|
Employee Benefits Jobs
|
|
Webcasts and Conferences
|
|
|
|
[Guidance Overview]
DOL Fiduciary Rule to Revamp Regulation of Advice to Plans and IRAs
"The proposal includes a revised and broader definition of activities that would result in fiduciary status, a series of limited exceptions to fiduciary status, a package of new prohibited transaction exemptions, amendments to current exemptions for existing and newly covered fiduciaries (as well as nonfiduciaries), and a new regulatory impact analysis."
(Morgan Lewis)
|
[Guidance Overview]
DOL Re-Proposes ERISA Fiduciary Rule (PDF)
"Much like the 2010 Proposed Rule, the 2015 Proposed Rule is focused more on regulating conduct between retail investors and their advisors than between institutional investors and their advisors. These distinctions appear to be drawn more sharply in the 2015 Proposed Rule."
(Fried, Frank, Harris, Shriver & Jacobson LLP)
|
[Guidance Overview]
DOL Proposes New Regs on Fiduciary Advice
"The basic standards of impartial conduct set forth in the new proposed exemption reflect the conduct of many advisers in dealing with their clients, and standards that already apply under ERISA to advisers that work with employee benefit plans sponsored by employers. However, by making the standards a condition of the Best Interest Contract exemption, the DOL is extending the standards of impartial conduct to IRA advisers, many of whom have not historically been subject to formal regulation."
(Ballard Spahr LLP)
|
[Guidance Overview]
Definition of the Term 'Fiduciary' -- DOL 'Conflict of Interest' Rule (PDF)
"[T]he carve-outs would cover seven activities of persons who do not represent themselves as ERISA fiduciaries. [1] Seller's Carve-out....[2] Swaps.... [3] Plan Sponsor Employees.... [4] Investment Platform Providers.... [5] Objective Criteria or Financial Data.... [6] ESOP Appraisals ... [7] Investment Education."
(fi360)
|
Pension Plan Administration and Court Deference to the IRS: The 'Church Plan' Cases as a Case Study on the Significance of Agency Deference to Plan Administration (PDF)
"Uniformity and predictability are critical protections that ERISA affords plan sponsors, and these goals have been used to justify important aspects of ERISA, such as the need for judicial deference to plan administrators.... Yet, as the recent rulings in the 'church plan' cases aptly illustrate, federal judges have sometimes become quick to second-guess the IRS and to develop their own unique pension rules, even when these new rules are a 'marked departure from past practice.' ... [T]his lack of judicial deference can, unfortunately, create balkanized and unexpected legal rules, defeating some of the very protections ERISA is supposed to provide plan sponsors."
(Proskauer Rose LLP)
|
Grading Target Date Funds from a Fiduciary Perspective (PDF)
"There is no fiduciary upside to taking risk at the target date. Only downside. The next 2008 will bring class action lawsuits. There is a 'risk zone' spanning the 5 years preceding and following retirement during which lifestyles are at stake.... [A] new grading system focuses on these key differentiators: [1] Who has the broadest diversification at the long dates when risk is being taken for younger participants?.... [2] Who defends best at the target date? ... [3] Are the fees reasonable?"
(Target Date Solutions)
|
Spring Cleaning Series: Regular Monitoring and Correction of Retirement Plans Can Reduce Correction Costs
"A company can correct most qualified retirement plan operational failures under EPCRS. Many plan sponsors prefer to self-correct plan failures under the Self-Correction Program of EPCRS (SCP) to avoid the time and expense of filing for IRS approval of the correction under the Voluntary Correction Program of EPCRS (VCP).... Regular retirement plan monitoring will help you ensure that SCP is available to correct any retirement plan failures your company experiences.... Regular monitoring and timely correction can also benefit a company when the company attempts to correct a fiduciary violation under the DOL's Voluntary Fiduciary Correction Program (VFCP)."
(Quarles & Brady LLP)
|
Safe-Harbor Leveraging for Small Business, Top-Heavy Retirement Plans
"Many employers are debating how to most efficiently take advantage of the defined contribution limit increase to $53,000. However, few owners of small businesses are aware of the extent to which certain types of 'leveraging' are now permitted in qualified retirement plans. The purpose of this article is to illustrate the provisions that allow owners of small businesses to get the most in return for what they are willing to contribute on behalf of their non-owner employees."
(Retirement Management Services)
|
One-Third of Plan Participants Are Giving Away Free Money ... Are You?
"Some 55% of plan participants in auto-enrollment employer plans -- which are becoming more and more popular -- are contributing less to their employer-sponsored retirement plan than the amount they need to contribute in order to receive the maximum employer-provided matching contribution. This is strong evidence that these participants are basically 'going with the flow' and choosing the default contribution rate selected by their employer rather than actually taking the time to figure out which contribution rate will be most beneficial."
