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[Advert.]
Feeling Left Out? It's Time to Get "Ahead of the Curve"

This October the nation's retirement industry elite will converge in our nation's capital to get "Ahead of the Curve" with insights from industry insiders, regulators, pundits and the nation's leading voices. It's ASPPA Annual. Join us.
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Clearing a Path for State-Run Retirement Plans
"Many states have been active in this space, creating safe and secure savings opportunities for their workers.... But states have also expressed concern about a lack of clarity as to whether their efforts would be preempted or nullified by [ERISA]. Although the federal courts, not the [DOL], are the ultimate arbiter on that question, the department can try to help reduce the risk of litigation challenges to state retirement savings initiatives. The forthcoming guidance will safeguard worker retirement savings and offer pathways for states to adopt retirement savings programs that are consistent with federal law."
(U.S. Department of Labor [DOL] Blog)
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A Plan Sponsor's 401(k) Fiduciary Checklist
"As a fiduciary, plan sponsors are responsible for the following ... Here are some items to consider when selecting a plan service provider to take over some or all of the plan sponsor's fiduciary responsibilities ... And here are some warning signs[.]"
(Society for Human Resource Management [SHRM])
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The Hidden Risks of Employee Benefit Plan Audits
"Failure to make sure that an employee benefit plan audit is done properly may spawn personal liability for a plan sponsor's officers -- including the CFO.... Finance chiefs would do well to get a firm grasp of the responsibility plan sponsors have concerning EBP audits and stay in touch with the process from preparation through conclusion, zeroing in on such issues as the timely remittance of contributions, the testing of demographic data, and hardship withdrawals."
(CFO)
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Money Market Reform: An Update for Defined Contribution Plans (PDF)
"SEC money market reform provides a strong impetus for plans with a prime money market fund to reevaluate the option. In addition to the impact of potential gate and fee provisions on a plan participant, plan sponsors should consider the operational complexities of implementing gates and fees and more arcane issues such as how a plan's forfeiture account is invested[.]"
(Rocaton Investment Advisors, LLC)
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[Advert.]
SPARK Forum - November 8-10, 2015 -- The Breakers, Palm Beach, FL

Join us at the retirement services industry's leading event for top marketing, sales, administration and record keeping professionals. Comprehensive agenda to meet the needs of 401(k) Plan Providers, Financial Advisors and Third Party Administrators.
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Would Have, Could Have -- Applying the Fiduciary Duty of Prudence
"The 4th Circuit explained that the test was not whether a prudent fiduciary COULD have made the same decision; it was whether a prudent fiduciary WOULD have made the same decision....[T]his case emphasizes the importance of ensuring that the process by which fiduciary decisions are made is prudent, and the need to thoroughly document that process. No one expects plan fiduciaries to be clairvoyant, but they need to be consistently asking themselves, 'How would a prudent fiduciary approach this decision?' " [Tatum v. RJR Pension Investment Comm., No. 13-1360 (4th Cir. Aug. 4, 2014; cert. denied June 29, 2015)]
(Pension Consultants, Inc.)
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[Opinion]
DOL's Proposed Best Interest Contract Exemption: How the Murky Provisions on IRA Rollovers Should Be Clarified
"For RIAs, the change that would best fit this bill is for the rule to more clearly distinguish the special obligations attendant to advice on rollovers versus advice that involves ongoing conflicts of interest associated with variable compensation. As proposed, the rule conflates these two issues by attempting to address them both under the proposed 'Best Interest Contract Exemption' (BICE). Differentiating the two would not only make the rule clearer and more practical, it would also settle currently murky regulations governing rollover advice."
(Investment News)
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Benefits in General; Executive Compensation
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Legislation Would Extend Provision for Using Surplus Pension Funding
"[MAP-21] included a provision extending the ability of employers to transfer excess pension assets to fund retiree health benefits and expanding the provision to allow transfers for retiree life insurance. H.R. 3038, the 'Highway and Transportation Funding Act of 2015,' would extend the time period for using these excess assets from 2021 to 2025 to pay for retiree medical accounts and retiree life insurance."
(planadviser)
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Ten Years Later, Employers Still Striving for a '409A+' (PDF)
"If a severance arrangement is entirely or partially subject to Section 409A ... the payout trigger must be one of the enumerated permissible triggers under Section 409A.... There are a number of benefits that companies offer in [severance] packages that can be subject to Section 409A -- for example, continued health coverage, enhanced severance paid to provide consideration for a release, payment for a noncompete or other restrictive covenants, an allowance to an expat for the return to his or her home country or other moving or relocation assistance, the ability to buy a company-provided car at cost, amounts paid in lieu of annual bonuses or long- term incentives, outplacement, and amounts paid in lieu of contributions to a retirement plan."
(Sutherland Asbill & Brennan LLP)
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[Opinion]
DOL Shatters the American Dream
"The practical effect of [Administrator's Interpretation 2015-1] will be to deprive many individuals of the freedom to be self-employed.... This new Interpretation affects every employer utilizing the services of independent contractors. The potential adverse consequences of misclassification can be severe. An employer confronted with an adverse DOL decision may be liable for payroll taxes, overtime payments, and other taxes and back benefits for a period of two or more years."
(The Lowenbaum Partnership, LLC)
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