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[Guidance Overview]
The Birth of the First-Ever IRS Pre-Approved 403(b) Plan Documents
"[E]mployers have maintained 403(b) plans beginning in 1959, well before 401(k) plans were even a glimmer in anyone's thoughts. Employers will, for the first time need to restate their plans to reflect a 'real' plan document ... The restatement period will be a three-year period ending on March 31, 2020. The IRS plans on issuing their approval letters (opinion letters for prototype plans and advisory letters for volume submitter plans) on the plans that have been submitted by March 31, 2017. Once the letters are issued, employers can start restating their plans."
National Tax-Deferred Savings Association [NTSA]
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[Advert.]
ftwilliam.com Webinar

Join Sarah Simoneaux on February 9th for a webinar discussion about the politics and policies affecting retirement plans including the impact of the recent elections on the retirement landscape. Register now!
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[Guidance Overview]
SEC Guidance Update and the DOL's Fiduciary Rule
"[SEC Update 2016-06] is focused on streamlining the process for Funds to implement the new options they are proposing. The new options themselves are intended to lessen the likelihood that routine compensation arrangements with financial intermediaries will run afoul of the DOL's [fiduciary rule]. As they seek to understand and advise their plan participants about these new Fund options, employers and plan-level fiduciaries can benefit from understanding the SEC's guidance on the submission and review process."
Spencer Fane
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[Guidance Overview]
IRS Proposed Regs Allow Use of Forfeitures to Make QNEC, QMAC, and Safe Harbor Contributions
"Until now, IRS regulations stated that those conditions were required to be met when QNECs and QMACs were contributed to a plan.... The IRS responded with proposed regulations that impose the special distribution and vesting requirements at the time QNECs and QMACs are allocated to participants' accounts, rather than when contributed to the plan."
Ascensus
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[Guidance Overview]
Proposed Amendments to the Retirement Plan Provisions of the Puerto Rico Internal Revenue Code
"HR 3 amends the Trust Act to provide enhanced protection of trust assets, incorporate the concept of 'retirement plan trust', protect the surviving spouse of a retirement plan participant, and reduce uncertainty and litigation when there is a change in trustee. HR 3 also amends the PR Code to ease the establishment of retirement plans in Puerto Rico, particularly by small employers and owner-employees."
McConnell Valdes
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[Guidance Overview]
New California Law Requires Public Pension and Retirement Systems to Disclose Compensation and Expenses
"[S]tarting January 1, 2017, each California public pension and retirement system ... must require vehicles in which the system has made 'alternative investments' to provide certain information related to those alternative investments, including information regarding fees and expenses borne directly or indirectly by the system, and investment performance. Each California public pension and retirement system must also disclose this information, at least annually, at a public meeting."
Sidley Austin LLP
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401(k) ERISA Compliance Calendar, 2017
"The 2017 Retirement Plan Compliance Calendar highlights critical compliance deadlines for defined contribution retirement plans."
Cammack Retirement Group
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Schwab Sued Over Cost of Its 401(k) Investment Options
"The lawsuit, filed Jan. 19 in U.S. District Court in San Francisco, contended that the executives breached their fiduciary duties, saying they 'imprudently and disloyally larded the plan with unnecessary, expensive and poorly performing investment products and services.' "
Pensions & Investments
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Peering Through the Fiduciary Rule's Uncertainty
"A direct order from President Trump regarding the fiduciary rule could be forthcoming imminently, and that is likely what it would take for the fiduciary rulemaking to truly be paused or killed outright at DOL."
PLANSPONSOR
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A Better Methodology for Monitoring Target Date Funds, 2017
"The substantial growth in TDFs tracks a course similar to the evolution in plan design, as plan sponsors shift their retirement savings philosophy from an accumulation focus, with most retirement decisions driven by participants, to a retirement readiness focus, with retirement savings driven, to a greater extent, by plan design and investment strategies.... Although the responsibility for saving enough to meet retirement income still falls, in large part, on the participant in a defined contribution plan, plan design and investment strategies continue to evolve in ways that help drive successful participant outcomes."
Cammack Retirement Group
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The Next Step for 401(k) Innovation: Auto-Portability
"Retirement plan owners with small balances need a simple, easy means to bring assets to their next employer's 401(k), experts say.... While the notion has been percolating for some time, a growing body of research is highlighting the benefits of consolidating employee assets so they can better grow their retirement nest eggs."
Institutional Investor
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2016 Pension Plan Report Card: Mostly Above Average
"Unlike the last few years, no major pension legislation was passed during 2016. We did see proposed regulations for incorporating new mortality tables into minimum funding, PBGC, and lump sum calculations. One significant theme in 2016 was risk transfers. This article reviews how the economic changes along with legislative and industry updates will shape the corporate pension plan landscape going into 2017."
P-Solve LLC
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CalPERS Explains Impact to Employer Contributions Due to Reduction in the Assumed Rate of Return
"The result is two-fold: an increase in the normal cost of pension benefits and an increase in the unfunded accrued liability (UAL). This not only means an increase in employer contributions, but for those employees who are 'new members' under the Public Employees' Pension Reform Act of 2013 (PEPRA), they too will see an increase in member contribution rates as these members are required by law to pay 50% of the normal cost of their retirement benefits."
Liebert Cassidy Whitmore
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[Opinion]
Target Date Funds and the Circular Reference Problem
"there is one structural challenge for the TDF sector, to which nobody has yet come up with a really satisfying solution. This is the problem of keeping providers' focus on the true end goal when the most immediate competitive pressure they face is to outperform their peers.... The best short-term performance -- and the best chance of winning new assets -- is achieved by those with the right tactical biases, not by those with the best long-term strategy.... [T]he industry needs to be diligent in keeping allocations focused on what's suited to the long-term goal, not just on performance league tables and peer-relative positioning."
Russell Investments
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Benefits in General
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Executive Compensation and Nonqualified Plans
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[Guidance Overview]
Text of IRS Audit Techniques Guide: Golden Parachute Payments (PDF)
10 pages. "The parachute examination can occur during the examination of either the corporation's or the individual's return. As the examination begins and throughout its course, [certain] items should be considered[.]"
Internal Revenue Service [IRS]
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Press Releases
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BenefitsLink.com, Inc.
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Winter Park, Florida 32789
(407) 644-4146
Lois Baker, J.D., President
David Rhett Baker, J.D., Editor and Publisher
Holly Horton, Business Manager
BenefitsLink Retirement Plans Newsletter, ISSN no. 1536-9587. Copyright 2017 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 those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.
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