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BenefitsLink Retirement Plans Newsletter
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[Official Guidance]
From IRS: 2011 Cumulative List of Changes in Plan Qualification Requirements (PDF)
"The 2011 Cumulative List is to be used by plan sponsors and practitioners submitting determination letter applications for plans during the period beginning February 1, 2012 and ending January 31, 2013. These plans will primarily be single employer individually designed defined contribution plans, including employee stock ownership plans (ESOPs), single employer individually designed defined benefit plans, and multiple employer individually designed plans that are in Cycle B. Generally, an individually designed plan is in Cycle B if the last digit of the employer identification number of the plan sponsor is 2 or 7."
(U.S. Internal Revenue Service)
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[Guidance Overview]
IRS Issues Sample Plan Amendment to Satisfy Code Sec. 436 Rules
"The IRS has issued a notice containing a sample amendment that may be adopted by plan sponsors to satisfy Code Sec. 436 regarding limitations on the accrual and payment of benefits under certain underfunded, single-employer defined benefit plans."
(Wolters Kluwer Law & Business / CCH)
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Pension Math: How California's Retirement Spending is Squeezing the State Budget (PDF)
"This report examines the current state of California's public employee pension systems. It examines benefit levels, accounting methods and assumptions, projected future costs, measured by contribution rates, and it outlines the likely impact of increased pension spending on California's non-pension expenditures. It briefly examines recent proposals to tackle the pension problem, and it identifies policy options to reduce the magnitude of the problem."
(Stanford Institute for Economic Policy Research)
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Stanford Study Pegs California Pensions' Shortfall at $500 Bil.lion
"The Stanford Institute for Economic Policy Research issued the report, documenting what it claims is the state's deepening pension crisis. California Common Sense, an organization dedicated to engaging the public in 'data-driven discourse' is also behind the report."
(The Sacramento Bee)
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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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2011 Puerto Rico Code Qualified Retirement Plan Provisions Are Finally Amended (PDF)
"On December 10, 2011, Governor Luis Fortuño signed into law Act No. 232-2011 . . ., a technical amendments bill to the Internal Revenue Code for a New Puerto Rico . . . . The Act introduces, among many other changes to the 2011 PR Code, several amendments related with Puerto Rico tax qualified retirement plans."
(McConnell Valdes LLC)
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Investors Will Scream When They See the 401(k) Fees in their Account Statements
"'The sound of all those envelopes being torn open — and the collective gasps, screams and confusion likely to ensue, as plan sponsors and participants see the true cost of their retirement investments spelled out in black-and-white for the first time — will echo throughout the financial services industry,' . . . ."
(On Wall Street and SourceMedia, Inc.)
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Retirement Plan Governance: What Is It and Why Should You Care?
"[D]o you know who has assumed the risk associated with your organization's retirement plan? If it is you: Do you understand the risk associated with actions relating to your organization's retirement plan? What risk-shifting strategies are in place to protect you from personal liability? Do others who have a role in the operation of the plan understand their responsibilities and the required standards of conduct?"
(Principal Financial Services, Inc.)
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Rhode Island's Landmark Pension Reforms Will Test Contract Law
"Disappointed labor leaders are expected to seek redress in the courts. Their complaint is that, in violation of contract law, benefits will be frozen, modified and even reduced for incumbent employees and cost-of-living adjustments (COLAs) will be frozen for current retirees."
(Governing)
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403(b) Plan Response to Current Economic and Regulatory Conditions (PDF)
"The majority of 403(b) plan sponsors have continued to make contributions to their plans during the last four years. Many plan sponsors that did suspend or reduce organization contributions are restoring them to previous levels. Organizations seem to be restoring matching contributions faster than non-matching contributions." (Plan Sponsor Council of America
(PSCA))
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Dealing with Underfunding
Here is an excerpt of an interview by Institutional Investor with Pension Funding Index author John Ehrhardt about the underfunding of corporate pension plans.
(Milliman, Inc.)
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[Opinion]
Target Benefit Plans: On the Edge of Extinction?
"One of the more interesting effects caused by the IRS' elimination of the National Sponsor category in Rev. Proc. 2011-49 may be the projected elimination of pre-approved target benefit prototype and volume submitter plans. While some of you may be thinking 'who cares' and others may be thinking 'this will never happen', let me share some analysis that may change your mind. Think of target benefit plans as the canaries in our coal mine of a plan document system."
(The Pension Protection Act Blog)
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Benefits in General; Executive Compensation
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Global Aging; How Companies Can Adapt to the New Reality
"Global aging will put significant pressure not only on corporate growth and productivity but also on national pension, health-care, and welfare programs — as well as overall economic stability."
(The Boston Consulting Group)
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Employee Holiday Parties/Gifts Range from a Meal to Free Cars
"Lantana recycling company Southern Waste Systems holds a holiday party at the South Florida Fairgrounds this weekend for its 440 employees. Five workers named 'employees of the year' go home with a Smart Car, more than a $12,000 value. All workers enjoy a catered lunch and a magic show, and employees' children go home with presents."
(Sun Sentinel)
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Workplace Friendlier to Gays, According to Study
"The corporate world — especially at law firms and big banks — is a much better place for les.bian, g.ay, bisexual and transgender employees than it was a decade ago, according to a report from LGBT advocacy group Human Rights Campaign."
(The Modesto Bee)
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New Edition of The ESOP Committee Guide
This book is the definitive guide to creating, developing, and maintaining a successful ESOP committee, with information on everything from determining the mission of the committee to ensuring its continued effectiveness in the face of difficulties. The third edition updates existing material and adds four new chapters.
(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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