U.S. Senator Bernie Sanders (D-Vermont) has introduced legislation designed to keep the social security program sound for another 75 years." (PLANSPONSOR.COM)

How Would Seniors Fare under the Bowles-Simpson Social Security Proposals by 2070?
"Micro-simulation of future benefits shows how recommendations by Alan Simpson and Erskine Bowles, co-chairs of the deficit commission appointed by President Obama, would lower Social Security benefits for almost all (92 percent) of seniors entitled to benefits in 2070." (National Academy of Social Insurance)

Corporate Pension Plan Investments in Alternative Assets: Determinants and Consequences
"[The author finds] that plans with alternative investments earn higher returns in the pre-crisis period, but also perform more poorly during the crisis period, suggesting that the potential diversification benefits from investing in this asset category may be overstated." (Center for Retirement Research at Boston College)

401(k) Savings Proposal Gets Cold Shoulder from Senate Committee Hearing Panel
"At the center of the testimony . . . was a proposal offered by William G. Gale, director of the Retirement Security Project at the Brookings Institution, to create a saver's credit, or matching government contribution, into taxpayers' retirement savings accounts, eliminating the tax exemption for contributions to employer-based accounts." (Pensions & Investments; free registration required)

Plan Termination: Best Practices for Defined Contribution Plan Fiduciaries and Advisors (PDF)
"For whatever the reason any given plan terminates, there is one overriding commonality bridging all terminated plans: the need to understand the process and plan the path ahead carefully." (RolloverSystems, LLC)

Rhode Island to Proceed with Pension Reform Despite Judge's Ruling
"General Assembly leaders have already signaled their intent to call the state's part-time lawmakers back for a special session in October to deal with the state's pension-funding crisis." (The Providence Journal Co.)

How to Know If You Are on Track for Retirement
"Most folks have never run a retirement income projection, including a hard-to-believe 57% of those aged 55 to 64, [a recent] study found." (Time Inc.)

The 'Perfect' 401(k) Plan: An Actionable Strategy Informed by Research and Focused on Results (PDF)
"'A 'perfect' 401(k) plan helps ensure that workers are participating, contributing and managing investments wisely in order to adequately fund their future retirement and that workers have a strategy for saving, investing and transitioning into retirement.'" (Transamerica Center for Retirement Studies)

What's So Automatic About Auto Enrollment?
"When adding an automatic enrollment design to your plan, you must choose which type of arrangement you wish to have, in writing, within your document." (Milliman, Inc.)

Should Target Normal Cost Include Investment Expenses?
"The American Academy of Actuaries thinks No, and I'm inclined to agree. The Pension Protection Act generally requires defined benefit (DB) plans to pay a minimum contribution each year that is comprised of two parts, namely (1) the target normal cost and (2) a shortfall amortization." (Milliman, Inc.)

Philadelphia Council Keeps DROP, Overriding Mayor
"Council's legislation would reduce the program's cost by bumping up the retirement age for non-uniformed employees. It also would reset the interest rate on payments into DROP accounts from a guaranteed 4.5 percent to the rate on one-year Treasury bonds for employees who qualify for DROP more than 90 days after the bill becomes law." (Philly.com)

Fine-Tune a 401(k) or IRA, and Cut Costs
"The first leg of an overhaul should be to examine your account for often-hidden internal expenses. There may be layers of middleman fees that you can eliminate simply by changing vendors." (The New York Times; free registration required)

The Risks of Investing Like the Big Pension Funds
"Certainly, 401(k)s and traditional defined-benefit plans have much in common because both are long-range investments. Yet the two pools of money are significantly different in size, in the diversity of recipients, in payment schedules and in legal requirements." (The New York Times; free registration required)

A Two-Step Plan That Strengthens Your Nest Egg
"In a study looking at household total net wealth from $349,000 to $1.5 mil.lion, the Government Accountability Office found that 'delaying Social Security payments and buying an annuity' maximizes retirement income for nearly every income group." (The New York Times; free registration required)

State of U.S. Employee Retirement Preparedness (PDF)
"Employees ARE increasingly focusing on retirement planning, and taking action to improve their preparedness, now that many have built a more solid financial foundation after the recession by cutting unnecessary expenses, reducing debts, and establishing an emergency savings fund." (Financial Finesse, Inc.)

[Opinion]
Retirement and the Market Sell-Off
"When the stock market sells off, as it did in late July and early August, there is an inevitable surge in commentary on the riskiness of U.S. retirement accounts. The main worry is that retirement investors are taking on too much risk and that retirement assets should be invested in 'safer' securities or programs." (The Vanguard Group, Inc.)

