Retirement Plans Newsletter

August 5, 2016

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Employee Benefits Jobs

401(k) Conversion/ Installation Specialist
Professional Capital Services
in PA

Pension Consultant Administrator
Growing TPA Firm
in CT

Pension Administrator
Pension Planners, Inc.
in FL

Director of Accounting
Chicago Laborers' Pension and Welfare Office
in IL

Implementation Account Manager
Nova 401(k) Associates
in AZ, TX, Telecommute

ERISA Attorney
Smith & Downey, P.A.
in MD

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Webcasts and Conferences

Successfully Implement A Full Replacement Consumer Driven Health Plan
August 30, 2016 in TX
Worldwide Employee Benefits Network [WEB] - Dallas Chapter

Open Enrollment is Coming - Is Your Health Plan Up to Date?
September 15, 2016 WEBCAST
ABA Joint Committee on Employee Benefits [JCEB]

ACA Employer Reporting Update for 2016: What Is New and What Has Changed
October 18, 2016 WEBCAST
HRWebAdvisor

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[Guidance Overview]

Insured Retirement Institute FAQ for Financial Advisors on the DOL Fiduciary Rule
14 pages. "This compilation of frequently asked questions (FAQ) was developed by the Insured Retirement Institute (IRI) to provide general information for financial advisors about the U.S. [DOL]'s recently adopted fiduciary rule (sometimes referred to as the 'conflicts of interest' rule)."
Insured Retirement Institute [IRI]

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Neuberger Berman Sued by Employees for Excessive 401(k) Fees
"Neuberger Berman, an investment manager with $246 billion in assets under management, has been sued by participants in the company's 401(k) plan for alleged self-dealing, whereby the firm offered a high-fee, poorly performing proprietary fund in the plan for its own profit.... The lawsuit fits with the broad theme of employees of financial services companies suing over proprietary investments in their 401(k) plans ... Several have been targeted just within the past two months." [Bekker v. Neuberger Berman, No. 16-06123 (S.D.N.J., complaint filed Aug. 2, 2016)]
Pensions & Investments

Is Using Active Investment Management a Fiduciary Breach? Part 3
"[This article examines the claim that] funds with a high level of manager ownership ... is an indicator of likely superior -- index-beating -- return capabilities.... [The authors found that] 53% of funds with at least $500,000 of manager conviction invested in their funds failed to earn a grade of D- against the S&P 500 over 11 periods covering 20-to-30 years of comparative performance.... [Not] a clear signpost for anyone seeking to reduce the chances of selecting managers who underperform."
Fiduciary Plan Governance, LLC

The 35th Anniversary of the 401(k)
"This year marked two significant anniversaries in the retirement savings space. It's the 35th anniversary of the 401(k) plan and the 10th anniversary of the Pension Protection Act. What have all these changes and evolutions meant for retirement savers and the 401(k)?"
Investment Company Institute [ICI]

Clear Link Between Traditional IRAs and Rollovers
"Two new reports published by the Investment Company Institute (ICI) demonstrate that withdrawal activity is lower, equity holdings are higher, and investors tend to be younger in Roth [IRAs] than in traditional IRAs.... [At] year-end 2014, 31% of Roth IRA investors were younger than 40, compared with just 15% of traditional IRA investors."
planadviser

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What Happened to Private Sector Pensions?
"The driving force behind the decline in private sector pensions was a series of laws beginning in the 1980s. Three laws passed during the Reagan administration did the bulk of the damage: The Tax Equity and Fiscal Responsibility Act (1982), the Retirement Equity Act (1984), and the ... Single Employer Pension Plan Amendments Act (1986). By the 1990s, private sector pension plans were already becoming a thing of the past. The Pension Protection Act of 2006 further accelerated the decline of private pension plans."
National Public Pension Coalition

Iron Workers Retirees Get Temporary Reprieve from Pension Cuts
"Retired iron workers in Northeast Ohio will get a short reprieve before their pensions could be cut.... Cuts of monthly pensions by up to about half must be made for some retirees in order to make sure there's something left for everyone over time, the pension's trustees say. But the union fund's trustees late last week withdrew their government application for permission to make those cuts, and submitted a revised one instead."
Cleveland Plain Dealer

[Opinion]

Why Are Fees Our Only Focus?
"[T]here are other important factors besides fees alone that influence the account balances that workers will take with them into retirement. Some are partly or entirely within the control of the worker ... Tunnel-visioned preoccupation with minimizing fees, rather than promoting more aggressive saving and improving investing behavior or reducing 'leakage', can lead to retirement accounts that under-perform in the long run."
Todd Berghuis, for Ascensus

[Opinion]

Chicago: Are Pitchforks and Torches on the Way?
"[T]he sad reality is while these taxes might help at the margin, they're not going to make a big difference unless they are accompanied by a change in governance, higher contributions and a cut in benefits (get rid of inflation protection for a decade!). There's an even bigger problem ... chronic public pension deficits are deflationary."
Pension Pulse

Executive Compensation and Nonqualified Plans

[Guidance Overview]

Final Regs Eliminate Taxpayer Requirement to File Section 83(b) Election with Income Tax Return
"A taxpayer still is required to file the 83(b) election with the IRS no later than 30 days after the property is transferred. There are no exceptions to this timing requirement. A taxpayer also still is required to submit a copy of the 83(b) election to his or her employer."
Wilson Sonsini Goodrich & Rosati

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BenefitsLink Retirement Plans Newsletter, ISSN no. 1536-9587. Copyright 2016 BenefitsLink.com, Inc. 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.

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