University Conference Services

Pension Administrator (Defined Contribution)
for Coble Pension Group, LLC in AZ

401(k) and 403(b) Plan Compliance Administrator
for Carroll Consultants Ltd, also DBA Armstrong, Doyle & Carroll Inc. in PA

Relationship Manager
for ASPire Financial Services, LLC in FL

Benefit Communication Enrollment Specialist
for Benefit Communication Insourcing in AL, AR, TX

Client Service Manager
for New York Life Retirement Plan Services in MA, NJ

Benefit Communication Administrator
for Benefit Communication Insourcing in AR

DC Administration Operations Manager
for New York Life Retirement Plan Services in MA, NJ

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A Chat with Andy Zuckerman on Good Faith and Retroactive Amendment and Determination Letter Processing Issues
Nationwide on June 14, 2012 presented by ABA Joint Committee on Employee Benefits

Retirement Plan Compliance Assistance Seminar For Small Business
in Texas on May 22, 2012 presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)

COBRA Compliance Workshop
in Nevada on May 1, 2012 presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)

COBRA Compliance Workshop
in California on May 16, 2012 presented by U.S. Department of Labor, Employee Benefits Security Administration (EBSA)

401(k) Plan Fees in Turmoil: District Court in Tussey Case Finds Fiduciary Breaches but Third Circuit Does Not
"Overall, the courts' decision in Tussey and Renfro appear to show that the ... outcome is less dictated by the choices made by plan fiduciaries than by the thoroughness and care by which the plan fiduciaries investigated, considered and compared their investment selections and fees. Accordingly ... it is critical for plan sponsors to understand and follow their plan's investment policy procedures and guidelines, to understand their plan's fees and compare them to the marketplace, to document all actions taken with respect to investment selections and plan fees, and to act for the exclusive benefit of plan participants and beneficiaries." (Trucker Huss)

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Post-Distribution Enforcement of Waiver of Benefits Does Not Violate ERISA
"A participant's estate may bring suit against a former spouse to enforce a waiver of benefits and recover the benefits following distribution by the plan, the Court of Appeals ... has ruled. Allowing the enforcement of a waiver after the distribution of benefits, the court explained, would not undermine ERISA's objective of assuring certainty in the final distribution of benefits." (Wolters Kluwer Law & Business / CCH)

DOL Files Suit to Recover Losses to ESOP of California-Based Parrot Cellular
Quoting from the government press release: "The department's suit is based on an investigation conducted by [EBSA] that found violations of [ERISA].... The suit alleges that the defendants caused or permitted the ESOP to purchase ... stock for more than fair market value and that [the principal owner of that stock] enriched himself by millions of dollars at the expense of the plan and its participants." (Employee Benefits Security Administration)

Choices of Providers and Even Monitors of Outsourcers Proliferate, but Plan Sponsors Are Still Stuck with Liability
"Consider the cautionary tale of several small plans that entrusted fiduciary responsibility to someone once considered a stalwart in the field. Matthew Hutcheson, who co-wrote the book 401(k) Ethos, was regarded as a go-to person for all things fiduciary and testified before Congress, recently was indicted for wire fraud after allegedly stealing money from the plans for which he acted as fiduciary." (Treasury & Risk)

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Sample Glossary of Investment-Related Terms for Disclosures to Retirement Plan Participants (PDF)
April 26, 2012 version. "The document is organized in two parts. Part 1 covers a broad group of general investment-related terms. Part 2 covers terms that are specific to insur.ance products." (The SPARK Institute)

Encouraging Employees to Push Savings to the Code Section 402(g) Maximum (PDF)
"How do you respond when an employee asks you 'how much should I be contributing to my 401(k) plan?' If you are like most plan sponsors, providers or advisors, you will typically respond by beginning a dialogue about how employees should be deferring at least a certain 'percentage' of pay, that this 'percentage' should be high enough to capture the employer match and that this 'percentage' should be increased annually. But if you ask us, our answer is simply this: '$17,000...the maximum the law allows.'" (MJM401k)

PSCA's Eastern Regional Conference – Take Advantage of Discount Pricing   [Advert.]

PSCA’s 2012 Eastern Regional Conference will be the most comprehensive retirement-focused, one-day meeting on the east coast. It's being held at the Westin Peachtree Plaza in Atlanta, Georgia on Wednesday, May 9. To register please click here.

