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BenefitsLink Retirement Plans Newsletter

July 29, 2011

Employee Benefits Jobs

Retirement Products and Services Officer
for First Merchants Bank in IN

Retirement Plan Administrator
for Locally Based Accounting Firm in IN

Welfare Fund Manager
for Taft-Hartley Welfare Fund in NY

Benefit Counselor
for Univers Workplace Solutions in CA

401K/Pension Administrator
for Benefit & Risk Management Services, Inc. in CA

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Webcasts and Conferences

Bringing Spanish Speakers on Board with Benefits Webcast Nationwide on August 9, 2011 presented by HRcertification.com

Health Care Fraud - Disasters, Impact, Solutions Webcast Nationwide on August 4, 2011 presented by International Foundation of Employee Benefit Plans

[Official Guidance]
Technical Removal of PBGC Reg on Disclosure to Participants (PDF)
"Prior to the effective date of the statutory change, section 4011 of ERISA required certain underfunded plans to notify participants of plan funding status and the limits on the Pension Benefit Guaranty Corporation?s guarantee. The Pension Protection Act of 2006 repealed section 4011 for plan years beginning after 2006 and replaced the disclosure requirement under that section with a disclosure requirement under Title I of ERISA." (Pension Benefit Guaranty Corporation)

The biggest event of the year! [Advert.]

Sponsored by ASPPA

70+ interactive sessions on hot topics shaping the industry, meet with your Member of Congress, earn up to 25 ASPPA CPE credits/23 ERPA and JBEA CPE credits, 80+ displays in the exhibit hall and much more! Early birds save up to $500 on registration.


Wall Street Not Happy Labor Department Planning to Expand Its Oversight of Retirement Plans
"Under proposed rules, the agency would apply what is known as the fiduciary-duty standard among a wider pool of brokers and financial advisers who provide investment advice for a fee to retirement plans and IRA holders." (The Wall Street Journal)

Urban Institute Video/Commentary on Automatic IRAs
"[A senior research associate at the Income and Benefits Policy Center] explains the reasons why many older Americans aren't financially prepared for retirement, how establishing automatic IRAs can help, and other measures policymakers can take to improve retirement security for their constituents." (Urban Institute)

Cerulli Research Identifies Niche Retirement Market Opportunities
"[T]he niche markets, of which Cerulli identifies six, currently represent only $1 tril.lion." (PLANSPONSOR.COM)

Presentation: How the 401(k) System Is Succeeding in Helping Working Americans Achieve a Financially Secure Retirement
"There have been some lawsuits recently premised on the notion that large plans shouldn't be using mutual funds, and that plan fiduciaries are in error if they select so-called 'retail' share classes of funds for their plans. We have vigorously countered those arguments in 'friend of the court' briefs and have demonstrated that a wide range of plans with assets exceeding $1 bil.lion offer their participants mutual funds as investment options—with great success." (Investment Company Institute)

PBGC Semiannual Regulatory Agenda Addresses Cash Balance Plans, Missing Participants, and Airline Plans
"The items slated for Long-Term Actions include the following: Assessment of and relief from information penalties. A proposed rule to amend the PBGC's regulation on Payment of Premiums (29 CFR part 4007). A proposed amendment to the PBGC's benefit valuation and asset allocation regulations." (Wolters Kluwer Law & Business - CCH)

EBSA Semiannual Regulatory Agenda Addresses Electronic Disclosures, Fee Disclosures, Definition of 'Fiduciary'
"EBSA has decided to review the current regulatory standards for the electronic distribution of disclosures required by Title 1 of ERISA. The review will take into account current technology, best practices and the need to protect the rights and interests of employee benefit plan participants and beneficiaries." (Wolters Kluwer Law & Business)

Hearing on 'The Thrift Savings Plan: Helping Federal Employees Achieve Retirement Security'
Hearing held July 27, 2011; includes links to archived webcast and written testimonies. (U.S. House of Representatives, Committee on Oversight and Government Reform, Subcommittee on Federal Workforce, U.S. Postal Service, and Labor Policy)

The Revenue Demands of Public Employee Pension Promises (PDF)
"We calculate the increases in state and local revenues required to achieve full funding of state and local pension systems in the U.S. over the next 30 years." (University of Rochester / Northwestern University, Kellogg School of Management:)

Many DB Participants Lack Knowledge About Their Plans, According to Survey
"About 71% of those participants were not aware of how their plan worked, with 31% not aware of how their plans' vesting schedule works . . . ." (Business Insurance)

House OKs Collective Trust Investments by 403(b) Church Plans
"Churches maintaining 'retirement income accounts' under Code Section 403(b)(9) would be allowed to invest in collective trusts offered by banks and trust companies under a bill passed by the House July 19. The 'Church Plan Investment Clarification Act' (HR 33) would broaden and clarify a necessary exemption from the Securities Act of 1933." (Mercer LLC)

Some Pension Consultants Must Withdraw from SEC Registration and Register with States
"Consultants advising pension or other employee benefit plans with aggregate assets of $50–$200 mil.lion must withdraw from SEC registration and register with one or more states, according to a final SEC rule generally effective Sept. 19." (Mercer LLC)

Pension Plan Must Honor Domestic Relations Order for 'Sham' Divorce, 5th Circuit Rules
"By getting divorced, nine pilots were able to obtain state court orders assigning their spouses up to 100% of their pension, payable as an immediate lump sum (while the pilots continued to work). After the spouses were paid, the couples remarried." (Mercer LLC)

The Retirement Readiness Challenge: Measure What Matters
"As a practical example, we'd like to summarize data from one of our Retirement Readiness Challenges, which happens to be a company with a relatively young employee population. We used the company's actual data to calculate its baseline RRC. The key observation was that only 9% of its employees were on track to hit the retirement readiness target. To improve this result, we modeled three different options." (Milliman, Inc.)

[Opinion]
American Benefits Council Letter to IRS Regarding Puerto Rican Plan Issues (PDF)
"The [Council would like to commend the Treasury Department and the IRS] for issuing Rev. Rul. 2011–1 which provided certain transitional relief for Puerto Rico plans participating in group trusts and an extension of time to effectuate tax-free spinoffs as permitted under Rev. Rul. 2008–40." (American Benefits Council)

Access to Benefits in Private Industry, March 2011
"Paid leave benefits continued to be the most widely available benefit offered by employers, with paid vacations available to 77 percent of all workers in private industry, and 91 percent of full-time private industry workers." (U.S. Bureau of Labor Statistics)

Benefits in General; Executive Compensation

Home Equity in Retirement
"Retired homeowners dissave more slowly than renters, which suggests that homeownership affects retirees' saving decisions. We investigate empirically and theoretically the life-cycle patterns of housing and total assets in retirement." (Social Science Research Network)

Workers Want Additional Perks during Summer, According to Survey
"Specifically, the majority of respondents (60%) said they want flex time (e.g. Summer Fridays or ability to leave early on certain days) and 53% said they'd like extra vacation days this summer." (PLANSPONSOR.COM)

ESOP and 401(k) Plan Employer Stock Litigation Review 1990-2011
This publication categorizes decisions in ESOP and 401(k) company stock cases from 1990 through mid-2011 and provides brief summaries for the ESOP-related decisions and, starting in 2010, most 401(k) cases. Over 300 decisions are included, including 23 new ESOP cases and 34 401(k) cases added since the 2010 edition. (National Center for Employee Ownership)



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Jeanette Hull, News Editor
David Rhett Baker, J.D., Editor and Publisher
Lois Baker, J.D., President
Holly Horton, Business Manager

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