Retirement Account Administrator
Stalker and Associates
in NJ, PA

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Due Diligence: A Guide to Evaluating Retirement Investment Advisors
RECORDED
University Conference Services

Employees Bewildered? How You Can Help Them Achieve Retirement Goals
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University Conference Services

Pension Plan Annuity Purchases: The Time is Now!
RECORDED
University Conference Services

Benefits Litigation - An Ounce of Prevention
May 4, 2018 WEBCAST
McDermott Will & Emery LLP

Employee Benefits and Executive Compensation Symposium
May 8, 2018 in AZ
Ogletree Deakins

Form 5500 Workshop
July 26, 2018 in NC
FIS Relius Education

ERISA Workshop
July 27, 2018 in NC
FIS Relius Education

Benefits and Compensation: Implications of Tax Reform on Executive Compensation, Fringe Benefits, and Misconduct Settlements
May 29, 2018 WEBCAST
Morgan Lewis & Bockius LLP

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Fiduciary Proposal: Episode III -- Revenge of the SEC

"[T]he SEC's effort to protect retail investors and retirement savers has been carefully re-calibrated in an effort to arrive at more workable standard of care and with less extensive disclosure obligations.... [This article] provide[s] an overview of the core provisions of the Best Interest Package, as well as high-level observations on how it tracks or departs from the DOL's Fiduciary Rule." Groom Law Group

Tools & Techniques of Employee Benefit and Retirement Planning

Practical analysis of the entire range of employee benefit planning. 15th Edition includes updated information on the new DOL fiduciary rule, Form 5500 filings, QSEHRAs and more. Use code BENLINK for 10% discount.

SEC Proposal 34-83063: The Relationship Summary Disclosure

"[SEC Proposal 34-83063, the Form CRS Relationship Summary,] is altogether the longest of the three proposals at 470 pages, and just about all of it relates to one new document that the SEC is proposing that you deliver to prospects and clients: the relationship summary. The goal behind requiring this new document, when you push aside all the excess verbiage, is stated fairly clearly[.]" Bob Veres, in Inside Information

SEC Proposal 34-83062: The Best Interest Standard for Broker-Dealers

"[T]he proposed standards for brokerage firms and broker-dealers ... are clearly NOT a 'best interest' standard, and calling them that will certainly mislead consumers into thinking that sales agents are required to put their interests ahead of the sales agent's and the firm's, when in fact they are not.... [T]he Proposal mixes a lot of high-minded language about doing what's best for the customer with specific standards that are no more high-minded than FINRA's existing suitability rules. There's a lot of talk about what brokers and sales agents 'should' do, but the actual standard as written doesn't actually require anything different from what is going on now[.]" Bob Veres in Inside Information

SEC Proposes Regs to Reform Retail Investment Standards

"[O]ne area in particular to pay close attention to is the lack of a definition for the term 'best interest' in Reg BI and whether that will ultimately be addressed in any final rule. Commissioners Stein and Peirce ... both identified this as a major deficiency with Reg BI. Whether and how the SEC addresses this controversial issue ... will ultimately reveal whether the convergence toward a more consistent standard for BDs and RIAs will continue." Drinker Biddle

AARP Seeks to Revive DOL Fiduciary Rule

"AARP will file an appeal to restore the controversial [DOL] fiduciary rule, which was tossed out by a New Orleans court last month.... [T]he powerful lobbying group is stepping in because it fears the Trump administration will not appeal the Fifth Circuit Court of Appeals' ruling. The federal government has until the end of the month to appeal and many experts do not expect that to happen." InsuranceNewsNet.com

2018 WBPC-Phoenix Spring Conference -- May 10, 2018, Scottsdale, AZ

Full day conference hosted by the Western Pension & Benefits Council-Phoenix Chapter. Loans & Distributions by Stephen Forbes, Fiduciary Roles & Benchmarking, Indexing, Small Plan Tax Issues, Plan Audits, Estate Planning Bootcamp and more.

