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January 2009 Digest

This digest contains a wide variety of source material dealing with current trends, opinion, news, legislative action, investments, marketing, sales, consulting, and legal issues regarding 401k plans. Each listing contains a headline (hyperlinked to the source document), description, source of the item, and the month and year posted to this digest.

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Companies and Their 401k Matching Contributions - Summary: This is a list of employers that have announced plans to change or stop making matching contributions to their employees' 401k plan accounts since June 2008. Located at: Pensionrights.org, January 2009. Click on headline for full article.

Managing Retirement Portfolio Withdrawals in Turbulent Times - Summary: Investors withdrawing money from their portfolios are often concerned about the “probability of ruin,” where ruin is defined as the depletion of the portfolio prior to either a fixed date, or prior to a random date such as the end of retirement (i.e., the end of one's lifetime). Read this article to gain insight on how to manage those needs with the reality of today's volatile markets. Located at: Wealth Strategies Journal, January 2009. Click on headline for full article.

COMMENTARY: Are Certain Reactions to the Investment-Advice Regulations Ill-Advised? - Summary: Author writes, "wherever one comes out on the PPA's new exemptions and the DOL's rule making in connection therewith, it seems hard to argue with the basic point that participants in participant-directed plans need high-level help and guidance regarding their management of these most-important investment assets." Located at: Pension and Benefits Blog, January 2009. Click on headline for full article.

Where are Fiduciary Issues Headed in 2009 - Summary: Prepared by the Wagner Law Group, reviews recent ERISA litigation and where fiduciary issues are heading in 2009. Located at: Center for Due Diligence (Word Document), January 2009. Click on headline for full article.

Winter Edition of IRS's Employee Plans News - Summary: The Winter Edition of the IRS's Employee Plans News includes an interview with Joyce Kahn, Manager, Voluntary Compliance on improving compliance via SCP as well as a separate article containing tips to making a better determination letter submission. Located at: IRS , January 2009. Click on headline for full article.

Advisers Still Headed for More Fee Transparency - Summary: Fee disclosure regulations did not make it into the Federal Register before the new administration stepped in, but that is not necessarily a signal for advisers to relax about fee disclosure. Located at: Planadviser.com, January 2009. Click on headline for full article.

Rate Your 401k - Summary: Have you ever wondered how your 401k's company match, fees, and investment choices compare to those offered by other employers? Now there's a place where you can dish all the juicy financial details online. BrightScope Inc., an independent data analysis firm, launched the nation's first online 401k rating system today. Located at: US News and World Report, January 2009. Click on headline for full article.

Fidelity Reports on 2008 Trends in 401k Plans - Summary: In a year of unprecedented market volatility that negatively impacted most asset classes in both retirement and non-retirement investment vehicles alike, employees in workplace savings plans contributed to their accounts at normal historical levels, took fewer loans than in 2007, improved their asset diversification and continued to decrease company stock holdings. Located at: 401khelpcenter.com, January 2009. Click on headline for full article.

Fidelity Says Workers Still Fund 401ks Amid Losses - Summary: Fidelity's survey of 17,095 corporate 401k plans it administers showed that investors aren't panicking, David said. Employees saved an average of $5,600 in 2008, slightly higher than in 2007. Fidelity compiles data on more than 11 million individual accounts. Located at: Bloomberg.com, January 2009. Click on headline for full article.

Americans Lost Over a Quarter of 401k Savings in 2008 - Summary: Millions of American workers lost an average of 27 percent of their 401k retirement savings in 2008, according to a study released this morning by Fidelity Investments. The average 401k balance went from $69,200 in 2007 to $50,200 last year because of dramatic market declines. Located at: Washington Post, January 2009. Click on headline for full article.

Procedures for Assessing Civil Penalties under ERISA Are Finalized - Summary: Effective March 3, 2009, procedures go into effect by which the Secretary of Labor can assess civil penalties against a plan administrator for the failure to provide certain PPA-required notices. Penalties are based on the "degree or willfulness" of the failure, but may not exceed $1,000 per day for each violation. Located at: Benefitslink.com, January 2009. Click on headline for full article.

