Retirement Plans Newsletter

October 15, 2014

BenefitsLink.com logo EmployeeBenefitsJobs.com logo LinkedIn logo Twitter logo Facebook logo
Get Health & Welfare News  |  Advertise  |  Previous Issues  |  Search

Employee Benefits Jobs

Account Manager
Cammack Retirement Group
in NY

Associate Account Manager
Cammack Retirement Group
in NY

Benefits Project Manager
Publix Super Markets, Inc.
in FL

Qualified Plan Specialist
CAG
in IL

Post Your Job

View All Jobs

RSS feed for jobs RSS Feed: All Jobs


Webcasts and Conferences

The Roth 403(b) Option; The Opportunity With Both Ongoing Contributions & Conversions
RECORDED
(ASPPA [American Society of Pension Professionals & Actuaries])

Don't Do That with Your ESOP: Financial and Administrative Issues
October 21, 2014 WEBCAST
(National Center for Employee Ownership)

Bona Fide HIPAA Security Risk Analysis and Risk Management
October 24, 2014 WEBCAST
(Clearwater Compliance)

How to Conduct a HIPAA Security Compliance Self Audit
October 30, 2014 WEBCAST
(Clearwater Compliance)

View All Webcasts and Conferences



What Plan Sponsors Are Doing with Their PIMCO Funds
"The markets appear to have estimated that PIMCO will lose around 20% of total assets.... Should PIMCO lose significant staff, that would be another reason to reappraise the situation.... Time would appear to be on PIMCO's side. Make it a point to keep in weekly contact with your investment advisor for the next month or so." (Lawton Retirement Plan Consultants)  


[Advert.]

ASPPA Annual Conference on October 26-29 in Washington DC

Sponsored by ASPPA

We don't just set the bar, we're constantly raising the bar for America's Retirement. And we unleash that tenacity at every ASPPA Annual Conference.



Same-Gender Spouse Ruling Requires Review of Public Retirement Plans
"An amendment is required if your plan's current terms do not agree with the way in which the plan is to operate in light of Windsor. Even if your plan does not currently define 'spouse,' you may want to amend your plan in order to clarify exactly how you want to operate your plan with respect to same-gender spouses. In the case of a governmental 401(a) plan, the deadline is the close of the first regular legislative session of the legislative body with the authority to amend the plan that ends after December 31, 2014. For many public agencies whose governing boards meet on a monthly basis, compliance is required by January 2015." (Focus on Public Benefits)  

An Analysis of Multiemployer Pension Plans: Beyond the Numbers
"The [DOL] has two programs that track information about retirement benefits. [EBSA] tabulates data from the Form 5500 series, an annual mandatory reporting of certain retirement plan details. The Bureau of Labor Statistics (BLS) explores the features of retirement plans through its annual National Compensation Survey (NCS), a voluntary survey of employers yielding information on the coverage, cost, and provisions of various components of compensation, such as wages, health insurance, and retirement plans. This [article] uses data from both sources to look at trends in multiemployer defined-benefit plan coverage. This article also focuses on certain plan features, including some of the unique characteristics of defined-benefit plans designed to support employees who have multiple jobs throughout their career." (U.S. Bureau of Labor Statistics [BLS])  

ERISA at 40: Anti-Cutback Rule Comes into Spotlight (PDF)
"Under [a recent] proposal, [troubled multiemployer] plans would be permitted to suspend participant benefits -- including the benefits of those in pay status.... [T]he proposal provides a relief valve that may help to avoid employer and PBGC insurance program insolvency. The proposal might also make multiemployer plans somewhat more attractive for employers to sponsor. For the PBGC, the proposal would require the agency to devote significant resources to developing in-house expertise to review the fairness of benefit suspensions." (Buck Consultants at Xerox)  

How Much Are Public School Teachers Willing to Pay for Their Retirement Benefits?
"Public sector employees receive large fractions of their lifetime income in the form of deferred compensation. The introduction of the opportunity provided to Illinois public school employees to purchase additional pension benefits allows [the author] to estimate employees' willingness-to-pay for benefits relative to the cost of providing them. The results show employees are willing to pay 20 cents on average for a dollar increase in the present value of expected retirement benefits." (National Bureau of Economic Research [NBER])  


[Advert.]

Are you making payments to dead people?

Sponsored by Pension Benefit Information, Inc.

See how Fred stopped making payments to deceased participants using PBI's PlatinumPLUS solution with ObitPro! Contact us today for a 30 day NO CHARGE TRIAL. Call 415-482-9611 or email inquiry@pbinfo.com today ... you won't believe what you're missing!



