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BenefitsLink Retirement Plans Newsletter

October 6, 2011 Get Health & Welfare News  |  Advertise  |  Unsubscribe  |  Past Issues  |  Search

Employee Benefits Jobs

Pension Consultants/Administrators
for Northern NJ Mid-Size Pension Consulting Firm in NJ

Marketing Communications Manager
for Nolan Financial in DC, MD

Retirement Plan Consultant
for Retirement Strategies, LLC in WI

VP, Product Sales
for Prudential in CT

Account Manager
for Cammack LaRhette Consulting in NY

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Webcasts and Conferences

"Advanced Plan Design Workshop" - Atlanta
in Georgia on November 8, 2011 presented by SunGard Relius

"ERISA Workshop 2011" - Atlanta
in Georgia on November 9, 2011 presented by SunGard Relius

"ERISA Workshop 2011" - Kansas City
in Kansas on November 10, 2011 presented by SunGard Relius

"ERISA Workshop 2011" presented by SunGard's Relius Education - In 22 Cities Nationwide
Nationwide on October 19, 2011 presented by SunGard Relius

Appeals and External Review for Self-Funded Health Plans: Where the Rules Stand Now
Nationwide on September 28, 2011 presented by Thomson Reuters / EBIA

Best Practices After Cigna v. Amara for Plan Documents
Nationwide on November 17, 2011 presented by ABA Joint Committee on Employee Benefits

Retirement Plan Compliance Issues in a Down Economy
in California on October 18, 2011 presented by Western Pension & Benefits Conference - San Diego Chapter


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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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[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)

[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)

[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)


MassMutual’s Award-Winning ERISA Advisory Services   [Advert.]

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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)

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)

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)

401(k) Fee Transparency Rules Require Employers To Ask Hard Questions
"The [DOL] noticed that the majority of 401(k) plan sponsors are in the dark regarding the fees they're paying. To add insult to injury, most are under the impression that their plan is free." (Employee Benefit Adviser; free registration required)

State Senator Pushes to Subpoena Florida Pension Fund Instead of Paying $11k for Public Records
"Sen. Mike Fasano, R-New Port Richey, is seeking public records about the State Board of Administration's research leading to its investment this year in Starboard Value and Opportunity, a hedge fund spin-off of Ramius LLC. Ramius' president is a former client of SBA executive director Ash Williams." (The Palm Beach Post)

Extra Payments for Uniforms, Night Shifts and More Count Toward San Diego County Pensions
"San Diego County paid its employees more than $100 mil.lion in the past four years for special benefits such as car and uniform allowances—and most of the add-ons count toward their retirement." (The San Diego Union-Tribune, LLC)

RI High Court Is Asked to Overturn Ruling That Public Employees Have Contractual Right to Pension Benefits
"In her Sept. 13 ruling, [the judge] noted that her finding was just one step in a contract analysis that would also have to evaluate whether an important public purpose was served when state lawmakers cut pension benefits in 2009 and 2010 to save money in the face of spiraling costs." (The Providence Journal Co.)

PSCA Releases Results of 54th Annual Survey of Profit Sharing and 401(k) Plans
"The survey provides up-to-date information on current practices and trends in profit sharing and 401(k) plans. It includes data on the 2010 plan-year experience of 820 companies with 10.5 mil.lion participants and $691 bil.lion in plan assets." (PLANSPONSOR.COM)

DOL Claims Nearly $2M Withdrawn Illegally from Retirement Plan
"The complaint alleges that [the company president] depleted the assets of the plan through a series of withdrawals and transfers to himself and the company from Dec. 4, 2006, through Nov. 3, 2010, in violation of [ERISA]." (PLANSPONSOR.COM)

IRS Updates Procedure for Opinion and Advisory Letters
"The [IRS released Revenue Procedure 2011–49] on new requirements for sponsors of pre-approved plans seeking opinion and advisory letters that the plans' form is acceptable." (PLANSPONSOR.COM)

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)

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.)

[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)

[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.)

Benefits in General; Executive Compensation

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)

[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)

Press Releases



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Holly Horton, Business Manager

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