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October 20, 2011 Get Health & Welfare News  |  Advertise  |  Unsubscribe  |  Past Issues  |  Search

Employee Benefits Jobs

Admin / Sales Assistant
for PenSys, Inc. in NC

Sales Specialist
for Northwestern Benefit Corporation of Georgia in GA

Defined Benefit - Client Service Manager
for JP Morgan in IL

Chief Operating Officer
for San Diego TPA in CA

Internal Wholesaler - Retirement Services
for MassMutual Financial Group in TN

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Webcasts and Conferences

US Department of Labor’s ERISA Advisory Council to Hold Public Meeting
in District of Columbia on November 8, 2011 presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)


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[Official Guidance]
Inflation-Adjusted 2012 Limits on Plan Contributions, Benefits, Other Retirement Plan Provisions
Highlights: 402(g) deferral limit goes up to $17,000 (catch-up contributions are unchanged at $5,500); 401(a)(17) compensation limit goes up to $250,000; 415 annual addition limit goes up to $50,000; 414(q) HCE limit goes up to $115,000; Social Security taxable wage base goes up to $110,100. (U.S. Internal Revenue Service)


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[Official Guidance]
Text of IRS Notice 2011–86: Eligibility for Exemption from User Fee Requirement for Employee Plans Determination Letter Applications Filed After January 31, 2011 (PDF)
"This notice amplifies Notice 2002–1, 2002–1 C.B. 283, by explaining how to determine, for purposes of eligibility for exemption from the user fee requirement, if such an application has been filed within a remedial amendment period with respect to the plan beginning within the plan's first five plan years. . . . [It will be so treated if] (1) the application is filed with the Service by the last day of the submission period for the plan's current remedial amendment cycle, and (2) the plan is first in existence no earlier than January 1 of the tenth calendar year immediately preceding the year in which the submission period for the plan's current remedial amendment cycle begins." (U.S. Internal Revenue Service)

[Guidance Overview]
Another Question is Answered in the 401(k) Plans Q&A Column
What are the 2012 IRS and Social Security limits that affect 401(k) plans? (BenefitsLink.com)

[Guidance Overview]
IRS Changes and Clarifies Rules for Pre-approved Plans
"Because of the late issuance of the new guidance, the IRS extended to January 31 the deadline for mass submitters . . . to submit their plans. Previously, the deadline was October 31, 2011. The primary purpose of the revised Rev. Proc. was to resolve and clarify issues that arose under the Rev. Proc.'s predecessor." (SunGard Relius)

[Guidance Overview]
A Guide to the New Participant Investment Disclosure Rules (PDF)
"This paper is not intended to give a legal opinion or substitute for personalized advice from your advisor. Our goal is to raise your awareness of your responsibility as a plan sponsor, and help you understand how these new regulations might affect both plan sponsors and participants." (Conrad Siegel Actuaries)


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[Guidance Overview]
IRS's New Form 5300 and Instructions
"[Application for Determination for Employee Benefit Plan] requests the IRS to determine whether the documentation of an individually designed retirement plan meets tax qualification standards under Section 401(a) of the Internal Revenue Code." (McDermott Will & Emery)

[Guidance Overview]
IRS Update of Procedures for Requesting Opinion and Advisory Letters for M&P and VS plans
"The updated procedures are effective October 31, 2011." (Wolters Kluwer Law & Business / CCH)

[Guidance Overview]
Second Circuit Decisions Favor Fiduciaries in 401(k) Company Stock Cases
"The dissent's argument that the 'Moench' standard represents an 'alarming dilution of [ERISA] . . . and a windfall for fiduciaries' may suggest that its opponents (includi[ng] the DOL) may try to fight another day, including before the Supreme Court, but for now, the Second Circuit's ruling raises the bar for class action attorneys bringing 401(k) employer stock cases." (Dorsey & Whitney LLP)