IRS Waives 60-Day IRA Rollover Rule Due to Taxpayer's Medical Condition
"In June 2010, Matt was informed by the bank's attorneys that his accounts would be closed in 30 days and all funds would be distributed. As a result of Matt's mental illness, he ignored the notice and didn't realize that checks totaling the IRA's value were distributed and mailed to him on July 13, 2013. The next month, the checks were discovered by Matt's spouse, who was not aware that the checks were IRA proceeds." (Slott Report)  

The Portfolio Pension Plan: An Alternative Model for Retirement Security
"An alternative to existing designs is needed because DB plans to date have concentrated risk on plan sponsors in a way that makes them financially unsustainable in many, if not most, circumstances. Moreover, existing defined contribution (DC) retirement plans impose risk on employees in a way that is challenging for most individuals to manage. In the past, many employers shared risk with employees by providing both a DB and a DC plan.... [A] new model can provide an alternative that better serves employers and employees in the United States." (Pension Research Council, Wharton School of the University of Pennsylvania; free registration required)  

The Australian Retirement Income System: Comparisons with and Lessons for the U.S.
"Australia has an atypical retirement income system: it comprises a flat-rate, non-contributory, affluence-tested age pension, and a mandatory, defined contribution accumulation plan to which employers must contribute 9.25 percent (moving to 12 percent) of wages on behalf of their employees.... [The authors] describe the Australian arrangements and assess [their] efficiency and efficacy in delivering retirement support.... [They] conclude by considering insights for the evolution of the US pension reform debate as demographic change unfolds." (Pension Research Council, Wharton School of the University of Pennsylvania; free registration required)  

Benefits in General; Executive Compensation

Text of Sixth Circuit Opinion: Forum Selection Clauses in ERISA Plans are Enforceable in Breach of Fiduciary Duty Actions as Well as Claims for Benefits (PDF)
"Appellant Roger Smith appeals the district court's dismissal of his claims without prejudice because of improper venue. The district court held that the venue selection clause in the [ERISA-governed] AEGON Pension Plan requiring that suit be brought in federal court in Cedar Rapids, Iowa, was enforceable and applied to Smith's claims.... We AFFIRM.... [N]one of the statutory provisions Smith cites provides a reason not to apply the venue selection provision to both his fiduciary and benefits claims. The venue selection provision applies to all actions brought by a participant or beneficiary, not just claims for benefits." [Smith v. Aegon Companies Pension Plan, No.13-5492 (6th Cir. Oct. 14, 2014)] (U.S. Court of Appeals for the Sixth Circuit)  

Tibble v. Edison at the Supreme Court: What Does 'Six Years' Mean?
"[T]he federal courts continue to struggle with the interpretation and application of ERISA's six year statute of limitations. While written cleanly on its face, the statutory language is almost the walking embodiment of an insurance coverage concept, the latent ambiguity, which has to do with policy language that does not look ambiguous on its face (and thus would not appear to invoke various doctrines by which ambiguous policy language would be construed against the insurance company that issued the policy) but becomes ambiguous when applied to a particular fact pattern because, in application, it becomes unclear how the language should actually be applied." (Stephen Rosenberg of The Wagner Law Group)  

First Circuit Rejects 'Continuing Violation' or 'Installment Contract' Accrual Theories for ERISA Benefits Claims
"The First Circuit ... joins the Second, Third and Ninth Circuits in rejecting the theory that each monthly benefit payment received by a participant under an ERISA plan is an accrual event giving rise to a new statute of limitations for benefits claims. To date, no Circuit court has adopted a continuing violation or installment contract theory with respect to the accrual of a claim for unpaid benefits under ERISA. Plan sponsors can breathe a collective sigh of relief that the Supreme Court apparently sees no reason to deviate from its Morgan analysis in the absence of specific legislative directives to the contrary." (Paul Hastings LLP)  

Press Releases

CMS Kicks Off Effort to Help Marketplace Enrollees Stay Covered
Centers for Medicare & Medicaid Services [CMS]

Connect   LinkedIn   Twitter   Facebook

Additional useful links:

BenefitsLink.com, Inc.
1298 Minnesota Avenue, Suite H
Winter Park, Florida 32789
Phone (407) 644-4146
Fax (407) 644-2151

Lois Baker, J.D., President
David Rhett Baker, J.D., Editor and Publisher
Holly Horton, Business Manager

Copyright 2014 BenefitsLink.com, Inc. — but feel free to forward this newsletter without further permission from us, if you do not modify the newsletter in any way (including this lower portion).

All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of that content. You may not alter or remove any trademark, copyright or other notice from copies of the content.

Links to Web sites other than those owned by BenefitsLink.com, Inc. are offered as a service to readers. The editorial staff of BenefitsLink.com, Inc. was not involved in their production and is not responsible for their content.

We are proud of our Privacy Policy.

Thanks for reading this newsletter!