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BenefitsLink Retirement Plans Newsletter

February 12, 2014

Employee Benefits Jobs

WTRIS Relationship Manager I
Wilmington Trust, an affiliate of M&T Bank
in AZ

Sr. Conversion Manager
Charles Schwab
in OH, TX

Communications Consultant
Charles Schwab
in OH, TX

IRT Territory Manager
Wells Fargo
in MN

Record Keeping Specialist
The Online 401(k)
in CA

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Webcasts and Conferences

Defined Contribution: A Playbook for Employers - Recorded
February 26, 2014 WEBCAST
(bswift)

6th Annual Leadership Summit on Consumerism through Health Plan Innovation
March 11, 2014 in FL
(World Congress)

Webcast: Affordable Care Act: Obligations and Opportunities
April 1, 2014 WEBCAST
(National Institute of Pension Administrators)

Health Care Reform
April 10, 2014 in GA
(Thomson Reuters / EBIA)

COBRA Compliance for Group Health Plans
April 11, 2014 in GA
(Thomson Reuters / EBIA)

Health Care Reform for Employers: Now What?
May 7, 2014 in UT
(Lorman Education Services)

2014 Regional Conference: Chicago
June 5, 2014 in IL
(American Society of Pension Professionals & Actuaries (ASPPA))

View All Webcasts and Conferences

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Hand-picked links to the web's best news articles,
official guidance, jobs, webcasts and more.

Single Payment Immediate Annuity with Fixed Benefit Payments Funded by IRA Rollover Was Exempt in Bankruptcy
"The annuity here had a single, fixed premium. The trustee contended that, since the annuity does not require yearly contributions by the debtor, who was of retirement age when the annuity was purchased, the rollover made the entire amount of the funds nonqualified. The bankruptcy appellate panel disagreed, finding that 'commentators, legal forms based on the statute, and the IRA Agreement here all interpret the statute contrary to the Trustee's position.'" [ Running v. Miller , No. 13-6026 (B.A.P. 8th Cir. Nov. 2013)] (Wolters Kluwer Law & Business)


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Tax Court Takes Restrictive View of One Year Limitation on Indirect IRA Rollovers (PDF)
"The Tax Court simply held that the first distribution ... was a tax-free indirect rollover, but as the second distribution was made within a year of the first, it was a taxable distribution ... The court did not consider any [prior IRS] 'guidance' -- nor did it review the private letter rulings in this area that similarly support a per-IRA interpretation. Instead, it focused on the plain language of the statute and the broad legislative history intended to limit repeated shifting of nontaxable income in and out of retirement accounts." [ Bobrow v. Comm'r , T.C. Memo. 2014-21 (Jan. 28, 2014)] (Groom Law Group)

PBGC Proposed Regs Would Streamline Certain Multiemployer Plan Reporting Rules
"The proposed regulations would reduce the number of actuarial valuations required for certain small terminated but not insolvent plans, shorten the advance notice filing requirements for mergers in situations that do not involve a compliance determination, and remove certain insolvency notice and update requirements. Comments on the proposed rules must be submitted on or before March 31, 2014." (Wolters Kluwer Law & Business)

What a Difference a Year Makes: Revisiting the Case for Hedging Interest-Rate Risk (PDF)
"Ideally, the largest sources of surplus volatility are compensated with higher expected returns. However ... actively adding interest -- rate risk (through asset/liability duration mismatch) comes with little, if any, expected surplus return even though ... it is often the largest source of surplus volatility. This [article] analyzes the prevalence of interest-rate risk within pension plans by examining forward-looking market views for future interest rate levels." (Sibson Consulting)