[Guidance Overview]
2nd Circuit Affirms Dismissal of Citigroup Stock Drop Charges
"The [court] has found that Citigroup fiduciaries did not abuse their discretion in continuing to offer company stock as an investment in two of its employee retirement plans." (PLANSPONSOR.COM)

[Guidance Overview]
IRS Postponement of Effective Date for Cash Balance Plan Interest Crediting Rules
"This relief was intended to assist administrators of hybrid retirement plans to comply with the Section 204(h) Notice timing requirements for plan amendments that modified the interest crediting rate pursuant to the PPA." (Proskauer Rose LLP)

IRS Examinations Are Adversely Affected by Information Dropped from Electronic Form 5500 Filings, According to Report
"[The IRS]'s Employee Plans unit asked the Treasury Inspector General for Tax Administration (TIGTA) to review whether the ability of the Employee Plans division to achieve its tax administration responsibilities has been affected by the reduction in information gathered from employer-sponsored retirement plan annual filings. TIGTA issued its final report, The Employee Plans Function Should Continue Its Efforts to Obtain Needed Retirement Plan Information, a few weeks ago." (Verrill Dana, LLP)

The Value of Tax Deferral
"The key is that in a taxable account, you lose some of the power of compound interest every time you're taxed on your contributions and investment earnings." (Van Iwaarden Associates)

SPARK Institute Data Layouts for Retirement Income Solutions, October 20, 2011 (PDF)
"The Data Layouts for Retirement Income Solutions . . . were developed by The SPARK Institute in order to facilitate uniform expectations among retirement income product providers and record keepers who decide to offer these products and solutions in employer sponsored retirement plans." (The SPARK Institute)

An Efficiency Comparison of DB Pension Plans and DC Retirement Savings Plans (PDF)
"Because of . . . three factors, we find that a DB pension plan can offer the same retirement benefit at a steep discount to a DC retirement savings plan. Specifically, our analysis indicates that for workers in the five New York City DB plans that were studied, the cost to deliver the same level of retirement income ranges from 36 percent to 38 percent lower than the cost of a DC plan." (New York City Comptroller's Office, Budget & Policy Bureau)

Federal Retirees Will See COLA Boost in 2012
"Federal employees under the Civil Service Retirement System as well as Social Security recipients will receive the full 3.6 percent COLA increase. Those in the Federal Employees Retirement System will receive a 2.6 percent bump in 2012." (Government Executive)

A Look at Defined Contribution Match Reinstatements
"As the economy began picking up a little steam and company balance sheets stabilized, employers began reinstating their matching contributions -- usually at the same level, but sometimes higher or lower than the original match." (Towers Watson)

IRS Updates List of Required Modifications for 401(k) and Other DC Plans
"The sample plan provisions include new text on eligible automatic contribution arrangements, in-plan Roth conversions and 'gap period' earnings, among other items." (Mercer LLC)

10X Income Touted for Retirement Savings' Number
"People should aim to retire with a savings baseline of at least 10 times their annual income, according to Lincoln Financial Group." (TheStreet, Inc.)

Both Citigroup and McGraw-Hill Win Appeals in Retirement Plan Suits
"The Citigroup suit was filed on behalf of 150,000 employees covered by two retirement plans. The plaintiffs in the McGraw- Hill case participated in one of two defined-contribution plans offered by the company." (Bloomberg L.P.)

