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February 8, 2012 Get Health & Welfare News  |  Advertise  |  Unsubscribe  |  Past Issues  |  Search

Employee Benefits Jobs

Benefit Services Specialist
for Northwestern Benefit Corporation of Georgia in GA

Manager-Employer Sponsored Retirement Plan (ESRP)
for Edward Jones in MO

Senior Defined Contribution Consultant
for MetLife in NJ

Employee Benefit Senior Associate
for Allen, Gibbs & Houlik L.C. in KS

Retirement Plan Services Officer
for Lubbock National Bank in TX

Director, Actuary - Retirement Plan Strategy
for Prudential in CT

Operations Associate
for retirement advisory services corp in PA

Relationship Manager
for ASPire Financial Services, LLC in FL

Defined Contribution Peer Reviewer and Compliance Resource Specialist
for The Angell Pension Group, Inc. in ANY STATE

ERISA Attorney
for The Angell Pension Group, Inc. in RI

"Virtual" Defined Contribution (including ESOP) Pension Plan Administrator
for The Angell Pension Group, Inc. in ANY STATE

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Webcasts and Conferences

Clawbacks, Non-competes and Corporate Governance Webcast
Nationwide on February 27, 2012 presented by McDonald Hopkins

Free Webinar - Avoiding Common DC Plan Errors
Nationwide on March 8, 2012 presented by University Conference Services

Healthcare Reform Developments and Strategies
in California on February 21, 2012 presented by Western Pension & Benefits Conference - San Diego Chapter

Webcast: Form 5500/8955-SSA Update
Nationwide on March 28, 2012 presented by National Institute of Pension Administrators


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[Guidance Overview]
Final Fiduciary-Level Disclosure Regulations Impose New Obligations
"If the requested information relates to future services and it not disclosed promptly after the 90-day period, the regulations require the [Responsible Plan Fiduciary] to terminate the arrangement as expeditiously as possible (consistent with the duty of prudence). Woe betide the [Covered Service Provider] that fails that make a required disclosure, and pity the RPF that fails to take action to remedy the problem!" (Verrill Dana, LLP)


The ASPPA 401(k) SUMMIT is Bigger and Better in New Orleans!   [Advert.]

Sponsored by ASPPA

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[Guidance Overview]
Investment Disclosures to ERISA Participants Deemed to Satisfy NASD Requirements
"The Financial Industry Regulatory Authority (FINRA) issued Regulatory Notice 12-02, which states that investment-related disclosures required under Section 404(a) of [ERISA] are generally deemed to satisfy the content and filing requirements of National Association of Securities Dealers (NASD) communications rules." (Practical Law Company)

[Guidance Overview]
New Tax Guidance on Use of Annuities in Retirement Plans (PDF)
"The Obama Administration has in a number of ways previously evinced its intent to facilitate lifetime income solutions in defined contribution plans. . . . Treasury and the Department of Labor expect to issue further retirement income guidance later this year." (Sutherland)

[Guidance Overview]
Puerto Rico Treasury Dept. Guidance for Qualification of Retirement Plans under 2011 PR Code and Relief for Retroactive Qualification under 1994 PR Code (PDF)
"[The guidance] includes a list of the 2011 PR Code qualification provisions that must be included in the plan document (or appendix/supplement to the plan) in order to obtain a qualification letter under the 2011 PR Code. However, note that a plan must have been operated in compliance with all applicable 2011 PR Code provisions since January 1, 2011, even though the plan is not amended until sometime in 2012." (Groom Law Group)

[Guidance Overview]
Deadline Finally Set for New 408(b)(2) Fee Disclosure Rule Compliance
"[M]any, if not most, affected responsible plan fiduciaries and covered service providers have delayed their efforts to comply with the interim rules in hopes that the effective date of compliance would be pushed even further out. The final regulations delay the effective date of compliance by only three months." (Chang, Ruthenberg & Long PC)

Some 401(k) Breathing Room: Deadline Is Extended for Fee Disclosures to Retirement Plan Participants
"The extension should be welcomed by plan sponsors, many of whom have yet to get up to speed themselves when it comes to plan fees and expenses . . . [According to] a recent survey . . . [a]bout one in eight plan sponsors doesn't know what types of administrative fees are applied to their companies' stock funds, while 20% that have funds with revenue sharing don't know what proportion of their funds pay revenue sharing." (CFOWorld)

