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March 2, 2012 Get Health & Welfare News  |  Advertise  |  Unsubscribe  |  Past Issues  |  Search

Employee Benefits Jobs

Distribution-Loan Administrator
for Scott, Tellier & Co., Inc. in AZ

Senior Account Executive
for The Fedeli Group in OH

401(k) Plan Compliance Administrator
for Ascensus in IN

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Webcasts and Conferences

401(k) Rekon Advisor Symposium - Bridgewater
in New Jersey on March 28, 3012 presented by 401(k) Rekon

401(k) Rekon Advisor Symposium - Detroit (Troy)
in Michigan on March 22, 2012 presented by 401(k) Rekon

Cafeteria Plans
in Washington on March 27, 2012 presented by Thomson Reuters / EBIA

COBRA Compliance for Group Health Plans
in Washington on March 29, 2012 presented by Thomson Reuters / EBIA

ERISA Compliance for Health & Welfare Plans
in Washington on March 28, 2012 presented by Thomson Reuters / EBIA

Health Care Reform
in Washington on March 30, 2012 presented by Thomson Reuters / EBIA

HIPAA Privacy & Security
in Washington on March 29, 2012 presented by Thomson Reuters / EBIA

HSAs, HRAs, and Consumer-Driven Health Care
in Washington on March 28, 2012 presented by Thomson Reuters / EBIA

SunGard's Relius Opens Form 5500 and 401(k) Plan Workshops, April-June, 23 Cities
Nationwide on April 18, 2012 presented by SunGard Relius


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[Guidance Overview]
Overview of Final Rule on 408(b)(2): Disclosure Requirements for Retirement Plan Service Providers
"Provided ... is a checklist to help plan sponsors determine whether they are the sponsor of a 'covered plan' within the meaning of the final rule and, if so, who is a 'covered service provider' to the plan, and what the 'covered service provider' under a current contract or arrangement must disclose by July 1, 2012[.]" (Trucker Huss)


5500 and 401(k) Workshops: Learn new rules and solutions; Earn CE.   [Advert.]

Sponsored by SunGard Relius Education

5500 Workshop - get answers to help prepare error-free, timely 5500s.
401(k) Plan Workshop - get help understanding new plan fee regulations, learn better plan design and stay up-to-date on current developments.

Learn more about SunGard’s workshops.


[Guidance Overview]
IRS Cautions Against 'Sham' Retirements
"A recent private letter ruling gave the IRS an opportunity to reemphasize its position that 'pension plans' (whether defined benefit or money purchase) must not allow in-service distributions before age 62. Although the result announced ... was not surprising, ... it arose in a somewhat unusual context. Second, the IRS cited an unusual variety of sources in reaching its conclusion." (Spencer Fane)

[Guidance Overview]
IRS Guidance Facilitates Lifetime Income Options
"Although defined contribution plans can offer annuity options, they seldom do. In part, this is to avoid the administrative complexities posed by the qualified joint and survivor annuity ('QJSA') and qualified preretirement survivor annuity ('QPSA') rules, which impose intricate election and spousal consent procedures. Moreover, even plans that do offer annuity options rarely see retirees take advantage of them." (Spencer Fane)

[Guidance Overview]
Second Circuit Makes ERISA Class Action Certification Attainment More Difficult
"[The decision in Nationwide Life Ins. Co. v. Haddock] may be a game-changer in the ERISA class action litigation arena, and may ease the pressure on service providers and employers to settle even frivolous claims to avoid the expense of litigation." (Porter Wright)

[Guidance Overview]
FinCEN Issues Additional Extension for Certain FBAR Filers
"Certain individuals having only signature authority over foreign financial accounts have until June 30, 2013, to file the FBAR." (Morgan Lewis)

Innovative Defined Benefit Plans Could Be Key to Retirement Security, Speakers Say (PDF)
"Pension plans can play a key role in establishing retirement systems that reduce risk and provide lifetime income options for participants, speakers said Feb. 22 at a conference on innovative pension plan design.... A session on pension designs to share and reduce risk addressed four proposals: the Plain Old Pension Plan, the Adjustable Pension Plan, the Portfolio Cash Balance Plan, and Retirement Security Funds." (Bloomberg BNA)