Online 401k Plans Warrant Consideration by Small Companies - Summary: Are you one of the small business owners who have dismissed 401k plans because you feared they would be too costly, too difficult to administer and would saddle you with unwanted liability? The online resolution to the cost and administrative problem is already at hand and recent legislation has addressed potential liabilities. Located at: Resourcenation.com, January 2009. Click on headline for full article.

COMMENTARY: From Here to Retirement - Summary: If you have a 401k retirement plan at work, you don't need us to tell you that you've taken a hit in the past year. The really bad news is that the damage to your retirement security is likely worse than what the numbers say on your statement. Located at: New York Times, January 2009. Click on headline for full article.

Tracing the Life Cycle of Alternative Investments - Summary: What are the distinct phases of an investment's life cycle, and how can investors use this framework to enhance their investment decisions? Located at: Vanguard, January 2009. Click on headline for full article.

Roll Those 401k Stones - Summary: If you're like most people, you'll switch jobs several times before you retire -- 10 to 12 times, on average. And if you're like a lot of those people, you'll leave a trail of retirement-plan balances in your wake. Consolidating all of those balances into a rollover IRA is simple to do, and it can make your portfolio easier to manage while giving you many more options and preserving all of the tax-deferred benefits of your 401k. Located at: Motley Fool, January 2009. Click on headline for full article.

Suspension of Minimum Required Distributions for 2009 - Summary: This waiver is designed to limit the impact of decreases in financial markets on plan participants and IRA holders by allowing individuals to avoid distributions from retirement accounts that have dramatically reduced in value over the last year. Located at: Dow Lohnes , January 2009. Click on headline for full article.

Worst Decline in 30 Years for the Largest U.S. Retirement Funds - Summary: U.S. retirement funds lost almost $1 trillion of their value in the year ended Sept. 30, 2008, the worst decline in the 30 years Pensions & Investments has tracked the largest 1,000 plans. Located at: 401khelpcenter.com, January 2009. Click on headline for full article.

Disclosure Regulation Not Approved - Summary: This bulletin is a general discussion of recent developments and an update on the DOLs proposed regulation under ERISA section 408(b)(2) related to the disclosure of service provider compensation and conflicts of interest. Located at: Reish Luftman Reicher & Cohen , January 2009. Click on headline for full article.

Fee-Based Compensation Goes Up, Revenue Goes Down - Summary: The fee-based revenue model for advisers shows cracks because of volatile markets, according to research from Cerulli Associates. Located at: Planadviser.com, January 2009. Click on headline for full article.

White House Executive Order Snares Fee Disclosure, Advice Regs - Summary: An executive order from White House Chief of Staff Rahm Emanuel will delay two Department of Labor fee disclosure regulations and possibly slow down a recently published advice regulation. Located at: Planadviser.com, January 2009. Click on headline for full article.

COMMENTARY: Why 401k Retirement Plans Really Don't Work, and How to Fix Them - Summary: Author writes, "401k participants are investors, whether they know it or not. The problem is that most do not. The real reason 401k plans fail to the extent that people perceive them to is because the participant often lacks the education to make appropriate decisions." Located at: Savingadvice.com Blog, January 2009. Click on headline for full article.

Static vs. Dynamic Investment Policy: Matching Asset Management to Investor Risk Preferences - Summary: This article outlines several asset management approaches and discusses the importance of aligning the approach with investor risk preferences. If the investment policy ignores this critical "calibration," there is little hope that the investor will be able to maintain the policy during recessionary periods. Located at: Schultz Collins Lawson Chambers , January 2009. Click on headline for full article.

