Retirement Plans Newsletter

February 27, 2015

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Employee Benefits Jobs

Senior Consulting Actuary
Milliman
in CA

401k Plan Administrator
Rea & Associates, Inc.
in OH

Marketing Communications Consultant
OneAmerica Financial Partners
in IN

Financial Analyst
Evercore Trust Company
in DC

Retirement Planning Consultant (Full & Part-time)
Transamerica Retirement Solutions
in IL

Senior Defined Benefit Data Analyst
Transamerica Retirement Solutions
in MA

Retirement Plans Consultant
Stalker and Associates, Inc.
in PA

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Webcasts and Conferences

King v. Burwell: Debating the Future of the ACA
RECORDED
(National Institute for Health Care Management Foundation)

Avoiding Medicare Mistakes: What Group Health Plan Sponsors and Advisors Need to Know
RECORDED
(Thomson Reuters / EBIA)

FEE DISCLOSURE: Issues, Solutions & Opportunities
March 6, 2015 in CA
(Western Pension & Benefits Council - Orange County Chapter)

ACA 101: What You Need to Know Briefing
March 6, 2015 in DC
(Alliance for Health Reform)

FINRA Exam Priorities
March 10, 2015 WEBCAST
(Regulatory Compliance, LLC )

Getting It Right - Know Your Fiduciary Responsibilities: Part 1: Basic Fiduciary Responsibilities for Employer-Sponsored Group Health Plans
March 12, 2015 WEBCAST
(Employee Benefits Security Administration [EBSA], U.S. Department of Labor)

ERISA Litigation Update: Order in the Court!
March 19, 2015 in CA
(Western Pension & Benefits Council - Orange County Chapter)

401(k) Advisor Symposium
March 25, 2015 in VA
(401k Rekon)

Inside the Beltway
March 31, 2015 WEBCAST
(Drinker Biddle & Reath LLP)

Understanding The Patient Protection And Affordable Care Act Workshop
March 31, 2015 in MA
(Employee Benefits Security Administration [EBSA], U.S. Department of Labor)

Dual-Eligibles Initiatives: What’s Working? What’s Not? What’s New?
April 16, 2015 WEBCAST
(Atlantic Information Services, Inc.)

View All Webcasts and Conferences



[Official Guidance]

Text of IRS Rev. Proc. 2015-22: User Fees and Change of Address for Submission of Applications for Approval of Section 403(b) Pre-Approved Plans (PDF)
"This revenue procedure contains a modification to Revenue Procedure 2013-22, as modified by Revenue Procedure 2014-28, and modifications to Revenue Procedure 2015-8. In particular, this revenue procedure changes the addresses to which applications for opinion and advisory letters for Section 403(b) pre-approved plans should be submitted and inserts a user fee that was omitted from Rev. Proc. 2015-8." (Internal Revenue Service [IRS])  


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[Guidance Overview]

IRS Employee Plans News 2015-2, February 27, 2015 (PDF)
Topics include: [1] Correction options for 457(b) plans -- EP Voluntary Compliance is not available for form errors; [2] March webinars: [a] Highlights of the Second Cycle E Determination Letter Application Process -- March 5, 2015; and [b] Retirement Plan Loans to Participants -- March 26, 2015; [3] my Social Security account -- to get a replacement SSA-1099 or SSA-1042S online; [4] updates to: [a] PBGC Insights page; [b] Publication 4484, Choose a Retirement Plan for Employees of Tax Exempt and Government Entities; and [c] Form 8955-SSA, Annual Registration Statement Identifying Separated Participants With Deferred Vested Benefit (Instructions). (Internal Revenue Service [IRS])  

Proposed Legislation Would Halt Obama's DOL Fiduciary Push
"Rep. Ann Wagner, R-Mo., [has] introduced a bill that would force the DOL to wait until after the [SEC] has acted on a similar fiduciary rule it is considering for retail investment advice.... 'They seem to be doubling down on another massive rule-making that is going to harm thousands of low- and middle-income American families,' said Ms. Wagner, a member of the House Financial Services Committee. 'Once again, ... the White House [is] offering a solution in search of a problem, and we're going to push back on behalf of Americans trying to invest their hard-earned money and save for their families.' Ms. Wagner's bill also would set out cost-benefit requirements for the SEC to meet on its own rule-making." (InvestmentNews)  

