Retirement Plans Newsletter

July 6, 2015

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Employee Benefits Jobs

Senior Relationship Manager
Verisight
in IL

Relationship Manager
Verisight
in CA

Relationship Manager
Verisight
in CA

Pension Analyst
Brown Smith Wallace
in MO

Account Service Representative
DailyAccess
in AL

Account Service Representative
DailyAccess
in KS

Employee Benefits Consulting Manager
Plante Moran
in IL, MI

Employee Benefits Sr. Consultant
Plante Moran
in MI

Health & Group Benefits Actuarial Analyst
Milliman
in TX

Junior Pension Administrator
AKT Retirement Plan Services
in OR

Internal Marketing Representative, Retirement Plans
Ohio National Financial Services
in OH

Pension Administrator
AKT Retirement Plan Services
in OR

DB Pension Analyst
Milliman
in OR

Associate Consultant / Retirement Plan Administration Specialist
Spectrum Pension Consultants, Inc.
in ANY STATE, HI, IA, WA

401(k) Representative
Slavic401k
in FL, TX

Client Services Manager - Retirement Plans
Charles Schwab
in OH, TX

Defined Benefits Actuary
Charles Schwab
in OH

Client Relationship Manager
Acropolis Investment Management, LLC
in MO

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[Guidance Overview]

Fiduciary Advice Proposal Signals a Fundamental Shift in DOL's Regulatory Method (PDF)
"The DOL's fiduciary proposal represents a fundamental shift in the Department's approach to regulating the retirement services industry... [T]he Department has chosen to reformulate the definition of fiduciary to encompass numerous types of sales activities that are clearly non-fiduciary in nature under current law.... The 'principles-based' approach utilized in [the best-interests contract] exemption may be a model for how the DOL sees the 'next generation' of class exemptions... And finally, the proposal represents a dramatic shift by the Department toward the regulation of the IRA rollover marketplace." (Groom Law Group)


[Advert.]

The WBC: Not Your Ordinary Industry Conference

Sponsored by ASPPA and Western Benefits Conference

The Western Benefits Conference is the only Annual, Multi-day, Comprehensive Employee Benefits Conference west of the Rockies. Highly interactive sessions, Thought leaders, Practical industry leading ideas, Networking, Valuable CE credits ? and more!



Discretionary vs. Directed Trustee: How Do They Differ? (PDF)
"Regardless of whether the plan is self-trusteed or uses an outside trust service, the trust document will further describe whether the named trustees are Nondiscretionary (or Directed) Trustee s or Discretionary Trustees. Although a plan trustee is always a 'fiduciary' as result of its authority or control over plan assets, a Directed Trustee assumes less responsibility and less liability because it is basically just following the investment directions given to it by the plan sponsor, investment manager or plan participants. The duties of a Directed Trustee are therefore significantly narrower that the duties of a Discretionary Trustee. A Discretionary Trustee is held to a higher standard of care than a Directed Trustee." (Retirement Management Services)

Designing a Retirement Program for Professional Firms: The Fundamentals (PDF)
"A stand-alone 401(k) plan may not achieve all of a professional firm employer's retirement plan goals; however, [IRS] regulations permit groups of highly paid professionals to convert or establish a next-generation cash balance plan to use in conjunction with a 401(k) plan. This approach may allow for significantly more tax-deductible contributions than can be made through a 401(k) plan alone." (Bryan, Pendleton, Swats & McAllister, LLC)

Determining the Feasibility of an ESOP
"Whether a shareholder wants to be cashed out or the company is in pursuit of a long-term transaction, identifying the objective for the transaction is the first step in the feasibility study process. Next, educate the decision makers.... Then, assemble an external team.... Once the components are in place and the data has been gathered, your ESOP consulting team can help to model the plan." (The Principal Financial Group)

A Behavioral Contract Theory Perspective on Retirement Savings
"A growing body of evidence shows that the details of plan design can have large effects on savings outcomes. The design of the 'choice architecture' of these plans, however, is delegated to employers. [The authors] analyze the incentives for employer plan design produced by the labor market.... The regulation of these plans should be reformed to address the problems with employer incentives ... More fundamentally, [this] analysis calls for a rethinking of the current scheme's special subsidies for employer-sponsored plans." (Ryan Bubb, Patrick Corrigan, and Patrick L. Warren, via SSRN)


[Advert.]

SPARK Forum - November 8-10, 2015 -- The Breakers, Palm Beach, FL

Sponsored by SPARK

Join us at the retirement services industry's leading event for top marketing, sales, administration and record keeping professionals. Comprehensive agenda to meet the needs of 401(k) Plan Providers, Financial Advisors and Third Party Administrators.