Annual Limits Increase for Puerto Rico Plans - Summary: On August 7, 2008, the governor of Puerto Rico signed into law Act 186 to increase annual limits on employee pre-tax deferrals to plans qualified under the Puerto Rico Internal Revenue Code (PRIRC). These developments impact "dual-qualified plans" (plans that are qualified under both the PRIRC and the United States Internal Revenue Code), as well as plans qualified solely under the PRIRC. Located at: Prudential , January 2009. Click on headline for full article.

Interview with Paul Hirschboeck of Securian Retirement - Summary: Fee fever is spreading throughout the industry, which means advisers and their clients need to better understand what's expected of them when it comes to fee disclosure. Listen in as Hirschboeck outlines Securian's approach on this thorny issue. Located at: Employee Benefit News (free registration may be required), January 2009. Click on headline for full article.

Lump-Sum Distributions at Job Change - Summary: As more workers are participating in defined contribution plans (typified by the 401k plan) and are in defined benefit (pension) plans that allow a lump-sum distribution, an increasing number of them are faced with making decisions about what to do with the assets they have earned in these plans when they change jobs. Located at: Employee Benefit Research Institute , January 2009. Click on headline for full article.

DOL Advisory Opinion 2009-01A - Summary: Opinion on whether a trust company's use of deposit accounts of its banking affiliate for investment of cash of certain bank collective investment funds would violate section 406(b)(3) of ERISA. Located at: U.S. Department of Labor, January 2009. Click on headline for full article.

President Obama's Plan for Retirement Savings Reform: Change? - Summary: As the stock market plunges along with the value of individuals' retirement savings and companies see their defined benefit pension plan contributions skyrocket, many Americans are asking if it's time for the United States to take another look at how we pay for retirement. Located at: Buck Consultants , January 2009. Click on headline for full article.

No Rounding Down to Determine 60% Top-Heavy Status - Summary: I am working with a 401k plan that was deemed top-heavy at 60.24%. Is there any reason why I cannot work with whole numbers and round down to 60% to avoid top-heavy status? Located at: Benefitslink.com, January 2009. Click on headline for full article.

Investment Advice—Participants and Beneficiaries; Final Rule - Summary: This document contains final rules under the Employee Retirement Income Security Act relating to the provision of investment advice by a fiduciary adviser to participants and beneficiaries in participant-directed individual account plans, such as 401k plans. These rules affect sponsors, fiduciaries, participants and beneficiaries of participant-directed individual account plans, as well as providers of investment and investment advice related services to such plans. Located at: U.S. Government Printing Office , January 2009. Click on headline for full article.

Employee Financial Issues in Market Crisis - Summary: Employees are in a state of "heightened urgency" about their financial situations. Overwhelmingly, employees are focusing on the elements they can control-namely cutting their expenses, reducing credit card debt and increasing savings-instead of panicking about the state of the market or the economy. Located at: Financial Finesse Research , January 2009. Click on headline for full article.

Ten Things DC Plan Sponsors Need to Do for '09 - Summary: Mercer recently created a checklist of 10 resolutions DC plan sponsors should consider when managing their plans in 2009. Located at: Employee Benefit News (free registration may be required), January 2009. Click on headline for full article.

Transparency Regulation Postponed - Summary: Plan Sponsors are still unprotected from the practice of certain service providers hiding their fees. Located at: 401khelpcenter.com, January 2009. Click on headline for full article.

Impact of Market Volatility on Participant Exchange Behavior - Summary: Recent market events are drawing a lot of attention to how defined contribution participants are reacting. This report contains exchange data through November 2008, and although these findings are early, it will provide some insight on the initial actions that participants took, if any, as they weather the turbulent markets of 2008. Located at: Fidelity Investments , January 2009. Click on headline for full article.

Federal Agencies Expand Form 5500 Rules for 403(b) Plans - Summary: For over 30 years, ERISA 403(b) plans have been subject to limited Form 5500 filing requirements. This is changing. Located at: Prudential , January 2009. Click on headline for full article.

DOL Finalizes Investment Advice Rule - Summary: A soon-to-be published rule from the Department of Labor adds an exemption for investment advice to the Pension Protection Act. Located at: Planadviser.com, January 2009. Click on headline for full article.