Fidelity to Match a Percentage of IRA Contributions for Some New Depositors
"Fidelity's matching program will last for three years, and it's limited to certain customers. Those who transfer a Roth, traditional or rollover IRA to Fidelity with a balance of at least $10,000 and register for the program will get the match. The amount of the match will depend on how much money an investor is bringing to Fidelity. Someone transferring $10,000 would get a match worth 1 per cent of their annual contributions. The percentage rises for people bringing more money: Someone transferring $500,000 would get a 10 per cent match on new contributions." (Brandon Sun)  

Evaluating Target Date Funds (PDF)
29 presentation slides. Topics include: [1] Overview of Qualified Default Investment Alternatives; [2] Survey of the Target Date Fund Universe; [3] DOL Guidance; [4] Selection Methodology; and [5] Ongoing Evaluation Methodology. (Multnomah Group)  


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Institutional Investor Expectations, Manager Performance, and Fund Flows
"[The authors] analyze institutional investors' expectations about the future performance of fund managers and the impact of those expectations on asset allocation decisions. [They] find that institutional investors allocate funds mainly on the basis of fund managers' past performance and of investment consultants' recommendations, but not because they extrapolate their expectations from these." (Howard Jones and Jose Vicente Martinez, via SSRN)  

Traditional and Roth Individual Retirement Accounts (IRAs): A Primer (PDF)
"This report explains the eligibility requirements, contribution limits, tax deductibility of contributions, and rules for withdrawing funds from the accounts. It also describes the Saver's Credit and provisions enacted after the Gulf of Mexico hurricanes in 2005 and the Midwestern storms in 2008 to exempt distributions to those affected by the disasters from the 10% early withdrawal penalty." [CRS Report RL34397, Feb. 12, 2015] (Congressional Research Service [CRS])  

What ERISA Plan Fiduciaries Can Learn from Tibble v. Edison International
"Pending the Court's decision, the takeaway for plan sponsors and fiduciaries is that there has never been a more important time to revisit investment monitoring practices and procedures.... [To] minimize the risk of potential litigation, fiduciary committees should expand their analyses to make sure that each investment continues to meet the objectives of the plan's investment policy statement, that it makes sense when viewed as part of the plan's entire portfolio and that it remains an appropriate choice among others in its asset class." [Tibble v. Edison International, No. 13-550 (9th Cir. Aug. 1, 2013; cert pet. granted Oct. 2, 2014, argued Feb. 24, 2015)] (Mayer Brown)  

Tibble Supreme Court Argument: Fiduciaries Must Monitor Investments
"During the argument, the justices, the parties to the suit, and the [DOL] all seemed to agree on the following points: [1] There is no 'continuing violation' as to a fiduciary decision to offer an imprudent investment as an investment option. [2] The ERISA statute of limitations begins to run from the date of the alleged fiduciary breach in making that decision. [3] There is an ongoing fiduciary duty to monitor investment options prudently. [4] The process of 'monitoring' investments is less intensive and rigorous than the process of initial selection of investment options." [Tibble v. Edison International, No. 13-550 (9th Cir. Aug. 1, 2013; cert pet. granted Oct. 2, 2014, argued Feb. 24, 2015)] (McGuireWoods LLP)  

Majority of Catholic Dioceses Plan to Freeze Pensions
"More than 57% of Catholic dioceses are planning to freeze or terminate their pension plans, according to a survey from USI Consulting Group. More than three-fourths (76.1%) of respondents have an open and ongoing pension plan for lay employees, while 6.5% have already implemented a soft freeze of their plans and 17.4% have implemented a hard freeze. Nearly three in ten (28.9%) of Catholic dioceses report their pension plans for lay employees are 80% funded or less." (PLANSPONSOR)  

Will the Unemployed Soon Be Able to Tap Retirement Accounts?
"[They could, if] a little-known provision buried deep within President Barack Obama's proposed 2016 budget becomes law. The provision would allow those who've received unemployment compensation for more than 26 weeks to withdraw up to $50,000 per year from their IRAs and employer-sponsored retirement plans. And while experts said the budget is unlikely to pass in its current form, there appears to be bipartisan support for the exemption." (NBCNews.com)  

[Opinion]

Obama's Fiduciary Stance Is Not 'Punitive'
"[T]he fiduciary duty of loyalty (which imposes 'negative' obligations -- in the sense that 'you must not do this...' ) is the very core of the fiduciary principle. It is what differentiates, to a much larger degree, the fiduciary standard from the weak standard of suitability.... [A]dherence to the fiduciary duty of loyalty is what makes a fiduciary expert possess the singular characteristic clients desire so greatly -- trustworthiness." (Ron Rhoades, via RIABiz)  

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