[Opinion]
American Benefits Council/ACLI Statement for the Record: Hearing on Tax Reform Options: Promoting Retirement Security (PDF)
"As this Committee considers the retirement area (in the context of tax reform or otherwise), it is critical that you focus on what policies will help individuals and employers generate retirement income sufficient for employees to maintain their standard of living. Too often, retirement policy is driven by extraneous considerations, such as the need to generate revenue for the federal government." (American Benefits Council / American Council of Life Insurers)

[Opinion]
Pension Rights Center Testimony for Hearing on Tax Reform Options: Promoting Retirement Security (PDF)
"Given the enormous challenges facing the country, this hearing might be subtitled, 'How to better use the tax system to rebuild and revitalize the American dream for workers and retirees.' Because that's what it's about, isn't it?" (U.S. Senate Committee on Finance)

[Opinion]
ASPPA Testimony Submitted to Hearing on Tax Reform Options: Promoting Retirement Security (PDF)
"[T]he current tax incentives are working very well to promote retirement security for millions of working Americans. Modest changes can and should be made to expand coverage, but care should be taken to preserve and enhance the basic framework of the current incentives that motivate employers to sponsor retirement plans, and both employers and employees to contribute to these arrangements." (U.S. Senate Committee on Finance)

[Opinion]
Brookings Institution Testimony Submitted to Hearing on Tax Reform Options: Promoting Retirement Security (PDF)
"My testimony discusses a proposal that would reform public policies toward retirement saving by replacing the current deduction for contributions to retirement saving accounts with a flat-rate refundable credit that would be deposited directly into the saver's account." (U.S. Senate Committee on Finance)

Benefits in General; Executive Compensation

[Official Guidance]
Text of IRS Memorandum to Audit Examiners Regarding New Guidance on Reimbursement of Employee Personal Cell Phone Usage (IRS Notice 2011-72) (PDF)
"The purpose of this memorandum is to provide audit guidance to examiners regarding employers that reimburse their employees for the business use of an employee's personal cell phone. This document is not intended to be a technical position, but to provide guidance to examiners who encounter this issue." (U.S. Internal Revenue Service)

[Guidance Overview]
IRS Eases Cell Phone Substantiation for Employers
"'Heightened substantiation requirements that apply to listed property no longer apply to cell phones for taxable years beginning after Dec. 31, 2009,' because cell phones—and similar devices—are no longer listed property under Code Section 274(d) . . . ." (SmartHR)

[Guidance Overview]
Guidance Issued on Tax Treatment of Business Cell Phones
"The IRS says that the value of the business use of an employer-provided cell phone is excludible from an employee's income as a working condition fringe to the extent that, if the employee paid for the use of the cell phone, the employee would be able to deduct such payment as a trade or business expense under section 162." (American Institute of Certified Public Accountants)

Public Companies Need to Review Equity Compensation Arrangements ASAP
"If a company is public or is going public, it needs to review its equity compensation arrangements now. These companies need to determine whether they need to amend these arrangements or take other actions to eliminate or reduce potential negative tax impact." (Porter Wright Morris & Arthur LLP)

More Reasons that Shareholder Say on Pay is Still Critical for the 2012 Proxy Season
"[Five more reasons (in addition to avoiding a lawsuit . . .)] why preparing for SSOP is just as critical in 2012 as it was it 2011 and, despite the fact that the vast majority of companies received a significant majority vote 'For' their Shareholder Say on Pay (SSOP) resolutions in 2011, we need to again focus on SSOP for the 2012 proxy season." (Michael S. Melbinger via Winston & Strawn LLP)

PwC Stock Compensation 2011 Assumption and Disclosure Survey
"This survey presents our analysis of the 2010 year-end assumptions and disclosures for mature and high tech companies." (PricewaterhouseCoopers LLP)

Employee Ownership Update for September 15, 2011
NCEO Executive Director Loren Rodgers discusses the NCEO's new Equity Compensation Report, the first ESOP in the legal recruiting and staffing field, BNA's acquisition by Bloomberg, discounted CEP registrations, E*Trade's private company forum, and a cover story on employee-owned Austin Industrial. (National Center for Employee Ownership)

Press Releases

October is National Work and Family Month; Are Employees Penalized for Balancing Work and Family?
(WorldatWork)

Putnam Investments to Dramatically Strengthen Companies’ Awareness of Employees’ Readiness for Retirement
(Putnam Investments)

The ESOP Association Submits Statement to Finance Committee on Tax Reform and Retirement Security
(ESOP Association)

Transamerica Retirement Launches Savings Education Tool
(Transamerica Retirement Services)

Kansas City Employers Saved $11 Million in Health Care Costs by Focusing on Prevention and Improving Health
(National Business Coalition on Health)

ASPPA Testifies in Defense of 401(k) System
(American Society of Pension Professionals & Actuaries (ASPPA))

ADP Acquires Asparity Decision Solutions, a Leading Provider of Employee Benefits Management Decision Support Tools and Data Solutions
(ADP)

New Report Highlights Lessons For Negotiating Public Pension Plan Reforms
(Center for State and Local Government Excellence)

Vanguard to Provide 401(k) Plans to Small Companies
(Vanguard)

MandMarblestone Launches Roth-it-Sharing Tax Program
(MandMarblestone Group LLC)

Mestel & Company and Hire Counsel Become the First Employee-Owned Companies in the Legal Placement and Staffing Industry
(Mestel & Company)



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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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