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November 29, 2011 Get Health & Welfare News  |  Advertise  |  Unsubscribe  |  Past Issues  |  Search

Employee Benefits Jobs

Senior Actuarial Analyst
for Diversified in MA

Director, Actuarial - Financial Modeling, Annuities
for Prudential in NJ

VP, Service Delivery-Defined Benefits/Pension
for ACS, A Xerox Company in NJ, NY, PA

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Webcasts and Conferences

Corporate Benefits Summit
in Nevada on January 23, 2012 presented by marcus evans

Form 5500 Reporting Update
Nationwide on December 12, 2011 presented by Lorman Education Services

Participant Disclosure Webcast
Nationwide on December 6, 2011 presented by McKay Hochman Co., Inc.

Same-Gender Marriage Rulings: Impacts on Employee Benefit Plans Across the Nation
Nationwide on December 19, 2011 presented by Lorman Education Services

SunGard's Advanced Pension Conference - Orlando 2012
in Florida on February 15, 2012 presented by SunGard Relius

SunGard's Just for ERPAs Workshop
in Florida on February 14, 2012 presented by SunGard Relius


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[Official Guidance]
PBGC Maximum Insurance Benefit Increases for 2012
"The . . . yearly maximum benefit a 65-year-old retiree can receive has increased to almost $56,000 from $54,000 in effect since 2009. . . . Yearly amounts are higher for people older than age 65, and lower for those who retire earlier or choose survivor benefits (see chart [on target web page])." (Pension Benefit Guaranty Corporation)


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Documents, SPDs, Amendments, Administrative Forms
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[Official Guidance]
Handout for Upcoming IRS Presentation on Self Correction Program and Closing Agreement Program, November 30, 2011 (PDF)
"The presentation will cover such topics as: (1) Current EPCRS issues found in SCP and CAP cases; (2) Procedures and requirements for participating in an EPCRS case with the Service; and (3) How CAP sanctions are determined and negotiated. Attendees are encouraged to submit questions in advance to ep.phoneforum@irs.gov on or before November 23, 2011." Registration is required: view registration info. (U.S. Internal Revenue Service)

[Official Guidance]
Text of EBSA Advisory Opinion 2011-09A Concerning Applicability of Prohibited Transaction Exemption 80-26 to Certain Transactions Involving IRAs
"[The EBSA responds on w]hether PTE 80-26 provides relief for an indemnification agreement between an IRA owner and a broker where such agreement is required in order for the IRA to engage in futures trading." (U.S. Employee Benefits Security Administration)

[Guidance Overview]
Plan Administrator Not Liable for Fiduciary's Diversion of Assets
"The [District Court] ruled a profit sharing plan administrator is not liable for the unlawful diversion of plan assets by the fiduciary overseeing the plan's management." (PLANSPONSOR.COM)

[Guidance Overview]
2012 Regulatory Limits: Poster and Compliance Calendar
"[The poster] is a convenient way to remind you of important regulatory limits and dates for retirement plans. Note that there are increases in regulatory limits for 2012. [The calendar] lists recurring compliance and notice requirements for qualified defined contribution plans." (The Vanguard Group, Inc.)


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[Guidance Overview]
Another Circuit Court Adopts Presumption of Prudence for Investments in Employer Stock
"These two appeals were decided by a panel of three judges, one of whom mounted a vigorous dissent, finding the 'underpinnings of the Moench presumption to be fundamentally unsound.' The dissenting judge argued that public policy does not warrant a deferential standard of review for investment decisions made with respect to employer stock." (Thomson Reuters/EBIA)

DOL Sues Defunct Company for Failing to Terminate 401(k)
"[Worldwide Trade Resources Inc.] is being sued for 'for failing to administer and terminate the defunct company's 401(k) plan, in violation of [ERISA],' the lawsuit says. The suit alleges that WTR ceased operations on or around October 2010, and did not distribute any of participants' 401(k) accounts." (PLANSPONSOR.COM)

Higher Ed Employees Not Preparing Well for Retirement
"Fidelity's Education Generational Survey found nearly half (49%) of the higher education workers surveyed describe themselves as 'conservative' investors when it comes to retirement, regardless of age." (PLANSPONSOR.COM)

Workers Financially Unprepared for Retirement at Crisis Level, According to Survey
"A new small business survey by Nationwide Financial finds that 75% of small businesses agree that so many Americans are financially unprepared for retirement that it has reached crisis levels. However, only one in five of these businesses offer their employees a 401(k) or other employee self-funded retirement plan." (Employee Benefit News)

The Five Big Lies of Retirement Planning
"[O]ften what passes for wisdom amounts to little more than wishful thinking. So take off those rose-colored glasses! Recognize the five big lies of retirement planning — and make sure they don't undermine your own retirement." (Charles Schwab & Co., Inc.)

Harnessing the Anything-Goes IRA
"According to the SEC, self-directed IRAs hold about $94 bil.lion, or 2% of the assets in all IRAs. Neither regulators nor the Retirement Industry Trust Association, which represents administrators of self-directed IRAs, could say whether the amount in these accounts has grown in recent years." (The Wall Street Journal)

[Opinion]
Nine of Ten 401k Plans Exposed to Increased Conflict-of-Interest Risk, According to Study
"[H]ere's the biggest problem with this survey: the 'all-in' fee. The study's fee analysis is predicated on an aggregation of all fees. It does not break out its analysis by service provider category (unlike the 401k Averages Book), which might have been more helpful to plan sponsors." (Fiduciary News)

Benefits in General; Executive Compensation

[Guidance Overview]
Favorable IRS Ruling on Tax Deductions for Bonus Pool Arrangements
"Many employers in the financial services industry and elsewhere create bonus pools for high-performing employees. However, the allocation of the individual bonuses is often not known prior to the end of the taxable year to which the bonus relates. The amount may not be known because, under the bonus plan, an employee has to be employed on the payment date or because the plan may give some discretion about making individual allocations." (McGuireWoods LLP)

[Guidance Overview]
New Jersey Mandates Employers 'Conspicuously Post' Notice of Obligation to Maintain Records on Wages, Benefits and Taxes
"Employers who fail to comply with these regulations could be found guilty of a disorderly persons offense and be subject to financial penalties anywhere between $100 and $1,000. In addition, the law prohibits employers from discharging or otherwise retaliating against any employee who complains or inquires about possible violations of any state wage, benefit, or tax law or institutes any action related to any such law." (Pepper Hamilton LLP)

IRS May Propose New Section 457(f) Vesting, Other Rules in Mid-2012
"No firm deadline exists, but an IRS attorney's recent statements indicate that the agency's current goal is to publish proposals by June 30, 2012." (Mercer LLC)

Are Tribal Benefit Plans 'Governmental'? Comments on Proposed IRS Standards
"Sovereignty is the overriding issue. There is nothing 'wrong' with Tribes maintaining a single plan that covers both commercial and governmental employees. It is just that the entire plan is then subject to all tax and ERISA requirements, respecting the 'governmental' employees as well as the 'commercial' employees. Balancing impact on Tribal sovereignty against the costs of complying with the proposed regulation will be the ultimate decision for Tribal leadership." (SNR Denton)

Five Most Unusual Benefits and Perks
"Ingenuity in business is all about separating from the pack. View some of the more unique ways companies stand out when attracting and retaining top talent." (Employee Benefit News)

Press Releases



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