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BenefitsLink Retirement Plans Newsletter

October 21, 2011

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Employee Benefits Jobs

Relius Daily Trading Record keeper
for Billings and Company, Inc. in ANY STATE

Enrolled Actuary
for Alliance Pension Consultants, LLC in IL

Compliance Specialist
for ERISA Pros, LLC in GA

Pension Administrator
for Jack A. Cross & Associates, Inc. in CA

Relationship Manager
for New York Life Retirement Plan Services in MA

Product Marketing Manager
for New York Life Retirement Plan Services in MA

Manager, Strategic Database Administration & Training
for Prudential in CT

Employee Benefits Attorney
for Harter Secrest & Emery LLP in NY

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Webcasts and Conferences

"Advanced Plan Design Workshop 2011" - A 3-part Web Seminar Nationwide on November 14, 2011 presented by SunGard Relius

"Pre-approved Plans: What You Can and Cannot Do" Web Seminar Nationwide on November 7, 2011 presented by SunGard Relius

"The Service Provider Fee Regs - Who, What, Why, and When" Web Seminar - Encore Presentation Nationwide on November 22, 2011 presented by SunGard Relius

[Official Guidance]
IRS Determination Letter User Fee Exemptions
"Notice 2011–86 (October 20, 2011) treats an eligible employer's determination letter application as having been filed by the last day of the plan's remedial amendment period beginning within the first five plan years if . . . ." (U.S. Internal Revenue Service)

Advance Your Career with ASPPA this Fall [Advert.]

Sponsored by ASPPA

Whether working towards an ASPPA credential or just growing knowledge in specific areas, ASPPA exams offer CPE credits (valid for ASPPA, JBEA and ERPA). Proctored exam window is open November 1 to December 14 - register early and have time to prepare.


[Guidance Overview]
What's the Impact of 2012 IRS Retirement Plan Limits?
"[W]e're finally going to see some (very) modest increases after 3 years of flat rates. What does it all mean for employer-sponsored retirement plans? This post analyzes the practical effects for both [DC] and [DB] plans, followed by a table summarizing the limit changes." (Van Iwaarden Associates)
[Guidance Overview]
Selected Pension Plan Limitations for 2007–2012 (PDF)
Elective Deferral Limit for 401(k), 403(b) and 457(b) Plans will increase to $17,000 for 2012. (Transamerica Center for Retirement Studies)
[Guidance Overview]
Plan Sponsor Considerations in Choosing a Target-Date Fund (PDF)
"[The article covers s]ome considerations for sponsors as they include TDFs in their plans: required disclosures, communications, and ongoing benchmarking." (Milliman, Inc.)

Join the Nation's Top Retirement Services Professionals at SPARK [Advert.]

Sponsored by SPARK (Society of Professional Asset-Managers and Record Keepers)

Gain insights into the latest industry trends; participate in interactive sessions on marketing, operations, investments and distribution issues; and network with marketing, sales, administration and recordkeeping professionals. 2011 SPARK Forum


[Guidance Overview]
IRS Revenue Ruling 2011–7 Clarifies Plan Termination Rules (PDF)
"The [IRS issued the Revenue Ruling] in early 2011, providing additional guidance on how to successfully terminate ERISA and non-ERISA 403(b) plans using individual and group annuity contracts as well as individual and group custodial accounts as funding vehicles." (Massachusetts Mutual Life Insurance Company)
[Guidance Overview]
GASB 25 Exposure Draft on Financial Reporting for Public Pension Plans: A Detailed Advisory (PDF)
"The exposure drafts propose significant changes in the financial reporting for pension plans, and even more significant changes in the reporting by employers. The changes may have a significant impact on the administrative costs of the pension plan." (Cheiron, Inc.)
[Guidance Overview]
Second Circuit Adopts Moench Presumption for Plans Mandating Investment in Employer Stock
"The US Court of Appeals for the Second Circuit held in Gray v. Citigroup, Inc. that where plan language mandates an employer stock fund, the plan fiduciaries are entitled to a presumption of prudence; and their actions should be reviewed, using an abuse of discretion standard in allowing participants to continue to invest in the fund after a significant drop in price." (Practical Law Company)
[Guidance Overview]
Updated Chart of IRS and Social Security Limits Reflects 2012 Limits
For the first time since 2009, the limitations on retirement plans and Social Security contributions have been raised. Chart shows the new limits for 2012. (Calhoun Law Group, P.C.)

