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BenefitsLink Retirement Plans Newsletter
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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.)
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[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)
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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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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)
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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.)
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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)
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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)
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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)
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Benefits in General; Executive Compensation
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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)
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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)
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Press Releases
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Lois Baker, J.D., President
Holly Horton, Business Manager
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