Retirement Plans Newsletter

March 2, 2015

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Employee Benefits Jobs

Account Manager
National Retirement Services, Inc.
in NC

Compliance Analyst
National Retirement Services, Inc.
in NC

Pension Administrator
Retirement Strategies, Inc.
in GA

Retirement Plan Administrator
HCS Retirement Services
in UT

Defined Contribution Plan Administrator
Tyler, Simms & St. Sauveur, CPAs, P.C.
in NH

Pension Administrator
Alliance Pension Consultants, LLC
in IL

Defined Contribution Pension Administrator
Pension Investors Corporation of Orlando, Inc.
in FL

Director - Retirement Planning
Granite Retirement Services, LLC
in NY

Director of Communications
Non-Profit Association
in DC

Retirement Plan Administrator
David K. Young Consulting, LLC
in TX

Account Manager, Employee Benefit Services
Healthcare Association of New York State
in NY

Retirement Planning Business Development Officer
Chemical Bank
in MI

Conversion Consultant
Verisight
in CA

Relationship Manager
Verisight
in CA, IL

Account Service Representative
Verisight
in CA, IL

ESOP Administrator
Blue Ridge ESOP Associates
in ANY STATE

Client Relationship Manager
Acropolis Investment Management, LLC
in MO

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Webcasts and Conferences

How to Apply for a 403(b) Plan Opinion or Advisory Letter
RECORDED
(IRS [Internal Revenue Service])

Retirement Plan Issues for U.S. Territories - Puerto Rico
RECORDED
(IRS [Internal Revenue Service])

Managing Leaves of Absence: The Interplay of the FMLA and ADA
March 3, 2015 in NY
(Littler Mendelson)

Affordable Care Act’s Employer Mandate: 2015 Best Practices
March 3, 2015 WEBCAST
(Bloomberg BNA)

Employer-Only Roundtable: Designing Your Benefit Strategies for 2016-2018
March 6, 2015 in IL
(Midwest Business Group on Health)

401(k) Advisor Symposium
March 26, 2015 in FL
(401k Rekon)

Getting It Right - Know Your Fiduciary Responsibilities: Part 2: Basic Fiduciary Responsibilities for Employer-Sponsored Retirement Plans
March 18, 2018 WEBCAST
(Employee Benefits Security Administration [EBSA], U.S. Department of Labor)

View All Webcasts and Conferences



[Guidance Overview]

Section 4062(e) Liability Reformed: A Summary and Analysis of the New Law (PDF)
"A new 4062(e) era has now begun. For many employers, the new law will lead to far greater certainty, and far more favorable consequences, than existed under the old law. And for all employers, an understanding of the new law is essential in order to evaluate any 4062(e) implications of potential business transactions." (Keightley & Ashner LLP)  


[Advert.]

Plan Advisors Can't Miss the NAPA 401(k) Summit -- San Diego, March 2015

Sponsored by ASPPA

Learn from the best and add to your professional skill set by earning ASPPA and CFP CE's, networking with other exclusive financial advisors and TPAs, hearing from leading speakers on topics that matter to you most. The NAPA 401(k) Summit supports your needs!



15 Considerations for Your Company's DC Plan in 2015 (PDF)
"Revisit Investment Policy Statement ... Target Date Fund/Default Option Review ... Money Market Fund Review ... Fee Analysis ... Evaluate the Use of Auto Features to Improve Plan Participation Rate ... [and 10 more]." (Rocaton Investment Advisors, LLC)  

2015 Trends for Defined Contribution Plans (PDF)
"An active year for target date funds ... Plan sponsors refine their approach ... A muted response to recent regulations and lawsuits ... Automatic features are increasingly common, but implementation is slow ... Fees are also a focus in investment structures: indexing and institutional structures increase in prevalence ... Retirement income solution adoption is still slow." (Callan Associates)  

Target Date Funds: The Other 401(k) Scandal (PDF)
42 presentation slides. "[1] Fund Companies: Nothing has changed to correct 2008; Package product for profit; Bogus objectives; Confusing terms, like 'To' versus 'Through'; [2] Fiduciaries (Sponsors and Consultants): Apathy & laziness; Breach of fiduciary duty." [Accompanied by a video.] (Target Date Solutions)  

Death Benefits: What Does Your Plan Document Say? Or Not Say?
"What if the employee is divorced at the time of his or her death, elected his former spouse as the beneficiary prior to the divorce and the beneficiary election was never changed? ... The plan document may provide for a child or children of the participant to receive the death benefit in the event the participant is not married. Does the plan document provide a definition of a 'child'? Is a step-child considered a child? Is there an age requirement to be considered a child?" (Findley Davies)  


[Advert.]