Pension Reformers Should Not Promise Freedom from Fiduciary Duties, Borzi Says (PDF)
"The success of private pension reform will depend on whether proponents can offer models that are more attractive to employers than those available within the current system of private pensions and retirement savings, [Phyllis C. Borzi, assistant secretary of labor for EBSA] said Feb. 22 at a pension event focused on innovation." (Bloomberg BNA)

Mull Options, Even If 401(k) Offers Low Fees
"[A] few years ago, staying in (the plan of a former employer) made sense because of their scale, but today the safest way to make sure you're paying the lowest price is to move to an environment where you're in control.'" (Chicago Tribune)

Economic Effects of Automatic Enrollment in Individual Retirement Accounts (PDF)
"Auto IRAs have the potential to influence the saving behavior of millions of households.... The 10-year revenue loss resulting from the Auto IRA ... is estimated to range from $3.8 bil.lion ... to $65.8 bil.lion ... With the expansion of the Saver's Credit in place, the revenue cost would rise substantially." (AARP Public Policy Institute)

The Population of Workers Covered by the Auto IRA: Trends and Characteristics (PDF)
"[B]etween 24 mil.lion and 43 mil.lion workers — approximately one-quarter of the workforce — would be eligible for automatic enrollment in the proposals under consideration in Congress.... [T]he eligible population is heavily skewed toward workers with low and moderate wage levels and that exempting very low-wage workers from the automatic enrollment mandate would have only a modest impact on the number of eligible workers." (AARP Public Policy Institute)

Successful 401(k) Education Programs: Does Yours Measure Up?
"[FiduciaryNews.com] asked industry experts to share their experiences in the ugly, bad and good of 401k education programs. What they reveal may hit too close to home for some, surprise others and downright embarrass many. They found some popular techniques habitually fail[.]" (Fiduciary News)

Taxes, Retirement Planning and the Roth TSP Option
Two financial advisers answer questions about the new Roth TSP (Thrift Savings Plan) option. "Employees should consider the Roth TSP option even though they would be saving with after-tax dollars.... The regular TSP helps you now; the Roth helps you later."" (Government Executive)

White House Budget Request Would Establish Auto IRAs, Increase Tax Credit for Small Employer Plan Start-Up Costs
"[E]mployers in business for at least two years that have more than ten employees would be required to offer an automatic IRA option to employees, under which regular contributions would be made to an IRA on a payroll-deduction basis. [The proposal would also] double the Code Sec. 45E tax credit for small employer plan startup costs from the current maximum of $500 per year for three years to a maximum of $1,000 per year for three years. This ... credit for small employers, like the current startup costs credit, would not apply to automatic or other payroll deduction IRAs." (Wolters Kluwer Law & Business / CCH)

[Opinion]
ETFs Coming to a 401(k) Plan Near You
"Right now ETFs are typically not available in 401(k) plans, or they are offered only through expensive, complicated 'self-directed brokerage' features. Why? Because retirement plan administrators built their industry around mutual funds with end-of-day pricing, and it was easy to hide additional fees in the mutual fund expense ratios. Their systems just don't support real-time buying and selling. For them, ETFs literally don't compute!" (ETF Daily News)

[Opinion]
The Logical Inconsistency of a Broker Fiduciary Standard
"Reported attempts by federal regulatory authorities to devise a broker fiduciary standard, if enacted as the result of a successful political beat-down by the brokerage and insurance industries, would change that. But it wouldn't change the logical inconsistency of attempting to fit the square peg of brokers into the round hole of a fiduciary standard. Here's why." (Morningstar Advisor)

[Opinion]
Investment Company Institute Response to DOL on Request for IRA Data (PDF)
"[The Institute] does not collect the kind of detailed investment data on returns, investment strategies, advice, trades and investor characteristics ... that would allow EBSA to assess the impact of a particular recommendation made to an IRA customer. The Institute does, however, engage in research that may be helpful to EBSA's effort to determine what impact, if any, conflicts of interest faced by brokers or others who advise IRA investors have on IRAs and is pleased to share that research[.]" (Investment Company Institute)

Benefits in General; Executive Compensation

Employee Ownership Update for March 1, 2012
NCEO Executive Director Loren Rodgers discusses a proposal to tax large S corporations as C corporations, an SEC no-action letter stating RSUs do not count under shareholder limits, a proposed pro-ESOP law in Iowa, and employee ownership in South Africa. (National Center for Employee Ownership)

Press Releases



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