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[Official Guidance]
Text of PBGC Announcement Extending Deadlines Due to Severe Storms, Tornadoes, Straight-line Winds and Flooding in Arkansas
"This Disaster Relief Announcement provides relief relating to PBGC deadlines ... [to] any person responsible for meeting a PBGC deadline ... that is located in the disaster area for which the [IRS] has provided relief in DAL-2015-78, June 29, 2015 ... or [who] cannot reasonably obtain information or other assistance needed to meet the deadline from a service provider, bank, or other person whose operations are directly affected by the Severe Storms, Tornadoes, Straight-Line Winds and Flooding that began on May 7, 2015, in Arkansas.... The relief generally extends from May 7, 2015 through August 31, 2015."
(Pension Benefit Guaranty Corporation [PBGC])
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The Relationship Between Automatic Enrollment and DC Plan Contributions: Evidence from a National Survey of Older Workers
"[A]utomatic enrollment is associated with a higher proportion of workers included in DC plans; however, automatically enrolled workers are less likely to contribute to their DC plans than voluntarily enrolled workers. Auto enrollment is also associated with lower employee contribution amounts and rates. However, the employers of auto-enrolled workers are more likely to contribute to their employees' accounts than are the employers of voluntarily enrolled workers. Additionally, employer contribution amounts and rates are higher among workers who are automatically enrolled. Even so, the combined effect is that the retirement accounts of automatically enrolled older workers receive, on average, $900 less in combined annual contributions and have contribution rates that are 1.6 percentage points lower than those of voluntarily enrolled workers."
(Center for Retirement Research at Boston College)
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Selected Characteristics of Savings and Thrift Plans for Private Industry Workers
"This [report] looks at the growth in the prevalence and at selected characteristics of employer-provided savings and thrift plans in private industry in the United States.... Eligibility requirements ... Vesting requirements ... Rollovers to employee's savings and thrift plans ... Loans from an employee's savings and thrift plans ... Methods of retirement benefit distribution."
(U.S. Bureau of Labor Statistics [BLS])
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Leakage from 401(k) Loans, Defaults Is Greater Than Previously Thought
"[According to a recent study,] 20 percent of people at any one time have loans outstanding from their 401(k) plans, while nearly 40 percent have borrowed at some time or other within the past five years.... In addition, 10 percent of 401(k) loans are not repaid, usually because the borrower has moved on to a new employer.... The study's authors estimated that loan default leakage from retirement plans adds up to $6 billion every year."
(BenefitsPro)
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Millennials Want to Save, But Many Lack Funds to Do So
"For nearly all workers, income correlated to their willingness to contribute to a 401(k) plan; among Millennials, the average earnings of savers ($57,000) was more than double that of non-savers ($28,000).... Millennials were also the most likely to say they would increase their DC plan contributions if they got a raise, with 61% of that age cohort saying they would, compared with 40% of Baby Boomers. Four in 10 Millennials also said they had increased their 401(k) contribution amounts over the past year, compared with 21% of Boomers."
(National Association of Plan Advisors [NAPA])
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Pension Finance Update as of June 30, 2015 (PDF)
"Higher interest rates produced positive results for pension sponsors in June, and for the first half of 2015 generally. Both model plans ... saw improvements in funded status last month and are solidly above water so far in 2015, with Plan A ahead more than 6%, and Plan B up 3% through June[.]"
(October Three Consulting)
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Which Country Ranks First in Retirement Readiness?
"India ranks first in Retirement Readiness with 44% of Indian workers [who say they] are confident they will retire with a comfortable lifestyle. Globally this number is just 22%. This is the second time in a row that India has ranked first amongst the 15 countries surveyed, as 70% of Indians (index of 7 out of 10) this year, are financially prepared for retirement and are optimistic about future prosperity."