Bankrup.tcy Judge Close to Decision in Tribune Co. Case
"Both [the IRS and the DOL have] claimed that the company violated [ERISA] when an employee stock ownership plan purchased company stock as part of Chicago billionaire Sam Zell's complex 2007 buyout of Tribune Co." (Chicago Tribune)

SSA Announces First COLA Since 2009 and New Taxable Wage Base
"[T]he Administration announced that based on the increase in average wages, the maximum amount of earnings subject to the Social Security tax (taxable maximum) will increase to $110,100 from $106,800." (PLANSPONSOR.COM)

2011 Mercer Workplace Survey: Executive Summary for Employers
"Hard times are usually hard on retirement savings. Breaking this longstanding pattern, participants this year are putting aside their recessionary anxiety, which is real, and recommitting themselves to saving for retirement. They are both more concerned about job security than ever and are planning to increase the total amount they contribute to their retirement plan in the coming 12 months." (Mercer LLC)

House Plans New Hearing on Delphi Pension Plans
"The House Oversight and Government Reform Committee plans to hold a new hearing on the plight of thousands of Delphi salaried retirees who lost up to two-thirds of the value of their pension plans. The hearing will be held Nov. 14 in Dayton, Ohio, where many of the salaried retirees live . . . ." (The Detroit News)

Rhode Island Pension Reform Plan Kills COLAs for 19 Years
"The plan will reduce the state's unfunded pension liability by more than $3 bil.lion right away and would put the pension system on track to being almost fully funded by 2042." (GoLocalProv)

Obama Pitches Idea of Lowering Social Security Payroll Tax Rate to 3.1 Percent
"For 2012, Obama wants to cut the tax, normally 6.2 percent on both the employer and the employee, to 3.1 percent. The tax cut for businesses would apply on the first $5 mil.lion in wages paid. The proposal builds on the 2 percentage point payroll tax reduction that is in effect for 2011." (msnbc.com)

[Opinion]
American Benefits Council Talking Points: 20/20 Cap on Retirement Savings Would Undermine Retirement Security (PDF)
"This proposal should be rejected. The serious harm to retirement security that would result from this tax increase greatly exceeds any benefits from short-term deficit reduction, which are largely illusory." (American Benefits Council)

[Opinion]
Change Alabama's Pension Plan for New State Hires
"The basic problem is that currently employees can retire and start to receive pension benefits at any age, as long as they have 25 years of service. That needs to be changed." (www.montgomeryadvertiser.com)

Benefits in General; Executive Compensation

[Official Guidance]
Text of EBSA Notice of 159th Meeting of Advisory Council on Employee Welfare and Pension Benefit Plans (PDF)
The open meeting of the Council, also known as the ERISA Advisory Council, will be held on November 8–9, 2011. (U.S. Employee Benefits Security Administration)

Bad Health and Pension News for SAG Members
"The Screen Actors Guild's Pension and Health Plans just informed members that minimum earnings to qualify for health coverage are increasing 2% effective January 1, 2012." (PMC)

Time and Education Tools Important to Employees during Open Enrollment
"The research shows that 97% of employees who had three-plus weeks to review their benefits education materials said it was enough time—but just 50% of respondents were given that much time. Those who had three or more weeks to enroll were more likely to rate their benefits and their benefits education as excellent or very good, compared to those with less than three weeks to enroll." (PLANSPONSOR.COM)

Press Releases

IRS Announces Pension Plan Limitations for 2012
(Internal Revenue Service (IRS))

IRS Begins PTIN Renewals for 2012 Filing Season
(Internal Revenue Service (IRS))

Heightened Awareness of Benefits Plays a Pivotal Role Within Employee Experience
(Mercer)

Workplace Wellness Program Saves Regence $9.2 Million
(Regence)

New York City Pensions Provide Retirement Income At Less Than Forty Percent Of The Cost Of Individual Accounts
(National Institute on Retirement Security)

Employers Plan for Lean 2012 Pay Increases, According to Buck Consultants
(Buck Consultants, A Xerox Company)

Practical Law Company Launches 'Employee Benefits & Executive Compensation' Service and Announces Panel of Legal Industry Leaders to Advisory Board
(Practical Law Company)

Planning Tool Helps Midsize, Large Employers Prep for Health Coverage Decisions
(Center for Healthcare Research & Transformation (CHRT))



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David Rhett Baker, J.D., Editor and Publisher
Lois Baker, J.D., President
Holly Horton, Business Manager

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