Investment Limit for Thrift Savings Plan to Rise, IRS Says
"Employees will now be able to contribute up to $17,000 to the plan." (The Washington Post; free registration required)

Cost of Fiduciary Liability Insurance May Rise in 2012: What Trustees of Multiemployer Plans Can Do to Prepare (PDF)
"All signs of upcoming increases in fiduciary liability insurance - from insurance carriers quoting increasing premiums and becoming more selective about the coverage on which they will quote, to the new laws, additional regulations, and judicial decisions that are putting pressure on premium costs — are discussed." (The Segal Group, Inc.)

DOL Wins Right to Distribute Assets of Orphaned Retirement Plan
"[DOL] obtained a default judgment from the federal district court in Minneapolis allowing it to distribute $1.35 mil.lion from the defunct Northland Inn 401(k) plan." (PLANSPONSOR.COM)

Orange County Employees Retirement System Board Approves Assumption Changes for Valuation
"The valuation establishes OCERS's funding requirements for each fiscal year." (PLANSPONSOR.COM)

The Current State of Retirement Document Drafting (PDF)
"This article [includes] an overview of IRS-recognized document types and recommendations for improvement to the IRS determination letter program. Suggestions include allowing new types of plans into the pre-approval program and modifying the required interim amendment procedures. The article also discusses when to request a determination letter and provides general drafting tips." (Wolters Kluwer Law & Business / CCH)

DOL Investigations with Broker-Dealers and RIAs as Targets (PDF)
"This article discusses the background that led to the creation of CAP, the issues that financial advisers need to focus on and steps they may wish to take now to avoid liability exposure under ERISA." (Drinker Biddle & Reath LLP)

Social Security Benefits to Increase 3.6% in 2012 (PDF)
"The 2012 Social Security cost-of-living percentage increase will be 3.6%, and will first apply to December 2011 benefits payable in January 2012." (Buck Consultants, LLC)

Curtailing Early Retirement in Federal Government
"With regard to the term 'early retirement,' it's important to know the context in which it is being used." (Government Executive)

Defined Benefit Pension Plans at Risk
"Pension plans sponsored by the S&P 1500 companies have an aggregate deficit of $512 bil.lion and a funded ratio, again in the aggregate, of just 72%, according to consulting firm Mercer. And that funded ratio, as of month end September, represents a post-World War II low." (MarketWatch, Inc.)

[Opinion]
GASB Disclosure Rules Could Inject Truth Serum into Public Pension Projections
"[GASB's] proposed new pension accounting rules will require annual disclosure of a pension fund's asset mix and its expected rate of investment return by asset class (stocks, bonds, international, real estate, etc.)." (Governing)
[Opinion]
Fort Worth Pension May Look Great, but Hold on to Your Wallets
"If the fund takes a beating on Wall Street, if policemen retire early with higher pay (thank you, overtime), and if retirees live longer — all of which happened — there's a big hole. And the city has to fill it. That sounds like a government bailout to me, except that it's not just a one-time hit. The most painful expense is the additional $35 mil.lion per year that goes on for as long as Fort Worth does." (Fort Worth Star-Telegram)

Benefits in General; Executive Compensation

Institutional Shareholder Services Inc. Draft 2012 Policy Changes (PDF)
"On October 18, ISS issued draft policy changes for the 2012 proxy season for public comment. Four changes to its U.S. executive compensation policies were proposed, one of which affects ISS' evaluation of pay-for-performance alignment and will have significant implications for public corporations." (Frederic W. Cook & Co., Inc.)

IRS Announces Key Benefit Plan Limits for 2012 (PDF)
"The IRS has issued . . . the retirement plan limits for 2012, and [the] 2012 limits for qualified transportation fringe benefits, adoption assistance programs, long-term care products, and medical savings accounts." (Buck Consultants, LLC)

2011 Private Company Equity Compensation Survey Results
There are many equity compensation surveys for public companies, but almost none for closely held companies, and these focus just on executive equity in single industries or pre-IPO companies. The NCEO Private Company Equity Survey fills this gap. It is based on 201 completed surveys from private companies with equity plans and 32 responses from service providers in a separate survey designed to corroborate the broader survey results. (National Center for Employee Ownership (NCEO))



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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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