Retirement Plans Newsletter

June 27, 2018

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Account Manager - Employee Benefits
Lockton Insurance Brokers
in CA

Employee Benefits Account Manager
Lockton Insurance Brokers
in CA

Daily Valuation Retirement Plan Administrator
Ingham Retirement Group
in FL, Telecommute

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DC Retirement Board
in DC

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Webcasts, Conferences

Tax Efficient Exit Options for ESOPs
June 26, 2018 WEBCAST
WithumSmith+Brown

11 ways to use HR data to drive better benefit plan design and utilization
June 27, 2018 WEBCAST
Employee Benefit News

Bad Bad Boys of Employee Benefits: Ethics
September 12, 2018 WEBCAST
American Bar Association Joint Committee on Employee Benefits [JCEB]

2018 Las Vegas Mid-Sized Retirement & Healthcare Plan Management Conference
September 30, 2018 in NV
University Conference Services

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Avoid Audit Flags: How to Lower Your Plan's Audit Risk

"[P]lans of any size can be audited by the IRS and the DOL. Your plan could be selected for a random audit, or as a result of IRS datasets that target certain types of plans. However, lots of audits are triggered by specific events.... Your form 5500 can be audit bait.... Don't ignore employee claims and complaints.... Be prepared." Cohen & Buckmann, P.C.

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Supreme Court Declines to Hear Challenge to Time Limits on Fiduciary Breach Waivers

"he Supreme Court on [June 25] declined to hear a challenge by an ESOP plan trustee on whether a time limit for bringing breach of fiduciary duty claims can be waived. The [DOL] had argued for the petition to be denied[.]" Pensions & Investments

The End of the DOL's Fiduciary Rule

"It remains to be seen whether some firms will nonetheless continue the processes or standards they have already put in place in response to the fiduciary rule. For instance, firms that suspended investment by IRAs and ERISA clients because they were unable to meet the BIC exemption under the fiduciary rule may decide to keep the suspensions in place. However, it also remains to be seen whether firms adopting and retaining the standards under the fiduciary rule will have a competitive advantage in the market." Bradley

Plans Easing Burdens by Taking the OCIO Route

"OCIO managers reported nearly 2,000 U.S. DC clients as of March 31, a 22.4% increase from 2017. Total assets for the group reached $113.8 billion as of March 31[.]" Pensions & Investments

Advisors Still Skeptical About ESG Investment Performance

"Cerulli's analysis of the ESG market reveals that products (mutual funds and exchange-traded funds) deemed 'ESG Integration' (excludes negative screening, impact investing and thematic products) accounted for less than 0.5% of the total market as of the third quarter of 2017.... The findings confirm that one of the biggest hurdles for advisors in turning interest into actual investment, both by users of ESG and nonusers, is the perceived impact on investment performance." National Association of Plan Advisors [NAPA]

Who Are the Dominant Players in 401(k) Land?

"Merrill Lynch, Voya, and Prudential owned the podium for record keepers, with Nationwide and John Hancock coming in fourth and fifth.... Merrill Lynch and Prudential each scored another top-five position in the larger DCIL survey, making them the two companies with multiple placings.... Prudential's investment arm PGIM, meanwhile, broke into the top five for DCIO, coming fifth behind leader J.P. Morgan (#3 in 2017), BlackRock (#4 in 2017), OppenheimerFunds, and fourth-place finisher Legg Mason (#1 in 2017)." Institutional Investor

Rhode Island Law Will Facilitate Settlements in Lawsuits Over Failed St. Joseph's Pension Fund

"Legislation aimed at smoothing the way for settlements in the multiple class-action suits over the failed St. Joseph's Health Services pension plan has been signed into law by Gov. Gina Raimondo.... A General Assembly press release explained [that] the legislation ... 'provides that defendants entering good faith, judicially-approved settlements would not be liable for claims from co-defendants.... The finality of the settlement without fear of a contribution claim from a co-defendant, provides an incentive to settle.' " Providence Journal

Will You Be Able to Retire From Your Small Business?

"Only 31% of small business owners are confident they will be able to retire by 65.... Small business owners have built up so much equity in the company that there may not be an easy way to hand the company over to someone else. The company may fill a niche market and not have a ready buyer to pay fair market value.... In these situations, an [ESOP] could be an ideal option[.]" Butterfield Schechter LLP

Benefits in General

Cyber Liability Insurance for Employee Benefit Plans

"Many [plan sponsors] are purchasing cyber liability insurance coverage to supplement their data security measures.... [M]any policies vest the decision to retain legal counsel in the insurer, rather than the policyholder.... Plan sponsors should also identify the plan's service providers who have access to PII and PHI and ensure that the plan's cyber liability policy covers those providers, or that those providers have their own cyber liability policies." Spencer Fane

New Plaintiffs' Firms Bring Increased ERISA Litigation Risks for Employers (PDF)

"Until recently, a small group of specialized plaintiffs' firms has dominated the ERISA class action space, beginning with untested theories of liability that are eventually leveraged into portfolios of lawsuits. Those portfolios (and the plaintiffs' attorneys who created them) have become well-known. But an interesting trend has emerged in the day-to-day ERISA litigation docket: new plaintiffs' firms have begun to enter the space in a significant way. This development, which has significant implications for plan sponsors and fiduciaries, has been picking up significant speed in the last several months." Jenner & Block, via Employee Relations Law Journal

Executive Compensationand Nonqualified Plans

[Guidance Overview]

Excise Tax Problems with Excess Executive Comp? Retirement Compensation May Help

"Effective Jan. 1, 2018, the Tax Cuts and Jobs Act created an excise tax ... to be imposed on tax-exempt organizations and governmental entities. At first glance, this section ... appears to target the highest paid employees at universities, colleges and hospitals, but because of the amounts that count toward the threshold and the number of employees that can trigger the excise tax, many unsuspecting entities are at risk. Fortunately, there may be opportunities to avoid these excise taxes through planning with retirement plans." Carlton Fields

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David Rhett Baker, J.D., Editor and Publisher
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BenefitsLink Retirement Plans Newsletter, ISSN no. 1536-9587. Copyright 2018 BenefitsLink.com, Inc. All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.

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