(Aegon)
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Benefits in General; Executive Compensation
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[Official Guidance]
Text of SEC Proposed Rule: Listing Standards for Recovery of Erroneously Awarded Compensation (PDF)
198 pages. "[The SEC is] proposing new Exchange Act Rule 10D-1 to set forth the listing requirements that exchanges would be directed to establish pursuant to Section 10D of the Exchange Act ... [along with] rule amendments to Regulation S-K, to the forms by which foreign private issuers file their Exchange Act annual reports, and for certain investment companies, to Form N-CSR and Schedule 14A. These amendments would require disclosure of the listed issuer's policy on recovery of incentive-based compensation and information about actions taken pursuant to such recovery policy."
(U.S. Securities and Exchange Commission [SEC])
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[Guidance Overview]
SEC Fact Sheet: Listing Standards for Clawing Back Erroneously Awarded Executive Compensation
"[L]isted companies would be required to develop and enforce recovery policies that in the event of an accounting restatement, 'claw back' from current and former executive officers incentive-based compensation they would not have received based on the restatement. Recovery would be required without regard to fault. The proposed rules would also require disclosure of listed companies' recovery policies, and their actions under those policies.... [T]he listing standards would apply to incentive-based compensation that is tied to accounting-related metrics, stock price or total shareholder return. Recovery would apply to excess incentive-based compensation received by executive officers in the three fiscal years preceding the date a listed company is required to prepare an accounting restatement."
(U.S. Securities and Exchange Commission [SEC])
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[Guidance Overview]
Cancel Your Plans for the Independence Day Weekend So You Can Study the SEC's Proposed Compensation Clawback Rules!
"The proposal would require each company to adopt its recovery policy no later than 60 days following the date on which the listing exchange's listing rule becomes effective.... The proposed rules would apply to incentive-based compensation based on stock price or total shareholder return.... [T]he proposed rules would give companies the discretion not to recover excess incentive-based compensation received by executive officers if the expense of recovery would exceed the amount to be recovered ... However, the rules would require extensive disclosure of the circumstance of any decision not to pursue recovery."
(Winston & Strawn LLP)
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[Guidance Overview]
SEC Issues Proposed Rule on Mandatory Clawbacks
"[T]he Proposed Rule would apply to all current and former Section 16 officers who earned 'incentive' compensation during a three-year 'look back period' ... The Dodd-Frank Act defines excess incentive-based compensation as 'the amount by which incentive compensation previously paid to the executive officer exceeds what would have been paid to the executive officer under the restated financial statements.'... [T]he SEC staff broadly interpreted this provision to also mean incentive compensation linked to the achievement of a specific stock price or to total shareholder return (TSR).... [W]hat would have been a company's stock price or TSR if it had initially issued correct financial statements is not known or knowable. Undaunted by this challenge, the SEC staff crafted the Proposed Rule to require a public company to 'estimate' this stock price or TSR through any reasonable method."
(Meridian Compensation Partners, LLC)
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Case Study: Diagnosing Effective Deferred Compensation Programs for a Governmental Hospital's Executives
"Upon seeing the current age and service data of the initial group to be covered, Milliman recommended that only 'post-plan effective date service' be counted toward meeting the vesting requirements. This would allow a 'golden handcuff' feature to be attached to the program. Projections were illustrated under two different vesting schedules ... and three separate investment return scenarios ... This gave the client an idea of the variances in ultimate employer costs and benefits paid depending on their selection of plan design, vesting schedule, and investment return assumption under various 'actual' market conditions. The study included sensitivity analysis of selected assumptions on the cost projections and the consequences of variances between actual investment returns on any assets accumulated under the plan compared to assumed returns."
(Milliman)
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How the Same-Sex Marriage Ruling Impacts Employee Benefits
"There are a number of questions that will need to be answered in future guidance.... In the event any employee benefit plans require changes, what would be the effective date of the change? What deadline might apply to making such changes? Will new 'change in status' events be created for mid-year election changes to Section 125 cafeteria plans?"
(Ascende)
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