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

Come to the Big Easy for the unparalleled 401(k) SUMMIT. Join over 1,500 attendees including Broker Dealer Registered Reps, Registered Investment Advisors, Plan Administrators (TPAs) and Product and Service Professionals. Register now and save!
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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)
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[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)
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[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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Benefits in General; Executive Compensation
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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)
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Press Releases
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