Tips for Preventing Uncashed Retirement Checks

"[1] Before an employee leaves, have your HR person remind them of their retirement plan and explain why it's important they take it with them.... [2] Encourage departing employees to roll over their retirement plan to their new employer.... [3] Have the employee verify their current address.... [4] If they don't have a definite address, as in the case of a move, have them provide the address of a family member where the check can be sent." PenChecks

Employers Unprepared for 401(k) Plan Data Breaches

"Companies need to take a two-pronged approach in helping employees protect their assets. The first is creating a written plan to address cybersecurity and thinking of the matter as technological, not just legal ... The second aspect is to communicate with the plan sponsor on security measures ... [W]hile companies are generally focused on the logistics of using a TPA, they're not paying as much attention to the behaviors of their employees; the recordkeeper will be the entity watching participants[.]" Employee Benefit Adviser

Combined Plans Must Satisfy Minimum Aggregate Allocation Gateway for Nondiscrimination Testing on Basis of Equivalent Benefits

"[ Chief Counsel Advice Memorandum 201810008 ] was issued regarding a floor-offset arrangement where benefits under a defined benefit plan were offset by benefits under a defined contribution (DC) plan only for nonhighly compensated employees (NHCEs), so that for NHCEs who participated in both plans, benefits were eliminated under the defined benefit plan."
Wolters Kluwer Law & Business

Rebalance Your Portfolio or Let It Ride?

"Rebalancing is less about return enhancement and more about managing the risk relative to the target allocation. Over long periods of time, investing in growth assets such as equities is expected to generate a greater return than other asset classes such as fixed income. Left unchecked, in an upward-trending market like the one we have experienced since the second quarter of 2009, growth assets will occupy a greater percentage of the fund allocation, but at the expense of an expected higher risk profile." Callan

Passive Target Date Funds: Separating Myth from Reality

11 pages. "Passive TDFs can offer an effective retirement investment solution for many investors, but it is important to follow a TDF evaluation process that assesses how strategy choice aligns with investors' specific needs, not focus solely on cost.... [P]assive TDFs vary widely in risk/reward profile based on the many decisions that go into portfolio design." Charles Schwab Investment Management

Bakery and Confectionery International Pension Fund Again Announces a Two Pool Proposal

"Employers that decide to participate in the hybrid pool would pay their withdrawal liability in the 'old pool' based on a discounted formula.... [E]mployers that participate in the new hybrid pool must remain contributing employers for 30 years. If a participating employer completely withdrew from the new hybrid pool prior to the end of the 30-year period, they would forfeit the discount they received for participating in the new pool." Polsinelli PC

IRS TE/GE Advisory Group to Meet June 7

"[A] public meeting of the ACT will be held on Thursday, June 7, 2018, from 2:00 p.m. to 4:00 p.m., at the [Internal Revenue Service Building in Washington] ... Reports [will] cover the following topics: [1] Recommendations Regarding Re-Opening the Determination Letter Program in Certain Circumstances; [2] Recommendations Regarding Missing Participants; [3] Recommendations Regarding Incentivizing Universal E-Filing for Form 990." Internal Revenue Service [IRS]

Owner-Employee Wants to Sell to Partner, Then Become 'Independent Contractor'

A small office has 2 owners and 2 employees. As of 7/1/18, one of the owners is selling his share of the business to the other owner. The former owner will still continue to work as an independent contractor for the business and will report to the same office and be paid via 1099. As of 7/1/18, should the former owner be considered an employee given that he is still doing mostly the same work as before even though he is being paid via 1099 and considered himself an independent contractor? BenefitsLink Message Boards

Controlled Group Due to ESOP Ownership?

Company A is a corporation and owns 100% of another corporation Company B. 100% of Company A's stock is held by an ESOP, no employee has a more than 5% ownership interest in the ESOP shares. Does a controlled group exist? BenefitsLink Message Boards

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Press Releases

Ascensus Continues to Expand Retirement and Consumer-Directed Healthcare Capabilities with Agreement to Acquire Benefit Planning Consultants, Inc. Ascensus

Lisa S. Boehm Named Employee Benefits Lawyer of the Year Verrill Dana LLP

Findley Davies | BPS&M Rebrands as Findley Findley

Former Lexington Resident Sentenced to 41 Months for Theft from Pension Plans Employee Benefits Security Administration [EBSA], U.S. Department of Labor

HERO Announces Board of Directors, Adds Three New Members Health Enhancement Research Organization [HERO]

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