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BenefitsLink Retirement Plans Newsletter
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[Official Guidance]
What Happens When a Retirement Plan is Disqualified?
"When an Internal Revenue Code section 401(a) retirement plan is disqualified, the plan's trust loses its tax-exempt status and becomes a nonexempt trust. Plan disqualification affects three groups: Employees; Employer; The plan's trust."
(Internal Revenue Service)
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[Official Guidance]
IRS Transcript of Funding-Based Benefit Restrictions Phone Forum (PDF)
Forum held February 23, 2012. "[IRS staff reviewed] the basic rules related to benefit restrictions, which are covered in Section 436 of the [IRC]. [It was a basic review in order to accommodate both the broad range of listeners and the] limited amount of time."
(Internal Revenue Service)
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Importance of Retirement Programs in Employment Decisions Jumps for Younger Workers
"[A]mong younger workers (younger than age 40) whose employer offers a defined benefit pension plan, the percentage who agreed their retirement program was an important factor in accepting their job more than doubled — from 28% in 2009 to 63% in 2011. That compares with a nine-percentage-point gain (19% to 28%) for younger employees at organizations that offer only a defined contribution plan."
(Towers Watson)
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Later Retirement: The Win-Win Solution (PDF)
"Retirement ages in (Can.ada) are on an upward trend, and should significantly reduce the dire impacts of population aging on the economy and living standards that many forecast. How should policymakers respond?"
(C.D. Howe Institute)
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NAGDCA 2012 Survey of Defined Contribution Plans
"[P]rovides a narrative overview of the key areas involved in administering governmental 457, 401(k), 401(a), and 403(b) plans [and] the Overall Survey Results[.]"
(National Association of Government Defined Contribution Administrators, Inc.)
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EBSA Cracks Down on Retirement Plan Advisors
"In 2011, EBSA said it had closed 3,472 civil cases and obtained monetary results of nearly $1.39 bil.lion. EBSA also closed 302 criminal cases that resulted in 129 individuals being indicted and 75 cases being closed with guilty pleas or convictions. DOL also wants to increase the number of its enforcement personnel from 913 to 1,003 this year."
(AdvisorOne)
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401(k) Strategies Even the Lazy Can Love
"Workplaces offering 401(k) plans that require opting out instead of opting in ... have 90 percent participation rates. Increasing employee contributions automatically over time helps overcome inertia, but sponsors need to give participants plenty of lead time so they're aware of the upcoming change. Similarly, automatic rebalancing helps overcome emotional reactions to market changes that lead participants to 'buy high and sell low.'"
(LifeHealthPro)
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States Might Provide Pension Plans for Private Companies
"Six U.S. states, led by Massachusetts and California, are taking steps to put public pension overseers in charge of retirement savings plans offered to nongovernment workers, according to an advocate of the idea. Massachusetts, California, New York, Florida, Ohio and Connecticut have made or are actively considering such moves[.]"
(Treasury & Risk)
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How Can Employers Encourage Young Workers to Save for Retirement? (PDF)
"This brief reflects preliminary results from research positing that young adults' distance to retirement may discourage them from saving, and it tests what types of communication tactics might be most effective in promoting saving."
(Center for Retirement Research at Boston College)
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The New ESOP Executive Compensation and Private Company Equity Compensation Surveys
For ESOP companies and private companies with equity plans, relevant, affordable compensation data is often difficult to find, and it may be available only for particular industries. Such industry surveys may not address the unique issues that employee ownership companies face. The NCEO 2011 surveys of executive compensation in ESOP companies and of equity compensation in private companies fill this gap. This issue brief summarizes the results, including illustrative graphs and tables.
(National Center for Employee Ownership)
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[Opinion]
Industry Groups Urge DOL to Allow Broader Use of Electronic Communication for Retirement Plan Participant Disclosures (PDF)
"[The groups] encourage the Department to pursue a policy that, in operation, would encourage and facilitate the use of modern electronic forms of communication.... Participants of all ages and incomes increasingly prefer to access information online and believe that doing so makes it easier to act on the information.... [T]he increased costs attendant to paper disclosure in 401(k) plans could reduce participants' retirement savings, the very savings we are working to increase with enhanced transparency."
(The SPARK Institute / American Society of Pension Professionals & Actuaries / Investment Company Institute / and others)
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[Opinion]
American Benefits Council Background and Proposal Regarding Participant and Service Provider Fee Disclosure Guidance (PDF)
"[The American Benefits Council states that it] is vital that transition relief be provided.... The Council recommends that the Department state in the FAQ guidance that a service provider or plan administrator would be viewed as meeting the requirements of the 408b-2 and 404a-5 regulations, respectively, if for the transition period, the service provider or plan administrator relied (a) on a reasonable and good faith interpretation of the regulations or (b) on the regulations as interpreted by the FAQs."
(American Benefits Council)
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[Opinion]
ACLI Letter to the SEC on the Dodd-Frank Act Study on Financial Literacy Among Investors (PDF)
"ACLI supports cost-effective initiatives enabling informed decision-making in the purchase of financial products and services. Enhancements to investors' financial literacy will help Americans achieve financial and retirement security. The three core elements of the Study — improving disclosure, enhancing financial decision-making, and increasing transparency — provide a meaningful framework for constructive improvement. ACLI has actively participated in numerous regulatory projects designed to enhance disclosure, spotlight expenses or conflicts, and buttress decision-making by consumers."
(American Council of Life Insurers)
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Benefits in General; Executive Compensation
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[Guidance Overview]
March 2012 Employee Benefits Update (PDF)
In this update: Compliance Deadlines and Reminders; Fee Disclosure Compliance Tools; Treasury Regulations on Lifetime Income Options; Final Summary of Benefits and Coverage Regulations; and Guidance on PPACA Automatic Enrollment.
(Reinhart Boerner Van Deuren s.c.)
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Press Releases
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Jeanette Hull, News Editor
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Lois Baker, J.D., President
Holly Horton, Business Manager
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