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BenefitsLink Retirement Plans Newsletter
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[Guidance Overview]
Longer Wearaway Periods for Older Workers in Pre-PPA Cash Balance Plan Did Not Violate ADEA
"The ADEA is satisfied as long as an employer treats older and younger workers equally with respect to credits to their cash balance accounts, even if such treatment results in longer wearaways for older workers. In other words, to demonstrate age discrimination, workers must show that plan inputs — in this case, the pay and interest credits — are discriminatory, rather than pointing to disparate outputs such as the longer wearaway period."
(Wolters Kluwer Law & Business / CCH)
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Annual 401(k) Benchmarking Survey (PDF)
"With 2012 bringing a host of fee disclosure requirements, participant reaction remains an unknown factor. Will they react with shock, surprise, lower participation or demands for lower costs? Regardless, plan sponsors are ready with 75% reporting a clear understanding of these fees and even more (83%) confident that their fees are competitive."
(International Society of Certified Employee Benefit Specialists)
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[Guidance Overview]
Additional IRS Guidance on Form 8955-SSA Returns and Form 5558 Filing Extension Requests (PDF)
"The IRS has confirmed that plans with an extended filing deadline of January 17, 2012 for both the 2009 and 2010 Forms 8955-SSA will not be eligible for further extensions by filing Form 5558. However, plans may use Form 5558 to request an extension if their due date for filing Form 8955-SSA (with or without extension) falls after January 17, 2012."
(Buck Consultants, LLC)
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401(k) Plan Participation Could Fall Victim to Proposed Health Care Affordability Test
"Under the Patient Protection and Affordable Care Act, starting in 2014, employers are liable for an annual $3,000-per-employee penalty for employees whose required health insurance premium contribution for single coverage exceeds 9.5% of family income and the employees are eligible for federal premium subsidies to buy coverage through state insurance exchanges."
(Business Insurance)
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The 408(b)(2) Burden on Fiduciaries
"Once the fiduciaries have prudently selected a service provider, they must, at periodic intervals, monitor the performance of the service provider. That includes both determining that the services and costs continue to be reasonable, as well as evaluating the value of the services to the participants."
(Fred Reish, Esq. in PLANSPONSOR.COM)
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Illinois Politics Wreaked Havoc on State Retirement Code
"[The pension funding] system has fallen deeper in debt, with the shortfall growing to more than $85 bil.lion. The agreement that was supposed to steady the system is in tatters and the state's pension plans are running dangerously low on funds, casualties of neglect and political machinations in Springfield."
(Chicago Tribune)
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GAO Report: Delphi Pension Plans: GM Agreements with Unions Give Rise to Unique Differences in Participant Benefits
"GAO was asked to answer the following questions: (1) What precipitated PBGC's decision to terminate Delphi's plans and what was Treasury's role, if any? (2) What actions did PBGC take to secure Delphi domestic and foreign assets as part of its recovery process? (3) Why will certain Delphi employees receive reduced pension benefits and others will not? (4) What information was communicated to employees about the termination of their plans?"
(U.S. Government Accountability Office)
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Senior Activity Rate, Retirement Incentives, and Labor Relations
"Senior participation rates to the labor force not only differ strikingly in level from one country to another, they also differ in their reaction to retirement incentives set by governments. This paper highlights how disutility to work can influence the effectiveness of such reforms."
(Social Science Research Network)
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[Opinion]
Time for Balance in Discussion about Whether or Not Defined Contribution Plans Can Provide 'Adequate' Retirement Benefits
"It is clear that attacking the 401(k) system is one tactic used by those supporting traditional pension plans for state and local workers. They fear that if people believe the 401(k) system can be successful, it will be politically easier for elected officials to vote to replace current pension programs with defined contribution plans. They may also fear that support among younger government workers for the current system will erode."
(Plan Sponsor Council of America)
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Benefits in General; Executive Compensation
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[Guidance Overview]
Annual Bonuses for 2011 Paid in 2012: Tax Planning Opportunities for Employers
"[E]mployers need to consider the following factors when deciding when to deduct the amount of bonus payments: 1. In order to deduct in 2011 a bonus that is paid in 2012, the employer must be on the accrual method of accounting. 2. In addition, the amount of the total bonus payable needs to be fixed as of the last day of 2011."
(Porter Wright Morris & Arthur LLP)
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Ten Ideas for Year-End Tax Planning with Stock Compensation
"As part of your year-end and year-beginning tax planning, review your stock options and company stock holdings. Make investment objectives and personal financial needs, not tax considerations, the driver of your decisions. Here are 10 ideas to review before the end of the year to make sure you aren't paying more taxes than necessary."
(myStockPlan.com, Inc.)
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Issue Brief on Equity Compensation Values and Valuation
This issue brief features three articles on issues related to equity compensation valuation: private company liquidity programs, SEC simplified method transition considerations, and forfeiture rates under ASC 718.
(National Center for Employee Ownership)
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2011/2012 Compensation, Retirement and Benefits Trends Survey (PDF)
"The annual Compensation, Retirement and Benefits Trends Survey conducted by Verisight and RSM McGladrey is designed to uncover key trends across the broad spectrum of retirement, benefits, and employee reward programs. The result is a comprehensive view of firms' total employee reward programs that is rarely available from a single source."
(Verisight, Inc.)
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Employee Ownership Update for December 15, 2011
NCEO Executive Director Loren Rodgers discusses a SEC suit alleging an undervalued stock buyback, new data showing broad-based options decrease employee turnover, employee ownership in South Africa, the Penn program for ESOP company CEOs, and deadlines for the NCEO executive compensation survey and board nominations.
(National Center for Employee Ownership)
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Press Releases
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Holly Horton, Business Manager
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