ASPPA

Part Time On Call Participant Counselor
for Diversified in CA, DC, FL, IN, KY, MI, OH, TX

Research Technical Analyst Senior
for AUL/OneAmerica Financial Partners, Inc. in IN

Transition Consultant
for AUL/OneAmerica Financial Partners, Inc. in IN

Pension Administrator
for Limestone Pension Associates, LLC in DE

Vice President, Testing & Reporting Services
for Fidelity Investments in KY, OH

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"Practical Guide to Plan Fee Disclosures Workshop 2012" - Appleton
in Wisconsin on January 27, 2012 presented by SunGard Relius

"Practical Guide to Plan Fee Disclosures Workshop 2012" - Bloomington
in Illinois on January 25, 2012 presented by SunGard Relius

"Practical Guide to Plan Fee Disclosures Workshop 2012" - Chicago
in Illinois on January 26, 2012 presented by SunGard Relius

"Practical Guide to Plan Fee Disclosures Workshop 2012" - Philadelphia
in Pennsylvania on January 26, 2012 presented by SunGard Relius

"Practical Guide to Plan Fee Disclosures Workshop 2012" - San Francisco
in California on January 27, 2012 presented by SunGard Relius

"Practical Guide to Plan Fee Disclosures Workshop 2012" - Seattle
in Washington on January 26, 2012 presented by SunGard Relius

"Practical Guide to Plan Fee Disclosures Workshop 2012" - Syracuse
in New York on January 27, 2012 presented by SunGard Relius

Participant Loans
Nationwide on January 27, 2012 presented by McKay Hochman Co., Inc.

The 2012 IHC FORUM East
in Georgia on April 12, 2012 presented by The Institute for HealthCare Consumerism

The 2012 IHC FORUM West
in Nevada on September 6, 2012 presented by The Institute for HealthCare Consumerism

Webcast: Are You Being Targeted by the DOL?
Nationwide on January 17, 2012 presented by National Association of Plan Advisors (NAPA)

Information Copies of 2011 Form 5500, Form 5500-SF, and Schedules
The actuarial schedules (Schedule MB and Schedules SB) are updated to reflect provisions of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010. The Schedule C instructions are updated to advise that for a multiemployer or multiple-employer plan, where the plan sponsor is the joint board of trustees for the plan, payments by contributing employers, directly or through an employer association, or by participating employee organizations, should be treated the same as payments by a plan sponsor. The Schedule I and Form 5500-SF instructions are updated to advise that for plans with fewer than 100 participants at the beginning of the plan year, any amount deposited with or repaid to such plan not later than the 7th business day following the day on which such amount is received by the employer or on which such amount would otherwise have been payable to the participant in cash, shall be deemed to be contributed or repaid to such plan on the earliest date on which such contributions or participant loan repayments can reasonably be segregated from the employer's general assets. (U.S. Employee Benefits Security Administration)

DATAIR! More Choices – Better Guidance – Less Cost   [Advert.]

Documents, SPDs, Amendments, Administrative Forms
401(k)/Profit Sharing, 403(b), DB and Cash Balance Plans
(888) 328-2474    Sales@DATAIR.com    www.DATAIR.com

Text of IRS Notice 2012-6: Qualified Pension, Profit-Sharing, and Stock Bonus Plans under the Puerto Rico Internal Revenue Code (PDF)
"This notice extends and expands the transition relief provided under Rev. Rul. 2011-1 . . . and Rev. Rul. 2008-40 . . . for certain group trusts, certain retirement trusts that qualify under the Puerto Rico Internal Revenue Code . . . that participate in group trusts, and certain qualified retirement plans that benefit Puerto Rico residents. This notice also provides additional time for governmental retiree benefit plans described in section 401(a)(24) of the [IRC] . . . to be amended to satisfy the applicable requirements of Rev. Rul. 2011-1." (U.S. Internal Revenue Service)

IRS Determination Letters Will No Longer Consider Coverage, Nondiscrimination Testing
"The changes take effect with Cycle B, for submissions made on or after Feb. 1, 2012, with a later effective date for terminating plans. Similar changes apply to individual determination letter requests for preapproved plans, effective May 1, 2012. The changes eliminate a plan sponsor's ability to obtain IRS review of nondiscrimination testing issues." (Mercer LLC)

New Determination Letter Procedures
"The IRS provides a chart at their website detailing the effective date of the changes and the specifics for specific line numbers of existing forms." (Wolters Kluwer Law & Business / ftwilliam.com)

IRS Extension of Year-End Deadline for Pension Plan Amendments under Code Section 436
"Code Section 436 was added by the Pension Protection Act of 2006 (PPA) and contains limitations on benefit payments and accruals for defined benefit plans that do not meet the funding targets required by the PPA." (McDermott Will & Emery)

