Retirement Plans Newsletter

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Employee Benefits Jobs

Defined Contribution Plan / 401k Plan Administrator
N.A. Falcone & Associates, Inc.
in PA

Regional Client Manager
Ameritas Life Insurance Corp.
in GA

401(k) Administrator
Pollard & Associates, Inc.
in MD

Assistant 401(k) Plan Administrator
Pollard & Associates, Inc.
in MD

Implementation Analyst
in TX

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Webcasts and Conferences

Special Briefing for Nonprofit Institutions: Retirement Plan Fee Litigation
September 14, 2016 WEBCAST
Nixon Peabody LLP

Special Briefing for Investment Advisors: Retirement Plan Fee Litigation
September 15, 2016 WEBCAST
Nixon Peabody LLP

Impact of Upcoming Election on Employee Benefits
September 22, 2016 in DC
Worldwide Employee Benefits Network [WEB] - Washington Metropolitan Chapter

Retirement Security in the New Economy: Access and Guarantees
September 23, 2016 in DC
Brookings Institution

2016 Fall Conference
September 23, 2016 in CA
Western Pension & Benefits Conference - Los Angeles Chapter

401(k) Beyond the Basics 08: ADP Testing Techniques
October 5, 2016 WEBCAST
FIS Relius Education

Partnerships and LLCs: The Problem Child [2016]
October 13, 2016 WEBCAST
FIS Relius Education

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[Official Guidance]

Text of IRS Form 8951: User Fee for Application for Voluntary Correction Program (PDF)
Fillable PDF form; revised Sept. 2016.
Internal Revenue Service [IRS]

[Advert.] - Compliance & Business Development ReSources

Sponsored by Burrmont Compliance Labs LLC

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[Guidance Overview]

IRS Allows 'Self-Service' 60-Day Rollover Waivers for Retirement Plan Distributions (PDF)
"If an indirect rollover does not occur within the required 60-day timeframe, IRS will now allow the affected individual to self-certify that they meet a 'hardship waiver' exception to the 60-day rule in a broad array of circumstances. Plan administrators and IRA trustees can then rely on the self-certification in deciding whether to accept a rollover contribution after the 60-day period ends."
Xerox HR Services

Texas Judge Rejects Most Support Briefs in DOL Fiduciary Litigation
"Just two out of an increasingly large pile of amicus briefs filed in relation to litigation seeking to halt the new DOL fiduciary rule will be considered -- both of them ostensibly pro-DOL in their argumentation."

Score One for 401(k) Fiduciaries: Excessive Fee Suit Against Chevron Dismissed
"The gist of the Chevron decision is that there is no one 'right' investment choice for all plans and no one type of investment is automatically 'wrong'. The decision affirmed two standards that should be applied in all fiduciary breach cases: [1] A fiduciary's decisions should not be reviewed with 20-20 hindsight, but in light of circumstances at the time the decision was made; and [2] Fees are important, but fiduciaries can and should consider factors other than fees in selecting investments." [White v. Chevron, No. 16-0793 (N.D. Ca. Aug. 29, 2016)]
Cohen & Buckmann pc

Q&As About Active Spin-off Terminations for DB Plan Sponsors
"Plan sponsors who have the cash and are willing to prioritize it can get an outsized return from the active spin off termination. Because actives tend to be the youngest plan participants, the liabilities related to them are usually more sensitive to interest rate changes, making them a much riskier group for plan sponsors than retirees. So the active spin/ termination allows sponsors to shrink their liability and risk, and in many cases at a very attractive cost."


Safe Harbor 401(k) Plans - Sept. 28 webinar

Sponsored by Lorman and BenefitsLink

This webinar will provide a comprehensive overview of safe harbor 401(k) plans, including various design options, notice and contribution requirements, automatic contribution arrangements, plus common mistakes and how to fix them.

California Legislature Greenlights Retirement Plan for Private Sector Workers
"Seven million working Californians who do not have a retirement plan through their employer would automatically be enrolled in a savings plan under a bill headed to Gov. Jerry Brown.... The bill ... passed the Senate on Wednesday in a 27-12 vote after having previously been approved in the Assembly 47-23. The payroll deductions under California's plan would range from 2 percent to 5 percent and would increase by 1 percent each year unless changed by the employee."
San Francisco Chronicle

Retirement Readiness: Guiding Participants from Intent to Action
"[W]hile participants recognize the need to get on track, many are still not on a path to a secure retirement. Plan sponsors have an opportunity to help strengthen their 401(k) plans and provide a necessary catalyst in 3 key ways. [1] Improve savings behavior ... [2] Simplify investment decisions ... [3] Allow inertia to work for participants."
J.P. Morgan Asset Management

The Effect of Information on Retirement Planning: Evidence from a Field Study
"This randomized field study shows that an information-based intervention increases reported retirement plan participation, emergency savings, and using a budget. Employees offered access to education increased actual retirement deferrals by $26 per month. These results suggest that retirement education programs may be an effective strategy to increase retirement planning and saving behavior."
J. Michael Collins and Carly Urban, via SSRN


The Decline of Pensions is Bad for Low-Income Workers
"The take-away from [two recent] studies is this: the move away from defined benefit pensions has been particularly bad for low-income workers. The authors of both reports advocate for auto-enrollment of workers in 401(k) plans, something that defined benefit pensions already have. Auto-enrollment eliminates the need for workers to choose to participate. With traditional pensions, they also don't have to decide how much to contribute and they don't have to make any investment decisions; those decisions are made by professionals."
National Public Pension Coalition

Executive Compensation and Nonqualified Plans

Preliminary Planning for the 2017 Proxy Season
"For those who want to start preparing for the 2017 proxy season, [here is a] preliminary list of important considerations ... [1] Directors' and officer's questionnaire ... [2] Say-on-Pay frequency vote ... [3] Non-GAAP financial measures ... [4] Pay ratio disclosures ... [5] Description of shareholder proposals on proxy cards ... [6] Form 10-K summary ... [7] Inline XBRL ... [8] Audit committee report ... [9] Identification of audit partner.", a blog by Stinson Leonard Street

Press Releases

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David Rhett Baker, J.D., Editor and Publisher
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BenefitsLink Retirement Plans Newsletter, ISSN no. 1536-9587. Copyright 2016, 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, 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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