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BenefitsLink Retirement Plans Newsletter

October 17, 2011 Get Health & Welfare News  |  Advertise  |  Unsubscribe  |  Past Issues  |  Search

Employee Benefits Jobs

Actuarial Analyst
for Milliman in TX

Retirement Plan Specialist
for Growing Financial Services and Consulting Firm in NC

Conversion Project Manager
for EPIC Advisors, Inc in NY

Sr. Retirement DC Plan Administrator
for Growth Oriented TPA Firm in CA

Client Services Specialist
for EPIC Advisors, Inc in NY

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Webcasts and Conferences

"ERISA Workshop 2011" - Des Moines
in Iowa on November 17, 2011 presented by SunGard Relius

"ERISA Workshop 2011" - Minneapolis
in Minnesota on November 16, 2011 presented by SunGard Relius

"ERISA Workshop 2011" - San Francisco
in California on November 17, 2011 presented by SunGard Relius

"ERISA Workshop 2011" - Seattle
in Washington on November 16, 2011 presented by SunGard Relius

401(k) Rekon Advisor Symposium- St. Louis
in Missouri on November 15, 2011 presented by 401(k) Rekon


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[Guidance Overview]
What's Important for Plan Sponsors in IRS Hybrid Plan Notice 2011–85
"IRS Notice 2011–85 announces the relief and postponed effective date for several items related to hybrid pension plans (e.g., cash balance and PEP plans). The notice is pretty technical (of course), but the IRS also published a nice summary of what's affected by the relief." (Van Iwaarden Associates)


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[Guidance Overview]
Court Rejects Claim of Insufficient Notice in Withdrawal Liability Case
"Under the Multiemployer Pension Plan Amendments Act (MPPAA), an 'estimate' of withdrawal liability, accompanied by a payment schedule and demand for payment, triggered an employer's obligation to pay. It also triggered the running of the 90-day deadline for seeking review of the liability or challenging the sufficiency of notice, and the subsequent 60-day time limit for initiating arbitration." (Ogletree, Deakins, Nash, Smoak & Stewart, P.C.)

[Guidance Overview]
Retirement Plan Fee Disclosure Rules Might Affect Governmental Plans in Practice
"The new fee disclosure requirements do not extend to plans that are ERISA exempt, such as governmental plans. Although plan sponsors make the final determination as to whether to comply with ERISA, service providers, for consistency, will often apply an ERISA rule to its whole customer base, including non-ERISA plans." (NAGDCA)

[Guidance Overview]
IRS Revision of Procedures for Obtaining Opinion and Advisory Letters on Pre-Approved Defined Contribution Plans
"In addition to releasing the revenue procedure, the IRS has updated its webpage for pre-approved plans and announced revisions to the Listing of Required Modifications (LRMs) for M&P plans . . . ." (Thomson Reuters/EBIA)


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California State Pension Plan to Let In Employees in Private Sector?
"[The plan has been described] as a pooling of individual accounts with tight rules on preretirement withdrawals that could, after 40 years of contributions and combined with Social Security, be worth a yearly sum that amounts to 56 percent of a worker's final earnings. That worker would retire at 65." (San Francisco Chronicle)

Rhode Island Proposal Would Mix Pensions with 401(k) Plans
"[T]he plan, if passed, would raise retirement ages for most public workers; temporarily halt annual cost-of-living pension increases for retirees; and base future COLA increases on pension investment gains." (Bloomberg L.P.)

Rhode Island Treasurer, Governor at Odds Over Pension Reform Bill's Details
"[The treasurer] publicly voiced frustration with [the governor's] insistence that the bill include a solvency plan — and potential benefit cuts — for retirees in the 36 locally administered pension systems that are outside the state's control, and in some cases, seriously under-funded." (The Providence Journal Co.)

Bill Would Remove Penalty for Tapping 401(k) to Avoid Foreclosure
"The proposed legislation would amend the tax code to allow homeowners who have 401(k) retirement plans to pull out money to save their houses from foreclosure without the usual tax penalties." (Los Angeles Times)

Alabama Legislature Bill to Examine Cutting Pension Benefits for New Hires
"Top-ranking state lawmakers said they want the Legislature early next year to debate plans to reduce pension benefits for newly hired teachers and other public employees, plans that could save the state billions of dollars in coming decades." (Alabama Live LLC)

How Did Recession of 2007–2009 Affect Wealth and Retirement of Near Retirement Age Population in Health and Retirement Study?
"Very few in the population nearing retirement age have experienced multiple adverse events. Although most of the loss in wealth is due to a fall in the net value of housing, because very few in this cohort have found their housing wealth under water, and housing is the one asset this cohort is not likely to cash in for another decade or two, there is time for their losses in housing wealth to recover." (University of Michigan Retirement Research Center)

Reaching Financial Goal Not Main Driver of Decision to Retire
"According to a press release, 16% of those 55 to 64 consider themselves 'Pre-Retirees,' primary household breadwinners within five years of retirement. The Pre-Retiree lifestage group is comprised of diverse age groups. Slightly more than half of Pre-Retirees are 55 to 64." (PLANSPONSOR.COM)

Colorado Public Employees' Retirement Association Pushes Back on Member Disclosure
"PERA's claim asks the Denver District Court to provide guidance on the circumstances under which PERA can lawfully disclose confidential member information to its Trustees. The filing comes in response to a suit by Colorado State Treasurer and PERA Trustee Walker Stapleton pressing for the disclosure . . . ." (planadviser; free registration required)

Wisconsin Governor Broke Campaign Pension Promise
"Wisconsin Gov. Scott Walker, who forced public workers to pay more for their pensions as part of a push to curb union rights, broke his campaign promise to pay the full cost of his state pension immediately after taking office in January." (CBS Local Media)

[Opinion]
Discussion: Why Aren't We Talking about Increasing Social Security Benefits?
"Since Social Security does not contribute to the deficit, and is actually running an impressive $2.6 tril.lion surplus, there is no need to panic about the program's projected long-term revenue shortfall." (National Academy of Social Insurance)

Benefits in General; Executive Compensation

[Guidance Overview]
One-Person Individually-Negotiated Employment Agreement Not Severance Plan Subject to ERISA Preemption
"[I]f the employee's demands were simply for payment of amounts that were pegged to what would have been paid under the ERISA plans, the state law remedies would not be preempted. The case was sent back to the district court for further proceeding in accordance with the Court's decision." (Deloitte via BenefitsLink.com)

Significant New Developments for Benefit Plan Fiduciaries (PDF)
"Because most benefit plans are structured as 'calendar-year plans', fall is traditionally the busiest season for plan fiduciaries who must deal with issues relating to annual enrollment (typically held in the fall) and comply with various year-end plan filing and employee notification requirements (such as annual notices dealing with automatic enrollment or default investment options)." (Orrick, Herrington & Sutcliffe LLP)

Legal and Practical Considerations for ESOP Fiduciary Liability Insurance
Individuals serving as trustees or other fiduciaries of an ESOP face enormous personal exposure under ERISA for breach of fiduciary duty. Indemnification may not be possible or practical, but commercial liability insurance continues to be a viable supplement or alternative to indemnification for transferring fiduciary risk away from the fiduciaries. This issue brief discusses the legal issues involved, plus practical tips for buying fiduciary insurance. (National Center for Employee Ownership)

Press Releases



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