SSA Individual Statement: Using the Benefit Statement to Satisfy the Requirement
"Other than the requirement to file the form directly with the IRS, probably the most significant change made to the Form 8955-SSA is the addition of the question regarding whether the plan administrator has provided the individual statement to a participant reported on the form. Many practitioners were surprised by this 'new' requirement. In fact, the requirement to provide the statement has always been a requirement; however, the requirement has been generally ignored by both the IRS and practitioners." (SunGard Relius)

PTE 80-26 Not Available for Indemnification Agreement with Broker; Causes an 'Extension of Credit' from IRA Owner to IRA
"Advice was sought on whether PTE 80-26 would provide relief from Code Sec. 4975(c)(1)(B) for an indemnification agreement securing a broker from an investment loss and/or tax that an IRA might incur from investing in a futures contract, where the amount of the loss/tax exceeded the amount of assets in the IRA." (Wolters Kluwer Law & Business / CCH)

Owner Trustee May be Held Liable for Denial of Benefits to Ex-Spouse of Employee
"The Stockwell Construction Co., Inc. Profit Sharing Plan states Stockwell, Jr., as trustee, had the duty to invest plan assets, so he is clearly a plan fiduciary. The fact Stockwell, Jr. did not have discretion over the payment of the benefits of Smith's deceased ex-husband's account does not shield him from liability, the court said." (PLANSPONSOR.COM)

DOL Revises Electronic Fee Disclosure Guidance for Pension Plans
"Administrators should review, and update as necessary, their methods for delivering participant-level fee disclosures to ensure that the methods comply with the requirements set forth in Technical Release 2011-03R." (Littler Mendelson P.C.)

Materials from 2011 WISER Symposium: 'A Lifetime Financial Journey'
Materials from WISER's annual retirement security conference held December 6–7, 2011. l (WISER)

New Survey Reveals How 401k Plan Sponsors Rank 8 Hot Topics
"The comprehensive study explores a multitude of areas 401k plan sponsors will no doubt have great interest in — from investments to fees, from plan policies to service providers." (Fiduciary News)

Age-55 Exception to Early Withdrawal Tax Applies to Date that Employee Separated from Service
"Code Sec. 72(t)(2)(A)(v) states that an individual is not liable for the additional 10% tax if the distribution from the qualified plan is 'made to an employee after separation from service after attainment of age 55.' Although the individual was only 53 when she separated from service from her employer, she was 55 when she took the distributions from the plan; therefore, she argued that she fell within this exception." (Wolters Kluwer Law & Business / CCH)

Enrolled Actuaries Report, Winter 2011 (PDF)
Articles include: Research Projects Private Pension Funding Costs; Is 411(d)(6) Dead? and, Recent Developments for Hybrid Plans. (American Academy of Actuaries)

SEI Finds Narrowing of Range of Discount Rates Used by Defined Benefit Plan Sponsors
"According to the analysis of a database of 686 plan sponsors, the research shows a 140 basis point range of discount rates used for 2010 pension disclosure -- a 21 basis point decrease in range from 2009. The results of the study provide companies with guidance for setting the discount rate and return on asset (ROA) assumptions that pension plan sponsors will use for 2011 year-end disclosures." (PLANSPONSOR.COM)

How to Make Your Nest Egg Last Longer
"You probably know the conventional wisdom: When spending retirement savings, drain taxable accounts first, to give the money in tax-deferred 401(k)s and individual retirement accounts more time to grow, and leave tax-free Roth IRAs for last. But with many nest eggs today smaller than they should be, a better approach, some financial advisers say, is to tap these accounts simultaneously in order to minimize taxes over time." (The Wall Street Journal)

Retired Rhode Island Police and Firefighters Agree to Pension Cuts
"As cities, towns and counties struggle with fiscal pain, there has been speculation that they could shed their pension obligations in bankrup.tcy. Some have said it might, in fact, be easier for local governments to drop those obligations than it is for companies, which use a different chapter of the bankrup.tcy code." (The New York Times; free registration required)

Industry Group Letter to PBGC Regarding ERISA 4062(e) Enforcement Actions (PDF)
"Very briefly, the PBGC is actively enforcing very controversial proposed regulations that are being reconsidered pursuant to Executive Order 13563 on Improving Regulation and Regulatory review." (American Benefits Council)

Charles Schwab CEO on the Future of the 401(k)
"In an interview on December 8, he weighed in on all things concerning the American investor in this landscape -- including 401(k)s, Social Security, and just who should and shouldn't invest in stocks. He discussed what it's like sitting across the hall from Schwab himself, and what he has in common with the '99%.'" (Cable News Network)

Why Are Americans So Bad at Saving?
"[W]e asked two economists on different sides of the debate — Laurence Kotlikoff of Boston University and Annamaria Lusardi of George Washington University — to answer the question . . . ." (NPR)

Labor Department Releases Advance Copies of 2011 Form 5500 Annual Report
(U.S. Department of Labor, Employee Benefits Security Administration (EBSA))