Pension Plan Sponsors View Controlling Funded Status Volatility As the Top Priority for Their Organizations
"Of the poll participants identifying this as a top focus for 2012, nearly three-quarters (70%) said it is at least a 'high priority,' with almost half (43%) of those saying it is an 'extremely high priority." (PLANADVISER.com)

Video: Low-Income Workers and Retirement Contributions
"Karen Smith, a senior research associate at the Urban Institute's Program on Retirement Policy, talks about employer contributions to retirement savings, who benefits most, and who loses the most wages in return for retirement contributions." (Urban Institute)

$2.1 Billion in Funding Relief Already Provided to American Airlines
"Congress gave American Airlines an estimated $2.1 bil.lion in pension funding relief over the past six years, nearly double an earlier estimate, the PBGC announced [February 6]." (Pensions & Investments; free registration required)

California Teachers' Retirement Fund Commits $500 Mil.lion to Infrastructure
"The California State Teachers' Retirement System is ... committing $500 mil.lion to roads, utilities and more. [T]he recent economic crisis demonstrated . . . the need for greater diversification in [the fund's] investment portfolio, in areas that would also serve as a hedge against inflation . . . ." (The Sacramento Bee)

When Retirement Comes Too Soon
"This situation is one of several retirement planning situations that have been addressed by a landmark effort from the Society of Actuaries (SOA) to examine the major decisions you'll encounter when planning your retirement. SOA's just-released series of online briefs, Managing Retirement Decisions, focuses on specific decisions you'll face before and during your retirement years." (CBS MoneyWatch)

Federal Employees Will Gain Roth Investment Option This Spring
"Proposed rules set for publication on Wednesday lay the groundwork for a major change in the investment choices available to federal employees through the Thrift Savings Plan with the addition of a Roth alternative." (The Washington Post; free registration required)

Oversight Committee Advances Major Federal Pension Reform
"The House Oversight and Government Reform Committee advanced . . . the largest cost-saving reform to federal employee pensions since the creation of the Federal Employee Retirement System in 1984. H.R. 3813, the Secure Annuities for Federal Employee Act[,] . . . was approved by a vote of 22-16." (House Committee on Oversight and Government Reform)

401(k) Fee Disclosure Regs Might Spur Additional Creative Fees
"[An industry veteran has] warned that the mutual fund industry will come back and say they are burdened with extra administration charge because the Department of Labor is now creating this 'onerous administrative task' for them that they have to put on to the 401(k) plan participants, and they are going to charge more." (International Business Times)

The Future of Retirement: Surprisingly Optimistic
"What's often missing in surveys and reporting about future retirement readiness may come as a surprise. It can be summed up in one word: optimism. Despite the looming forces of longevity, frugality and economic turbulence, the future may not be so bad after all. Insurance company The Hartford (HIG) and the MIT AgeLab recently released a study, Age of Opportunity, measuring the opinions and concerns of Americans in and approaching retirement. It found most retirees are pleased with their life, and both pre-retirees and retirees have a positive attitude about retirement overall." (The Street)

Pension Plans Off to a Good Start in 2012 As Funded Status Improves by Two Percentage Points (PDF)
"The funded status of the 100 largest corporate defined benefit pension plans improved by $30 bil.lion during January as measured by the Milliman 100 Pension Funding Index (PFI)." (Milliman)

Credit Unions Seek Clarity on IRS Governmental Retirement Plan Definition
"Both CUNA and NAFCU have offered feedback to the IRS on clarification in determining the definition of 'governmental plan' as it relates to nonqualified deferred compensation plans at federal credit unions." (Credit Union Times)

Benefits in General; Executive Compensation

Avoiding Litigation Over Unexercised Expired Stock Options
"Regardless of the outcome of [recent] cases, the moral(s) of the story for companies are as follows: (1) Address option expiration issues and blackout period in the plan or award agreement. Even Code Section 409A allows an option period to be extended during a blackout period. (2) Clearly communicate the expiration and other terms of equity awards with terminating employees. (3) Take extra care in drafting the plan and agreement terms governing employment termination, vesting, forfeiture and expiration." (Winston & Strawn LLP)

Employees Don't Understand Benefits, Employers Say
"[L]ess than 19 percent of employers think their employees have a very good understanding of their benefits . . . ." (LifeHealthPro)

Milliman's Monthly Benefit News and Developments, February 2012 (PDF)
The newsletter provides a summary of the previous month's legislative, regulatory, and judicial information on employee benefits and upcoming key dates. (Milliman)

Press Releases



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