Retirement Plans Newsletter

September 7, 2016

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Employee Benefits Jobs

Retirement Plan Consultant/Specialist
Associated Pension Consultants
in CA

DC Plan Administrator
Small Independent TPA Firm
in IN

401(k) Administrator
Capital Retirement Plan Services, Inc.
in PA

401(k) Relationship Manager
MVP Plan Administrators, Inc.
Telecommute

Distribution and Loan Processor
JM Pension Advisory, Inc.
in MD

ASC Defined Benefit Software Support Actuary
Actuarial Systems Corporation
in CA, FL, Telecommute

Pension Actuary
AKT Retirement Plan Services
in OR

Plan Administration, Documentation and Implementation Specialist
Actuarial Consultants, Inc.
in CA

Director, Account Management
Lincoln Financial Group
in IL, IN

Institutional Wealth Relationship Manager IV
BOK Financial
in TX

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Webcasts and Conferences

Health Plan Dependent Eligibility Audits: Potential Benefits and Best Practices
September 7, 2016 WEBCAST
HRWebAdvisor

Putting the Investment Policy Statement at the Center of Your Fiduciary Process
September 13, 2016 WEBCAST
fi360

It's Groundhog Day - Let's Do The ACA Again
September 15, 2016 WEBCAST
PlanSource

Retirement Plan Enrollment and Termination Issues – Beyond Scratching the Surface
September 27, 2016 WEBCAST
Trucker Huss

Financial Principles Applied to the Management of Public Pension Plans
September 27, 2016 WEBCAST
Society of Actuaries

Five Ways to Control Costs in Your Employee Health Benefit Plan Contracts
September 29, 2016 WEBCAST
International Foundation of Employee Benefit Plans [IFEBP]

Perils of CEO Pay Ratio Disclosure
October 5, 2016 in MA
Choate, Hall & Stewart LLP

Designer Defenses: What You Can Do Today to Prevent Benefits Litigation Tomorrow
October 6, 2016 WEBCAST
Jackson Lewis LLP

HIPAA Compliance Boot Camp
December 9, 2016 WEBCAST
National Business Institute

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[Guidance Overview]

New IRS Guidance on Downsized Determination Letter Program (PDF)
"[This article describes] key changes made by [Rev. Proc. 2016-37], including changes applicable to all [individually designed plans (IDPs)] generally. (IDPs generally include all single employer plans -- as well as multiemployer plans and multiple employer plans -- that are not pre-approved plans.) [It also highlights] special rules applicable to IDPs maintained by governmental and tax-exempt entities and ... covers expected changes for pre- approved plans."
Groom Law Group, via Bloomberg Pension & Benefits Daily

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Sponsored by International Foundation of Employee Benefit Plans [IFEBP]

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[Guidance Overview]

What Will The the New Fiduciary Rules Mean for Retirement Plan Sponsors?
"While the rules have little direct impact on employers who sponsor retirement plans -- plan sponsors were generally fiduciaries of their plans before, and will remain so under the newest guidance -- the new rules may cause sweeping changes in the way the financial industry provides services to retirement plans and participants. Those industry changes may be positive or negative, depending on a plan sponsor's current service relationships and perspective."
Frost Brown Todd LLC

[Guidance Overview]

The Work Behind BICE Paperwork: What You Will Actually Need to Do (PDF)
22 pages. "Contract terms are easily violated without an infrastructure to enable and to demonstrate compliance.... To win a BICE lawsuit claiming the client's best interests were breached, the Financial Institution or Adviser must be able to show that a recommendation (which may have lost money) was in the client's best interest at the time it was made! ... This paper summarizes the activities necessary to support the commitments, promises and disclosures required for those who choose to enter into a best interest contract."
DALBAR

IRS Provides for Late Rollover Relief, But Is It Good Enough?
"Because the self-certification does not serve as an automatic waiver upon which the taxpayer can rely should the IRS later open up an examination and assert interest and penalties, some taxpayers may feel more comfortable directly applying for a waiver ruling request. For example, what exactly does it mean to be 'seriously ill' enough for the IRS to grant a waiver? Does this encompass mental as well as physical illnesses?"
Bloomberg BNA

Study Shows ROI from Financial Wellness Programs
"An analysis of retirement plan contribution rates found that employees that improve their financial wellness score from 4 to 6, on a 10-point scale, could potentially improve their retirement plan balance by more than 27%."
PLANSPONSOR

[Advert.]

Things Have Changed – Are You Up-To-Date?

Sponsored by ASPPA

Keep up to date on the latest rules and regulations with the ERISA Outline Book, THE resource for information on qualified plans. Choose from two great formats; hardcopy or online, including access to a fully searchable and cross-referenced website.