DOL Ramps Up 401(k) Plan Provider Examinations
"Over the last 12 months, [DOL] has quietly ratcheted up its examinations of firms that serve retirement plans, including brokerage firms, registered investment advisers and third-party administrators, said attorneys representing these firms. [DOL] is examining how these companies get paid and whether their compensation poses a conflict of interest, they said. A Labor Department spokesman confirmed the examinations and said the effort is part of bigger push by the agency to examine all areas of employee benefits, including health and welfare plans." (The Economic Times)

Senate Passes U.S. Postal Service Overhaul
"The legislation ... allows the agency to offer buyout and early retirement incentives to 100,000 employees, switches to five-day delivery if officials cannot come up with other cost savings within two years, and restructures a requirement that the Postal Service prefund its retirement health benefits with more than $5 bil.lion annually.... New amendments passed into the bill this week scale back workers' compensation benefits, curtail USPS executive compensation to a level on par with Cabinet secretaries and address the backlog of USPS retirement claims at the Office of Personnel Management." (Government Executive)

A Look at the Funding of 'ERISA Accounts' Using Mutual Funds
"[I]f the plan had the legal right to [a 12b-1 payment of plan fees, is] that payment ... a plan asset (or is the right to the payment an asset)? If the 12b-1 payment is made to the plan's trust, it is a plan asset. But what if, instead, it is paid directly to the TPA, who uses it to offset administrative costs under its contract with the plan? Is it a plan asset? What about the advisor, or the plan's investment manager (particularly if it also manages the underlying mutual fund?)." (Business of Benefits)

Best Governance Practices for Public Retirement Systems (PDF)
"NCPERS encourages fiduciaries who have not done so to consider adopting the [practices in this document] with the understanding that flexibility in implementation is one hallmark of effective governance." (National Conference on Public Employee Retirement Systems)

'Take This Job and Love It'—Most Older Workers Say They Are Happy at Work
"The focus of this year's survey was working adults in their 50s and 60s with household income between $40,000 and $90,000, in which more than three-quarters (76 percent) say they are sticking with their jobs because they want to, not because they're stuck and can't leave (24 percent)." (Charles Schwab)

Across the States, Teacher Pension Problems, and Changes, Fuel Political Debate
"It is very difficult to directly compare public-employee pensions; individual states each have their own rules, and funds, cautioned Gary Olson, a former Senate Fiscal Agency director currently preparing a paper on Michigan's school-employee pension bind. But, in general, elsewhere in the Midwest, states are taking the same steps Michigan is deploying in trying to shore up underfunded pension systems: increasing contributions and changing eligibility rules." (MLIVE)

Text of Pension Rights Center Policy Director's Speech at 2012 Latino Retirement Security Summit
Speech by Karen Friedman. "[P]eople need to have a secure retirement and, sadly, technology can't fix that issue—only having adequate income can.... Half of the nation's private-sector workers have neither a pension or savings to supplement Social Security and, as [the] study for National Council on La Raza shows, the situation is even more acute among the Latino population." (Pension Rights Center)

'What, Me Worry?'—Shareholders Overwhelmingly Sanguine about Executive Comp Practices
"With the second proxy season of the 'say on pay' era now under way, it should be obvious that intense public outrage over supposedly excessive executive compensation is nothing more than a myth. Only 5 of 177 companies that held the shareholder advisory votes by April 20 received the dreaded thumbs-down. Last year just 45 companies—less than 2% of those required to hold the nonbinding polls—were hit with 'no' votes." (CFO)

Dismissal of Shareholder's 'Say on Pay' Lawsuit Provides Opportunity for Executive Compensation Counselors
"[W]hat makes the court's dismissal of In re Jacobs Engineering Group Inc. Consolidated Shareholder Derivative Litigation ... so interesting, is that the court quoted directly from the CD&A section of the proxy statement the company's explanation [of] its 2010 compensation decisions as evidence that the compensation committee of the board had clearly exercised its business judgment in settling the compensation." (Winston & Strawn LLP)

Telecommuting Creates 'Nexus' in Many States, Subjecting Products and Services to Sales Tax
"Telecommuting and maintaining in-home offices are among the activities that can create state tax liabilities, a Bloomberg BNA survey found. Potential Impact: Employers may be exposed to unexpected taxes when allowing employees to telecommute from other states. Few states have adopted nexus policies aimed at fostering alternative-work arrangements, according to a survey of state revenue agencies by Bloomberg BNA[.]" (Bloomberg BNA)

Transamerica Introduces Customized Asset Allocation Service
(Transamerica)