Harkin-ing Back to Pensions
"Some other interesting tidbits from [Sen. Harkin's proposed USA Retirement Funds] are: [1] The automatic contribution to the USA Retirement Funds would be 3% for employees who are automatically enrolled in 2015 and would increase 1% per year until 2018 at which point it would be fixed at 6%.... [2] If an employee opted out of the automatic contribution, or elected a different percentage, that election would be revoked after 2 years and the employee would be reenrolled at the applicable automatic contribution rate unless he or she took action to change it. [3] Each Fund will be governed by a board of trustees of at least 3 people who are independent of service providers under the fund and meet certain other qualification requirements. [4] Each board of trustees must, among other requirements, establish procedures allowing participants to petition the board to remove a trustee and to comment on the management and administration of the Fund." (Benefits Bryan Cave)

Overall IRA Withdrawal Rates Follow RMD Rule Rates
"Just over 16 percent of traditional and Roth IRA accounts had a withdrawal in 2011, including 20.5 percent of traditional accounts. This percentage was largely driven by activity among traditional IRAs owned by individuals ages 70-1/2 or older where the individuals were required to make withdrawals from their tax-qualified accounts. Looking at accounts that have both a withdrawal and a rollover ... nearly a third (29.5 percent) of those having both a rollover and a withdrawal took a withdrawal at least equal to that of the rollover." (Employee Benefit Research Institute [EBRI])

[Opinion]

The Human Face of Target Date Fund Glidepaths: A Rebuttal to Robert Arnott's 'Glidepath Illusion' (PDF)
"Arnott shocks us with a recommendation for a glidepath with increasing risk through time. After all, who would advise their 70-year-old client to hold 80% in stocks and 20% in bonds? The fact of the matter is that glidepaths really don't matter much, regardless of their pattern up or down. Saving enough is what matters most; it's the most important step on the path to a comfortable retirement. No glidepath can compensate for inadequate savings." (Target Date Solutions)


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Benefits in General; Executive Compensation

D.C. Circuit Tosses Out IRS Tax-Preparer Regulation
"The problem, Judge Kavanaugh's opinion for the court explains, is ... that [the agency's] action had no basis in the text of the statute. Preparers are not 'representatives' because they have no authority at all to act on behalf of the taxpayer, who is still responsible for signing his or her own return. Preparers also aren't engaged in 'practice ... before' the IRS because they do not present any sort of case to the agency, such as in an investigation or hearing. And finally, the court observed that IRS's broad view of the statute would render superfluous other statutes that do allow the agency to impose penalties on preparers for certain conduct." [ Loving v. IRS , No. 13-5061 (D.C. Cir. Feb. 11, 2014)] (Cato Institute)

Does Your W-2 Include Stock Comp Income and Withholding?
"With incentive stock options, the spread value appears on the W-2 only when you make ... a disqualifying disposition, i.e. when you sell or gift the stock before you have met the required holding periods of one year from exercise and two years from grant. In that case the income appears on the W-2 as compensation income.... [Y]our company does not withhold federal taxes on ISO exercises and no money is owed for Social Security and Medicare ... The W-2 reporting for ESPP income depends on whether your company's ESPP is tax-qualified or not and, if it is tax-qualified, how long you hold the shares." (myStockOptions.com)

ERISA Litigation Round-Up, 4th Quarter 2013 (PDF)
8 pages. Summary articles include: [1] Supreme Court agrees to review presumption of prudence in stock drop cases; [2] Supreme Court resolves a conflict related to statute of limitations in benefit claims' cases; and [3] Class action developments: Rule 23(a) requirements, and Rule 23(b) requirements. (Schiff Hardin LLP)

Survey Finds Biopharma Companies Adapting Their Talent and Pay Strategies to Navigate a Difficult Environment
"[B]iopharma companies are sharpening their focus on differentiating pay based on performance as business models and talent strategies continue to be under pressure from the patent cliff, growth in the generics sector, R&D reorganization and continuing M&A activity.... [A]lmost 20% of the survey participants are planning to decrease their long-term incentive (LTI) targets for 2014 and we continue to see biopharma organizations realigning their LTI mix to include restricted stock and performance shares." (Towers Watson)

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