FINRA Orders Wells Fargo, Raymond James, and LPL Financial to Pay More Than $30 Million in Restitution to Retirement Accounts and Charities Overcharged for Mutual Funds
"Many mutual funds waive their upfront sales charges on Class A shares for certain types of retirement accounts, and some waive these charges for charities. Mutual funds available on the retail platforms of Wells Fargo, Raymond James, and LPL offered these waivers to charitable and retirement plan accounts under limited circumstances and disclosed them in their prospectuses. However, at various times since at least July 2009, Wells Fargo, Raymond James and LPL did not waive the sales charges for affected customers when they offered Class A shares. As a result, more than 50,000 eligible retirement accounts and charitable organizations at these firms either paid sales charges when purchasing Class A shares, or purchased other share classes that unnecessarily subjected them to higher ongoing fees and expenses." (Financial Industry Regulatory Authority [FINRA])

When to Begin Social Security: The Conundrum
"[M]any proponents of delaying Social Security note that deferring it is a significantly lower-cost alternative than buying commercial longevity insurance. The key decision point here is that it shouldn't matter which is a lower-cost alternative. What matters is whether longevity insurance is needed or wanted in the first place." (Milliman Retirement Town Hall)

The Implications of Differential Trends in Mortality for Social Security Policy
"[R]ecent dramatic and highly publicized estimates of worsening mortality rates among non-Hispanic whites who did not graduate from high school are highly sensitive to alternative approaches to asking the fundamental questions implied. However, it does appear that low [socioeconomic status] groups are not sharing equally in improving mortality conditions, which raises concerns about the differential impacts of policies that would raise retirement ages uniformly in response to average increases in life expectancy." (University of Michigan Retirement Research Center)

Cypen and Cypen Newsletter, July 2, 2015
Topics include: [1] Will you outlive your income? How to be certain you will not; [2] SSA issues final rule explaining 60-month period of employment to receive GPO exemption for spouse's benefits; [3] Assumptions do not drive pension costs; [4] New Morningstar tool seeks to settle active-passive debate; [5] CalPERS disclosure on fees brings surprise, and scrutiny; and [6] President signs legislation excluding certain public safety officer benefits from income tax. (Cypen & Cypen)

A Rude Survivor Annuity Shock for Some Widows and Widowers
"In choosing the maximum survivor annuity, the surviving spouse receives 55 percent of the [Civil Service Retirement System] benefit before the reduction for survivor benefits, before reductions for any unpaid redeposits and for the offset. There is a possible offset to the spousal survivor annuity when the surviving spouse becomes entitled to survivor benefits from Social Security. The widow of one CSRS Offset retiree recently was shocked to find out just how dramatic effect that could have on the annuity." (Government Executive)

Options Proposed for Chicago Teachers Pension Fund Payments
"Chicago Public Schools would pay $180 million of its required $676 million contribution in fiscal year 2016, with the remaining $496 million paid in the next fiscal year, along with the required payment for that year. That would bring the total 2017 contribution to about $1.19 billion ... The school district would also pay 7.75% interest on the extended payment, a total of $9.6 million." (Pensions & Investments)

Benefits in General; Executive Compensation

[Guidance Overview]

Key Issues in the SEC's Proposed Compensation Clawback Rules
"[H]ow do the proposed rules apply to incentive-based compensation based on stock price or total shareholder return, which generally are not items of financial information required to be reported under the securities laws? ... The SEC seems to be reaching beyond the language of the statute to cover the full intent of Congress.... Are time-based restricted stock or RSUs considered 'incentive-based compensation' that is subject to clawback? Once you have thrown overboard the plain language of the statute, one could read the definition [of compensation] include time-based RSUs and restricted stock because their value is based on the stock price." (Winston & Strawn LLP)

[Guidance Overview]

SEC Proposes Broadened Executive Compensation 'Clawback' Rules
"[C]ompanies that do not have clawback policies in place face the choice of whether to adopt a policy now that reflects the requirements of the proposed rules, or alternatively to wait until the SEC proposal and the exchange standards have been finalized. While the answer to this will depend on each company's individual situation, consideration should be given to the fact that the rules are only proposed, are likely to receive substantial comment and may undergo substantial changes before being finalized." (McGuireWoods LLP)

[Guidance Overview]

SEC Proposes Clawback Rules: A Comprehensive Summary
"[T]he proposed rules require recovery of excess incentive-based compensation received by an individual who served as an executive officer of the listed issuer at any time during the performance period for that incentive-based compensation. This would include incentive-based compensation derived from an award authorized before the individual becomes an executive officer, and inducement awards granted in new hire situations, as long as the individual served as an executive officer of the listed issuer at any time during the award's performance period." (Dodd-Frank.com, a blog by Stinson Leonard Street)

[Guidance Overview]

Putting Executive Pay at Risk: SEC Proposes Rules on Mandatory Clawback Policies
"The proposed rules define 'incentive-based' compensation as any compensation that is granted, earned or vests based wholly or in part upon the attainment of any financial reporting measure.... [A table] provides illustrative examples of covered and not-covered items of compensation[.]" (Ropes & Gray LLP)

Same-Sex Marriage: Effect on Benefits
"Changes are now likely to be needed for state law benefits, such as leave laws, state health care continuation requirements and the like. Employers should also consider providing same sex spouses with all of the spousal benefits provided to opposite sex spouses, no matter if the spousal benefit is mandated by law." (Stinson Leonard Street)

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