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BenefitsLink Retirement Plans Newsletter
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[Guidance Overview]
DC Plan Sponsor Must Pay Back Assets Wrongly Transferred to Ex-Spouse
"The court noted if it were true that, once credited to a particular participant's account, plan funds become 'benefits' whose alienation and assignment is prohibited by ERISA, then the plan administrator would be prohibited from debiting participants' accounts even to cover expenses that ERISA and the plan specifically contemplate they will bear."
(PLANSPONSOR.COM)
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Federal Pension Payment Delays Get Much Worse
"The Office of Personnel Management's backlog of pending retirement claims has grown 58 percent since Director John Berry pledged more than a year ago to pay retirees their full pensions more quickly."
(Gannett Government Media Corporation)
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Holidays Good Time to Review Your Gift Policy Regarding Fiduciaries
"When considering whether or not to accept a gift, a fiduciary should always ask his or herself whether they believe it will impair their ability to carry out their duties objectively. Of course, the policy could be that no gifts of any type or amount can be accepted, period; although this simplifies things, it may not be practical."
(fi360 Blog)
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Coming Mandatory Disclosure of 401(k) Plan Fees Could Give Participants a Nasty Shock
"Possible repercussions range from a tattered reputation to class-action litigation against fiduciaries. At least 30 lawsuits have been brought since 2006 on behalf of plan participants alleging that fiduciaries imprudently allowed plan service providers to receive excessive investment-management and administrative fees, according to the Bureau of National Affairs."
(cfo.com)
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Employers Must Understand the Status of Their Retirement Plan Documents
"Whether or not an employer should obtain an individual determination letter should be carefully considered based on the size of the employer, number of participants in a plan, the length of time the plan has been in existence, intentions to sell a company, possible plan mergers and past administrative practices."
(Employee Benefit News)
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Discussion on Proliferation of Hybrid Annuity Products and Features
"Hybrid benefits can also be found in the [fixed index annuity] space, where [a company] offers a combined death benefit/living benefit guarantee via its Enhanced Guaranteed Income and Family Wealth Transfer Benefit . . . rider. Available on several of the company's fixed index annuities, this optional feature combines guaranteed lifetime withdrawals with an enhanced death benefit for one charge. It's designed for people with the dual priorities of wealth transfer and a guaranteed income stream for life."
(LifeHealthPro)
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New Edition of An Introduction to ESOPs
The NCEO has just released a new edition of An Introduction to ESOPs. This short book explains the rules, uses, benefits, and other aspects of employee stock ownership plans (ESOPs). It is useful as an introduction to the subject, as an accompaniment to a full-length book related to ESOPs, or as a concise reference for laypeople. Since the 1990s, it has been the NCEO's best-selling publication. It is now in its 12th edition.
(National Center for Employee Ownership)
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Benefits in General; Executive Compensation
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Six Tips for Handling Severance Pay Plans
"How do you put together a severance pay plan that meets your needs and also stays within the bounds of legal requirements for such plans?"
(Business & Legal Reports, Inc.)
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2011 End of Year Plan Sponsor 'To Do' Lists
"In this issue we provide seven 'to do' lists [for retirement plans and health and welfare plans] that may require you to take action before the end of 2011 or in early 2012."
(Snell & Wilmer L.L.P.)
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Massachusetts Passes Legislation Protecting Transgender Employees in the Workplace
"This makes Massachusetts the 16th state — along with California, Colorado, Connecticut, Hawaii, Iowa, Illinois, Maine, Minnesota, Oregon, Nevada, New Jersey, New Mexico, Rhode Island, Vermont, Washington, and the District of Columbia — to provide some level of protection to employees based on gender identity and/or expression."
(Littler Mendelson P.C.)
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How Flexible Work Actually Works
"At MeetingMatrix International, a communications firm based in Portsmouth, N.H., employees have no defined work schedules, unlimited paid time off, and meetings are optional. How do they ever get any work done? That's actually the only thing that matters: results."
(Cable News Network)
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[Opinion]
Does Employee Ownership Motivate People?
In his latest column, NCEO founder Corey Rosen writes that 'employee ownership' as through an ESOP, etc., 'doesn't have a strong motivational impact on its own'; rather, employees are motivated by 'a culture in which people are allowed to motivate themselves."
(National Center for Employee Ownership)
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Press Releases
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Jeanette Hull, News Editor
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Lois Baker, J.D., President
Holly Horton, Business Manager
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