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BenefitsLink Retirement Plans Newsletter
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[Official Guidance]
Text of Rev. Proc. 2011–49: Opinion and Advisory Letters for Pre-Approved Retirement Plan Documents (PDF)
Modifies and supersedes Rev. Proc. 2005–16. For master & prototype plans, the effect of employer amendments on pre-approved plan status is clarified; opinion letters will now be issued for multiple employer plans; and more. For volume submitter plans, the procedures are revised to clarify when separate specimen plans and applications are required for different categories of plans and to specify that a governmental plan is one of the categories of plans that requires a separate specimen plan; and more. For both kinds of pre-approved plans, the list of areas not covered by letters is expanded to include hybrid plans, plans with section 401(h) accounts, and plans under section 414(x); the procedures clarify the types of employer modifications and amendments to a plan that will not cause a plan to fail to be identical to an approved M&P or VS plan; and more.
(U.S. Internal Revenue Service)
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Executive Compensation National Institute, New York, NY [Advert.]

For those who address issues related to compensating senior corporate personnel, hear from compensation experts and discover their successful methods and strategies. Receive immediate feedback to your questions and network with government officials.
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[Guidance Overview]
New IRS Church Plan Guidance Should Influence Participant Disclosures
"The notice, for which the IRS has provided a model, is intended to let employees know that their employer is seeking a church plan ruling for its identified plans and explain the consequences to them (as plan participants) of such a ruling."
(Verrill Dana, LLP)
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[Guidance Overview]
Service Provider Disclosures: The Impact on Plan Sponsors (PDF)
"[The new DOL regulation] requires plan service providers to make disclosures—about their services, compensation and fiduciary status—to their clients (the responsible plan fiduciary) by April 1 of next year. As a result, starting next spring, plan sponsors will face heightened expectations and legal responsibilities."
(Drinker Biddle & Reath LLP)
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[Guidance Overview]
Ex-Lehman Directors Win Ruling over Retirement Plan
"The plaintiffs had argued that defendants, which also included committee members of the retirement plan, knew about Lehman's deteriorating financial condition but still kept the plan invested in Lehman stock."
(Reuters)
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MassMutual’s Award-Winning ERISA Advisory Services [Advert.]

MassMutual’s ERISA Advisory Services can help plan fiduciaries and other professionals by providing up-to-date information and easy-to-use tools that help simplify the process of maintaining the compliance health of your retirement plan.
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[Guidance Overview]
IRS Revision of Form 5300 Application for Determination
"The new Form 5300 requires the plan sponsor to specify the number of amendments included with the request, the date the amendments were signed and the date they became effective."
(Deloitte via BenefitsLink.com)
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Federal Pension Contribution Levels Rise
"For most federal employees, the amount agencies contribute to their pensions under the Federal Employees Retirement System rose from 11.7 percent to 11.9 percent at the start of fiscal 2012."
(Government Executive)
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Retirement Plans Becoming an Important Tool Among Small Employers
"According to the Bank of America Merrill Lynch Workplace Benefits Report released in June, 66% of small business owners now say retirement benefits are important to attracting new talent, and 58% say they are important to driving loyalty."
(Employee Benefit News)
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BNY Mellon Being Investigated by Law Firm for Possible Violations of ERISA
"Specifically, [the firm] says it is investigating whether certain fiduciaries of the Bank of New York Mellon Corporation 401(k) Savings Plan . . . may have breached their fiduciary duties under ERISA to the Plan and its participants and beneficiaries by continuing to invest the Plan's assets in BNY common stock when it was no longer prudent to do so."
(PLANSPONSOR.COM)
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Many Companies Unaware of Recent Changes That Make Defined Benefit Plans More Attractive
"A paper this past spring asked, 'Is It Time to Reconsider Cash Balance Plans?' It said new IRS rules mitigate the risk for companies by allowing account values to increase only year by year. 'Essentially, cash balance plans act like stable-value funds, providing a dependable floor of protection.' They can save as much as 2% of payroll each year. While there is no guarantee, it may be a risk worth taking."
(Charter Financial Publishing Network Inc.)
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[Opinion]
Your 401(k) Plan's Online Report Card: What To Do about It
"Since 2009, a company called Brightscope has been compiling data on plan assets from retirement plan tax returns (Form 5500s) and providing on-line 'scores' on plan investment performance, as measured against industry peers."
(E is for ERISA)
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[Opinion]
One Man's Pension Tells Why RI System Ticking Bomb
"[The case gives] a glimpse into why the City of Providence and the state face billions in unfunded pension liabilities. The glimpse was the size of the pension. The rules allow Farrell retirement payments of 70 percent of his salary. Farrell felt this was't enough, so he went for the disability pension, which is slightly lower at 66 percent but worth more because it's tax-free."
(The Providence Journal Co.)
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Benefits in General; Executive Compensation
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Open Benefit Plan Enrollment Concerns
"To prepare for the open enrollment period, sit down and develop a plan. The plan should include the dates for the enrollment period, what resources are at your disposal and how to allocate them. Work with your service providers to see what types of resources they have to assist you."
(Constangy, Brooks & Smith, LLP)
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[Opinion]
Say on Pay in 2011, and What To Expect for 2012
"Between January 1 and July 1, 2011, 37 companies' compensation of their top executives fell short of majority support. Another 37 companies garnered significant though less than majority opposition, with 'against' votes of 40 percent to 50 percent."
(Harvard Business School Publishing)
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Press Releases
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Jeanette Hull, News Editor
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Lois Baker, J.D., President
Holly Horton, Business Manager
Copyright © 2011 BenefitsLink.com, Inc. All rights reserved.
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