9th ERISA Litigation, April 13-14, 2015, Chicago

Sponsored by ACI [American Conference Institute]

The only ERISA conference that goes the extra mile and brings you the highest-level judicial insights and maximum networking opportunities. It features expert strategies on today's key issues involving benefit plans, plan investments and fiduciaries.



Is 2015 the Year of Lump-Sum Sweeps?
"Why 2015? The [IRS] has published lump-sum mortality tables through 2015. Many expect changes for 2016 or 2017 mortality rates, so that they better reflect the fact that people are living longer. As a result, the lump-sum values of retirement benefits going forward could increase significantly, somewhere in the range of 5% to 10%. If this is the case, the timing of these forthcoming changes is important, because they could be published by the IRS as soon as the third or fourth quarter of 2015. Plan sponsors already contemplating a lump-sum sweep may want to do so in 2015 in order to avoid this increase." (Milliman Retirement Town Hall)  

Pension World's $20 Billion Club Stung by Increasing Longevity
"One consequence of adopting new mortality assumptions in a year in which interest rates fell has been that the combined pension liabilities ended 2014 bigger than they had ever been before, exceeding the previous high (of 2012) by some $23 billion. This had seemed so unlikely to happen that we had started to refer to that previous high as 'peak pension.' But, against the odds, pension liabilities have re-peaked." (Russell Investments)  

Estate Planning: Best Practices for Your Retirement Account
"[1] Reduce assets held in your estate ... [2] Roth conversion... [3] Donate to charity... [4] Choose a beneficiary in a low tax bracket... [5] Choose a young beneficiary." (Certified Financial Planner [CFP] Board of Standards, Inc.)  

How Secure Is Your Social Security Benefit?
"Even if Congress does act prior to trust fund exhaustion, there is a non-zero probability that such action will involve some type of benefit reduction for beneficiaries in pay status. Congress may feel that a fair solution to the problem should involve a certain amount of shared pain from all the system's stakeholders. And while earlier action can reduce the size of the problem somewhat, the magnitude of tax increases/benefit reductions required to solve the problem will still be substantial if they are totally borne by those who are not in pay status." (Ken Steiner, FSA Retired)  


[Advert.]

11,000 members rely on our key retirement/HR news and analysis

Sponsored by Mercer Select

With a user-friendly website, daily emails, and regular web briefings, Mercer Select members stay informed about retirement and other key benefit, comp and HR issues. Contact us for a free demo or guest membership.



In 2014 America's Corporate Pension Plans Gave Up Most of Their Funding Level Gains from 2013
"In the past, plans were able to fully recover, according to [Alan Glickstein, a senior retirement consultant at Towers Watson]. For example, after funding fell sharply in 2002, from 101 percent to 82 percent, plans 'clawed their way back' to 99 percent [in] 2006 and 106 percent in 2007, he says. However, in the current ongoing cycle that began after a big drop in funding to 77 percent in 2008, 'we're not clawing our [way] back,' to full funding, Glickstein says. 'We're just circling the drain here at the 80 percent level.' " (Mind Over Market)  

Advisers Gain Congressional Allies in Fiduciary Definition Debate
"Challengers also suggest the administration's concept of making more advice providers into fiduciaries will cause more harm than good -- driving quality advice out of reach of low-balance savers, who will be forced to go it alone on critical retirement planning decisions; for example, when contemplating an [IRA] rollover." (PLANSPONSOR)  

Obama Announces Plan to Expand Fiduciary Rules Applicable to Investment Advisers
"The current definition of a fiduciary under ERISA dates back to 1975, when most American workers were covered by defined benefit plans, and so were not directly affected by the performance of plan investments and expenses. The DOL has long sought to update these rules for the current retirement landscape, where participant-directed 401(k) plans and IRAs predominate." (Kilpatrick Townsend)  

[Opinion]

The Media Guild Pension Plan Survives in Hostile Times
"For more than five decades, the Media Guild Pension Plan has paid lifetime pensions to retired participants ... [It] has proven to be a tough survivor of recessions, regulatory hits and the near-collapse of daily print journalism. Today, the Media Guild Pension Plan is down to a single employer -- the Hearst Corp., publisher of the Chronicle ... Plan participants are expecting official word soon from the plan's fiduciaries as to its current funding status. It's even possible that recent financial gains will push the plan out of the so-called 'red zone' of underfunded pension plans." (George M. Kraw)  

Benefits in General; Executive Compensation

SEC Proposes Disclosure Rules for Hedging Transactions by Directors, Officers, and Employees
"Interestingly, the SEC did not confine its Proposed Rules to executive officers and directors. Nor does the proposal relate only to transactions that hedge against equity-based awards. In addition to directors and officers, the Proposed Rules extend to all employees, who may own very small portions of the company. The Proposed Rules also include any hedging transaction that affects these individuals' stock awards or direct stock ownership of the company's securities (or those of any parent or subsidiaries)[.]" (Paul Hastings LLP)  

Press Releases

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