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Employee Benefits Jobs
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Webcasts and Conferences
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Hand-picked links to the web's best news articles, official guidance, jobs, webcasts and more.
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Text of FINRA Investor Alert: The IRA Rollover -- Ten Tips to Making a Sound Decision
"If you are considering rolling over money from an employer plan into an IRA -- or if you have been in contact with a financial professional to do so -- follow these tips to decide whether an IRA rollover is right for you. Evaluate your transfer options.... Minimize taxes by rolling Roth to Roth and traditional to traditional.... Think twice before you do an indirect rollover.... Be wary of 'Free' or 'No Fee' claims.... Realize that conflicts of interest exist."
(Financial Industry Regulatory Authority [FINRA])
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SEC Announces 2014 Examination Priorities for Investment Advisers and Broker-Dealers
"[T]he staff will undertake several initiatives, including the following: [1] examining the sales practices of investment advisers targeting retirement-age workers to roll over their employer-sponsored 401(k) plan into higher cost investments, including whether advisers are misrepresenting their credentials or the benefits and features of IRA plans or other alternatives; and [2] examining broker-dealers and investment advisers for possible improper or misleading marketing and advertising, conflicts, suitability, churning, and the use of potentially misleading professional designations when recommending asset transfers."
(Quarles & Brady LLP)
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DOL Set to Take a Look at Brokerage Windows in 401(k) Plans
"The department is scheduled to release a request for comment in April on so-called brokerage windows in 401(k) plans.... In 2012, the DOL addressed concerns about brokerage windows in two Field Assistance Bulletins. But the answers to the frequently-asked-questions posed in the documents generated more questions in the financial industry."
(InvestmentNews)
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The Role of Social Security, Defined Benefits, and Private Retirement Accounts in the Face of the Retirement Crisis
"[B]etween 83 and 86 percent of workers with more than 30 years of eligibility in a voluntary enrollment 401(k) plan are simulated to have sufficient 401(k) accumulations that, combined with Social Security retirement benefits, will be able to replace at least 60 percent of their age-64 wages and salary on an inflation-adjusted basis. The same analysis under automatic enrollment shows the probability of success increases substantially: 88-94 percent would be successful."
(Employee Benefit Research Institute [EBRI])
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Michigan Governor Offers Pension Aid to Detroit, with Conditions
"Michigan Gov. Rick Snyder is recommending that the state Legislature approve up to $350 million to help fund pensions in Detroit ... The money would be put forward only if there was a settlement involving the city, state, unions and retirees, meaning unions would have to drop their lawsuits. Some of those lawsuits revolve around an amendment to the Michigan Constitution that protects public pensions ... Snyder also suggested that the money go specifically to low-income pensioners, and that there be independent fiduciary management of the pension funds to ensure that they're being run effectively."
(Los Angeles Times)
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Benefits in General; Executive Compensation
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Employee Benefits in the Biopharmaceutical Industry
"[T]he value of retirement benefits -- which often include defined benefit, defined contribution and retiree medical programs -- is generally 2% to 3% higher in biopharma than in other sectors.... On a per-employee per-year basis, biopharma employers' spending on health care benefits is the highest among all industries."
(Towers Watson)
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Fiduciaries Can Sometimes Rely on Legal Advice (or: Why ERISA Counsel Is a Good Thing to Have)
"[W]hile it appears the [Court of Appeals for the District of Columbia Circuit] agrees that the plan made the right call, the court seemed more inclined to focus on why reliance on legal advice is OK and under what circumstances it would be justified. It was not just using a legal expert, but using one that was qualified and knew the subject well.... Due diligence means more than just taking legal advice. It means considering whether the advice is sound and from a knowledgeable source." [Clark v. Feder Semo and Bard, P.C., No. 12-7092 (D.C. Cir. Jan. 7, 2014)]
(Fox Rothschild LLP)
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The Importance of Procedural Timing Issues in ERISA Litigation
"As [two recent Supreme Court] cases make clear, one can waive clear rights to recovery under ERISA by failing to prosecute them exactly as required and on the exact time schedule required by applicable plan terms and governing statutes. While some might view the particular timing requirements addressed in Ray Haluch Gravel and Heimeshoff as picayune, the Court's strict enforcement of them make clear that parties seeking relief under ERISA had best not treat them that way."
(Stephen Rosenberg of The McCormack Firm, LLC)
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Deadlines Approaching for Employer Return Requirements for ISOs and Employee Stock Purchase Plans
"A corporation (including private and public corporations) may be subject to penalties if it fails to furnish the applicable form in a timely manner, fails to include all the required information, or includes incorrect information in the form. The corporation has an obligation to file the applicable form with the IRS and distribute the applicable form to the relevant employee and will be liable for penalties with respect to each failure to file or provide the form."
(Proskauer Rose LLP)
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Press Releases
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