In New Wrinkle, ERISA Complaint Centers on Failure to Offer Yield-Chasing Money Market Alternative
"Edward Jones didn't give its employees the chief tool that they needed to chase higher yields in a chronically low-yield environment, alleges a major new ERISA lawsuit brought by Edward Jones's employees. The [company] ... failed to put stable funds on the investment menu, leaving plan participants little choice but to funnel safe, liquid assets into a money market fund ... That money fund paid out virtually nothing over a period of years but did enrich Edward Jones, according to the suit filed on behalf of 38,000 participants[.]"
RIABiz

Is Human 401(k) Advice More Expensive Than Robo Advice? You Might Be Surprised
"Generally speaking, passively-managed funds are less expensive than actively-managed funds. Every robo 401k provider ... uses passively-managed investments. That said, the cost of robo investment advice should be compared to fiduciary-grade human advice using similar funds. Too often, it's not -- it's compared to non-fiduciary advice using more expensive actively-managed funds."
Employee Fiduciary

Examining Plan-Paid Fees in the World of Participant Lawsuits
"The fact that law firms are out there scouring retirement plans looking for any signs of weakness should be enough to scare plan fiduciaries into action. It is critical that all fiduciaries review their plan fees, understand the components that make up those fees, and be able to justify those costs."
Frenkel Benefits

Perspectives of Defined Contribution Plan Sponsors on Regulatory Developments (PDF)
12 pages. "A large majority of plan sponsors surveyed (85%) agree that the core purpose of a DC plan should be to serve as an income source during retirement.... Nearly all respondents (94%) report that they are at least somewhat knowledgeable overall about the focus by the DOL and Treasury over the last several years on strengthening Americans' retirement security through lifelong income solutions.... When asked about their familiarity with specific lifetime income regulatory actions taken by the DOL and Treasury, as well as those not yet finalized, about one-half to two-thirds of plan sponsors say they were at least somewhat familiar with each of the specific actions already taken."
MetLife

Why the Retirement Train Wrecked
"[L]ife expectancy at birth has increased from 47.3 years in 1900 to 68 years in 1950 to 78.2 years in 2009.... A second contributor has been the stagnation of middle class incomes over the past 30 years.... A third contributor to the train wreck is medical cost inflation.... A final contributor ... has been under-saving by Baby Boomers.... Corporations stopped pooling retirement risk for us and left us to handle it on our own. This put a tremendous savings burden on the middle class. Costs went up dramatically while incomes remained flat, so there wasn't much left to save. We enjoyed longer lifespans so retirement costs even more. Most of us had no idea this was transpiring."
The Retirement Cafe

Pension Plan Assets Fall as Payouts Rise
"Corporate pension plans in North America continued making large lump-sum payouts last year, helping push the total assets of the world's largest 300 pension plans down 3.4% in 2015, according to research by Willis Towers Watson. The decrease was the first in five years for the 300 plans, whose assets had steadily grown since the recession. The drop compares to an increase of the same amount -- 3.4% -- in 2014. The 300 private, public and sovereign pension funds hold a total of $14.8 trillion in assets, with about $6.5 trillion of that in North America."
The Wall Street Journal; subscription may be required

Benefits in General

Seasonal Workers May Affect Health and Retirement Benefit Obligations
"The number of seasonal workers you hire may impact whether your agency is subject to certain ACA obligations.... [S]easonal workers may be entitled to paid sick leave under California's Healthy Workplaces, Healthy Families Act.... [W]hen the employer hires an employee who is already a member of [the California Public Employees' Retirement System (CalPERS)], the employee must be enrolled in membership with the employer, even if a seasonal worker. In addition, if full-time employment has a fixed term of more than six months, or more than one-year for a part-time employment (an average of at least 20 hours per week), the employee is entitled to membership."
Liebert Cassidy Whitmore

Executive Compensation and Nonqualified Plans

NYSE Says Boards May Unilaterally Amend Equity Plans to Allow Maximum Withholding on Equity Awards
"As a result of the change in the accounting rules, many companies are considering amending their equity plan to allow the plan administrator discretion to withhold shares up to the maximum statutory withholding requirement, particularly in the case of an equity plan that provides for liberal share recycling ... Allowing for maximum share withholding (up to 39.6% for federal tax purposes) will have a cash outflow issue for a company."
Meridian Compensation Partners, LLC

Data Collection for Calculating CEO Pay Ratio
"For most companies, the first two steps will be to: [1] Take inventory of the number of employees in each country and total employees overall (excluding CEO).... [2] Consider the Company's circumstances and goals.... [C]ompanies should consider running the pay ratio calculation based on 2016 pay, as a 'dress rehearsal' to see how well their systems operate and get an idea of what the actual ratio will be."
Winston & Strawn LLP

Press Releases

PBGC to Pay Benefits at Vertellus Specialties Inc.
PBGC [Pension Benefit Guaranty Corporation]

NAPA Announces the Retirement Industry’s Top DC Wholesalers
National Association of Plan Advisors [NAPA]

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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 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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