Pension Plan Administrator
American Pension Advisors, Ltd.
in IN

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Top 5 Retirement Plan Resolutions for 2018
January 24, 2018 WEBCAST
Multnomah Group

Securing Your Grip on Compliance with Fiduciary Regulations
February 1, 2018 WEBCAST
Centre for Fiduciary Excellence [CEFEX]

Retirement Savings Plans and Tax Reform: How Will It Affect You?
February 12, 2018 WEBCAST
Lorman Education Services

Employment Issues Affecting Texas Employers and Strategies for Minimizing Exposure
February 14, 2018 in TX
Worldwide Employee Benefits Network [WEB] - Houston Chapter

Annual Legislative and Regulatory Update
February 27, 2018 in CT
Worldwide Employee Benefits Network [WEB] - Hartford Chapter

Abandoned Plans and Dealing with Missing Participants
March 20, 2018 WEBCAST
ASPPA [American Society of Pension Professionals & Actuaries]

Spotlighting Self-Directed IRAs
March 26, 2018 in DC
Retirement Industry Trust Association [RITA]

?See 133 Upcoming Webcasts and Conferences

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Seventh Circuit Applies Clear Error Standard to Review of Withdrawal Liability Arbitrator's CBA Interpretation
"[T]he Seventh Circuit applied the clear error standard of review to a withdrawal liability arbitrator's interpretation of the parties' underlying collective bargaining agreement (CBA) that required contributions to a multiemployer pension fund. The Court enforced the arbitrator's findings, a victory for the employer whose withdrawal liability was consequently reduced from over $600,000 to $0." [ Laborers' Pension Fund v. W.R. Weis Company, Inc. , Nos. 16-2079 & 16-2944 (7th Cir. Jan. 8, 2018)]
Seyfarth Shaw LLP

Finance Sector Thinking Long Term with 401(k) Boosts
"Several finance and insurance companies have led the charge in increasing their matching contributions to workers' 401(k) plans in response to the new tax law, and their early responses might just be the beginning."
Bloomberg BNA

Reasons Americans' 401(k) Balances Are Too Small
"[1] Less than full participation ... [2] Contributions that are too low ... [3] 401(k) fees that are too high ... [4] Leakages from 401(k) plans."
Motley Fool

California Governor Brown Goes to Court to Finish Pension Reforms
"[K]ey parts of a pension reform Brown pushed through the Legislature six years ago, which extended retirement ages and capped pensions, were limited to new hires who have no vested right to the benefits cut to reduce costs.... [T]he Brown reform provides little immediate relief for struggling pension systems. Significant savings could take decades because key parts only apply to employees hired after the reform took effect on Jan. 1, 2013."
Calpensions

Know About the Roth 401(k) Surprise?
"Financial experts and writers often tout the Roth 401(k)'s main selling point: when the money is withdrawn in retirement, it won't be taxed. Well, that's not entirely true. An employee's own money saved in his Roth account over the years is, indeed, shielded from income taxes when he retires and starts pulling out the money.... But employer contributions ... and any resulting investment earnings are taxed as income in the year that the money is withdrawn."
Squared Away Blog, by the Center for Retirement Research at Boston College

Navigating the Compliance Challenges of Missing Participants

The DOL is coming ... Pension plan audits are on the rise with a specific focus on the Term-Vested population and RMD. Attend our free webinar that will educate you on the DOL focus, identify options and introduce you to our new Term-Vested Audit & Remediation Service.

DOL Increases Civil Penalty Amounts for 2018 (PDF)
"The DOL's final rule implements the 2018 annual adjustments for civil penalties assessed or enforced by the DOL, including penalties under the FLSA, FMLA, OSH Act and ERISA. The increased penalty amounts became effective on Jan. 2, 2018, and may apply for any violations occurring after Nov. 2, 2015. The updated maximum penalty amounts are shown in [a table]."
Cowden Associates, Inc.

Updates for the New Year in Benefits and Executive Comp
16 topics are addressed. "[E]mployers should verify that all claims based on determining a disabled status will be handled in compliance with the new rules beginning on April 1, 2018, regardless of the type of ERISA plan involved.... A provision permitting qualified disaster withdrawals [from 401(k) plans] for '2016 disasters' was enacted.... Because some retirement plans had historically excluded [moving expense] reimbursements from compensation for plan purposes, employers will need to verify now that such amounts are included ... [An] employer may not receive a deduction for any qualified transportation fringe benefit under Code section 132(f) provided to an employee, unless the transportation is provided for the safety of the employee."
Winstead PC

Are ISOs Back?
"Generally, ISOs do not result in a tax deduction for the company, but they do provide favorable tax consequences for the employee recipients. As long as the company will not be able to deduct the gain on equity awards anyway, why not provide better tax treatment to the executives?"
Winston & Strawn LLP

Count Pre-acquisition Service with Affiliates of the Acquiring Company?
Company X acquires 100% of the equity of Company Y. Company Y was a wholly owned subsidiary of Company Z. My understanding is that, because this is a stock deal, Company Y's employees have not experienced a severance from employment, and all service with Company Y (including pre-acquisition service) must be taken into account for eligibility and vesting purposes under Company X's plan. (Unless the GCM 39824 exception is satisfied. Let's assume it's not.) My question: What about pre-affiliation service with other employers in the acquired company's controlled group? If a Company Y employee also previously worked for Company Z, is that service required to be counted under Company X's plan after the merger? This seems like a stretch, but I could make the argument that it should be counted. I can't locate any guidance.
BenefitsLink Message Boards

Hard-to-Value Asset in a One-Person DB Plan
Are there any particular consequences to having a small amount of hard to value assets in a one-person DB plan? ($15K out of $650K.) It's some kind of private equity; it shows up on a brokerage statement as an alternative investment/held outside the account and the purchase price is shown as its value. That question on the SF is grayed out for a one-person plan. Do I just say "give me a true fair market value" and move on?
BenefitsLink Message Boards

Need Help Installing and Administering a 401(h) Plan for My Small Company
I have a small S-corp consisting of 2 employees, my wife and me. My desire is to retire in 5 to 6 months at age 62. Currently I have a defined benefit plan administered by a large firm. Due to market gains over the last few years, the plan will be overfunded by about $800K to $1M at termination. Both employees are at the 415 limit. A 401(h) plan seems to be my best option. I plan to roll over all excess assets into the 401(h) plan at the time of termination per Code section 420(f)(2)(C)(i)(II). I'm having trouble finding someone to set up this plan and administer it.
BenefitsLink Message Boards

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Press Releases

Fiduciary Expert Blaine Aikin Takes Expanded CEFEX Role as Executive Chairman as Company Enhances its Investment Advisor Certification to Verify Conformity to DOL Fiduciary Rule Provisions Centre for Fiduciary Excellence [CEFEX]

WEX Health Selects dailyVest to Further Customize HSA Investment Capabilities, Enhance Consumer Engagement dailyVest Inc.

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