(Slott Report)
|
Using Data Analytics to Find Pieces of the Participant Outcomes Puzzle
"Nearly every major retirement plan provider now offers a data analytics tool that purports to help plan sponsors determine how best to improve their plan design and participant outcomes. But how do data analytics work, and how can sponsors use such tools to perfect their plans?"
(PLANSPONSOR)
|
American Benefits Council Statement to the U.S. Senate Finance Committee Working Group on Savings and Investment (PDF)
37 pages. "Our nation's employer-based retirement saving s system is particularly vulnerable to disruption, because some of the commonly used measures of employer plan coverage are misleading and the true value of the current tax incentives for retirement savings is not widely understood, which can lead to proposals that result in more harm than good.... This statement illustrates how the vast majority of American workers are well served by the system of tax incentives that makes these plans possible. We will: [1] Describe the critical role that employers play in providing their employees with a secure vehicle for retirement savings. [2] Demonstrate the true value of tax-deferred retirement savings on personal financial security, broader economic growth and future tax revenues. Explain how retirement plan coverage and tax policy are intricately intertwined. [3] Provide
targeted policy recommendations that would improve outcomes without compromising the successes of our current system. [4] Offer additional analyses regarding the way in which the tax incentives for savings in employer-sponsored retirement plans are measured and evaluated and offer some insights into how best to interpret retirement plan coverage statistics."
(American Benefits Council)
|
Private Pension Funding Drops to Lowest Level in 6 Years
"Even as stock market rose last year, pension funding levels at America's biggest companies in 2014 fell to levels not seen since just after the financial crisis. One big reason: Employers cut back on contributions to their plans to the lowest amount in six years ... thanks, in part, to a break offered up by Congress last summer to bail out the Highway Trust Fund."
(CNBC)
|
North Carolina, Maine Look at Retirement-Related Bills
"Legislation is before the North Carolina House of Representatives that would call on the Department of the State Treasurer to study the establishment of a voluntary 'work and save' retirement program for private-sector workers whose employers don't provide one.... The Maine bill, HP 715, would establish the Adjustable Pension Plan Program, a combined defined benefit and defined contribution retirement plan, to replace the State Employee and Teacher Retirement Program for state employees and teachers hired on or after July 1, 2017."
(National Tax-Deferred Savings Association [NTSA])
|
[Opinion]
DOL's Fiduciary Proposal Preserves Advice -- But at What Cost?
"While initial concerns about preserving the ability for 401(k) participants to work with the advisor of their choice on rollovers appear to be addressed in the new proposal, the new compliance regimen looks to be significant, adding cost and complexity to the process. Among other things, this includes written contracts with multiple signatures, as well as initial and annual disclosures."
(American Retirement Association)
|
|
Benefits in General; Executive Compensation
|
[Guidance Overview]
SEC Proposes Rules on Dodd-Frank Anti-Hedging Policies
"A company that permits hedging transactions by some, but not all, of its employees and directors must disclose the categories of persons who are permitted to engage in hedging transactions and those who are not. If a company does not permit any hedging transactions or permits all hedging transactions, it can simply state that fact and need not describe them by category. A company must disclose the categories of hedging transactions it permits and those it prohibits. In disclosing these categories, a company may disclose that it prohibits or permits particular categories and permits or prohibits, respectively, all other hedging transactions."
(Winston & Strawn LLP)
|
2015 Workplace Benefits Report: Helping Employees Live Their Best Financial Lives (PDF)
20 pages. "[F]inancial wellness has evolved from a buzzword to reality and is likely to grow in importance in the future. Meanwhile employers face a challenging environment in which the complexities of benefits offerings require greater expertise from HR professionals, and rising health care costs force hard decisions about how to spend valuable benefits dollars. This report provides a clear picture of the data, trends and new ideas related to workplace benefits today. It uncovers new insights related to financial wellness, health care, incentives, the use of total rewards portals and employers' attempts to engage a multi-generational workforce."
(Bank of America Merrill Lynch)
|
Closing the Retirement Health Care Planning Gap?
"While many expect Medicare to address the bulk of health related expenses in retirement, the program only covers approximately 50 percent of total health care costs. With health care cost inflation expected to return to more normalized levels of around six percent, lower Social Security COLAs, more health care cost sharing in retirement, fewer retirees with pensions and health care benefits, and longer life expectancy, future retirees will see a much greater portion of their budgets consumed by health care than previous generations have experienced.... There are a number of key steps that should be part of a modified planning process that addresses health care[.]"
(Insured Retirement Institute [IRI])
|
|
|
|
Press Releases
|
|
|
|
|
|
|
|
|
|
|
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 2015
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 websites 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!
|