Senators Grassley and Breaux introduced on June 20 the Pension Assistance and Counseling Act of 1997, S. 948. The bill followed the Special Committee on Aging hearing of June 16. The bill contains two key provisions: it updates the Older Americans Act to enourage the creation of pension counseling projects, ideally enough projects to provide regionally comprehensive assistance; and, it provides for the creation of an 800 number for people to call for one-stop advice on where to get assistance. In addition Senators Grassley and Breaux have written to Senator Specter, chairman of the Labor-HHS-Education Appropriations subcommittee, recommending $3 to $5 million in funding for pension counseling projects.
-Physician recruitment by tax-exempt organizations
-Hospital ordered to recognize union, halt reengineering plans
-Section 204(h) notice may be required for early retirement benefit reductions
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Despite their effectiveness as a benefits cost-saver and their popularity with employees, some employers still resist offering health flexible spending accounts (FSAs) because of their perceived risk.If you're having trouble selling FSAs to management, here's some ammunition from Jim Miller of Southern Administrators and Benefit Consultants, Inc. (Ridgeland, Miss.) and Sharon Alt of Employer Resource Network, Inc. (Fort Worth, Texas). Their tips were presented at last year's Employers' Council on Flexible Compensation/Cafeteria Plan Advisory Committee (ECFC/CPAC) conference in San Francisco:
You can't be cool if you're using outdated lingo. Here's the latest from the corporate jungles.
The ERISA Industry Committee (ERIC) has made available a portion of its World Wide Web site (http://www.eric.org/) to the public. While the the principal site is available only to ERIC's members, a wide variety of the organization's public documents are being posted to the public page.The ERISA Industry Committee (ERIC) is a non-profit association committed to the advancement of employee retirement, health, and welfare benefit plans of America's largest employers and is the only organization representing exclusively the employee benefits interests of major employers. ERIC's members provide comprehensive retirement, health care coverage and other economic security benefits directly to some 25 million active and retired workers and their families. The association has a strong interest in proposals affecting its members' ability to deliver those benefits, their cost and their effectiveness, as well as the role of those benefits in the American economy.
What's not to love about 401(k) retirement plans? Fill out a few forms, the pre-tax dollars go pouring in, and the magic of compounding takes over. The only real decision is figuring out which funds to put inside the plan--and that's not hard. Then you relax, knowing that your beloved 401(k) and its tax-deferred halo will protect your savings from Uncle Sam's grasp and make sure your money gets the best return possible.Don't get too comfortable. You may shortchange yourself by following the old rules of thumb. Recent studies show that the 401(k) is such a mighty investment vehicle that almost anyone can amass an impressive amount of savings, and that could mean a big tax bite when you cash in. What's more, you may be picking the wrong kind of mutual fund to put in your tax-deferred plan.
QUESTION 37: A reader asks: What is the "required" correction under the IRS' remedial programs for using incorrect compensation amounts when allocating a profit sharing contribution in a 401(k) plan?
On May 22, 1997, the Labor Department released two long-awaited advisory opinions addressing a number of ERISA issues raised where mutual funds pay administrative and other fees (including so-called "12b-1 fees") to banks, trust companies, pension consultants, recordkeepers and other service providers to 401(k) and other defined contribution plans. DOL Advisory Opinion 97-16A (May 22, 1997) (the "Aetna Opinion") and 97-15A (May 22, 1997) (the "Frost National Bank Opinion"). Together, these two advisory opinions favorably resolve the key question presented by "alliances" and other bundled services arrangements that combine trust and custodial services, administrative services, and mutual funds as plan investment options, by explaining that, so long as a fiduciary does not exercise any authority or control to "cause" a plan to invest in a mutual fund, the fiduciary will not violate the anti-kickback prohibition under ERISA §406(b)(3) by receiving fees from mutual funds in connection with plan investments.Importantly, Labor Department staff has confirmed that the analysis applies to directed (or non-discretionary) trustees as well as to recordkeepers and other service providers. Therefore, as long as a directed trustee does not exercise any fiduciary authority or control to cause plan investments in mutual funds, or provide investment advice (of the type that results in fiduciary status) in connection with a plan's investment in mutual funds, the directed trustee would not violate ERISA §406(b)(3) by receiving fees from mutual funds in connection with plan investments.