Automatic Enrollment 401k Plans for Small Businesses - Summary: The DOL and IRS released this new publication to provide small employers with an overview of automatic enrollment in 401k plans offered to employees. Located at: U.S. Department of Labor , January 2009. Click on headline for full article.

Hidden Worry for a 401k Pillar of Safety - Summary: For most investors, the market crash shattered the notion of "safe" investments. Bond funds lost money, the government stepped in to bail out money funds, banks failed. Now millions of workers who invest through their 401k plans are finding that one of the last pillars of safety – so-called stable value funds – may be riskier than they assumed. Located at: Smart Money, January 2009. Click on headline for full article.

The Role of CEFEX Certification in Today's Retirement Plan System - Summary: The move to independent verification of best fiduciary practices through certification will provide participants with a better chance of achieving long-term investment success and peace of mind, while also reducing fiduciary liability for plan sponsors. Located at: Centre for Fiduciary Excellence , January 2009. Click on headline for full article.

More Workers Are Preserving Retirement Assets - Summary: ASPPA released data that shows most tax breaks for 401k and similar defined contribution plans go to middle-income wage earners. The ASPPA data refutes the misconception that mostly wealthy Americans benefit from 401k plans. Located at: 401khelpcenter.com, January 2009. Click on headline for full article.

Advisers Could Give 401k Counsel Under New Rule - Summary: The Office of Management and Budget has cleared a Department of Labor rule that will allow financial advisers affiliated with mutual funds and brokerage firms to provide direct investment advice to 401k plan participants. Located at: InvestmentNews.com (free registration may be required), January 2009. Click on headline for full article.

COMMENTARY: Selling Machine Looks to Capitalize on 401k Panic - Summary: Author writes, "We ran across an unsettling item at InvestmentNews.com yesterday: 'Crisis Fuels Interest in 401k Guaranteed Products.' Uh-oh. When the financial services selling machine sniffs blood in the water, it's wise to retreat to a very serious form of caveat emptor." Located at: SeekingAlpha.com, January 2009. Click on headline for full article.

Mercer Sees "Worrying Increase" in Retirement Plan Withdrawals - Summary: There's even more evidence that investors are curbing retirement plan contributions. Consulting Mercer giant says more retirement plan participants are requesting withdrawals compared to last year—requests rose 59% in November and December of 2008. Located at: BusinessWeek Blog, January 2009. Click on headline for full article.

2008 a Year of Records for Hewitt 401k Index - Summary: As a reaction to the plunging stock market, the overall transfer activity in the Hewitt 401k Index was significantly higher in 2008 than in previous years. Located at: Planadviser.com, January 2009. Click on headline for full article.

401k Plan Termination Tips Offered - Summary: Employers who terminate 401k plans due to economic reasons such as business closures or mergers and acquisitions, run the risk of violating regulations and jeopardizing their employees' future retirement readiness by mismanaging the complex process of shutting down a plan. Located at: 401khelpcenter.com, January 2009. Click on headline for full article.

Fee Transparency and Investment Neutrality in Retirement Plans - Summary: Recently, regulators have begun to take steps to help plan sponsors with their fiduciary duties by requiring more extensive and easier-to-understand fee disclosure. While these regulatory changes should certainly help plan sponsors, this paper asserts that plan sponsors and participants are best served by 1) clear, understandable and fully disclosed plan fees; and 2) fee structures that do not favor a particular investment or set of investments. Located at: Securian , January 2009. Click on headline for full article.

Update on Service Provider Disclosure Under 408(b)(2) - Summary: At this point, the final regulation may be released any day, or it may not be released until after the inauguration of President Obama, or it may not be released at all, at least in its present form. And, even if it is published in final form, we anticipate that Congressman George Miller will introduce legislation that imposes even greater disclosure requirements. Located at: Reish Luftman Reicher & Cohen , January 2009. Click on headline for full article.

Calendar Plan Year Requirements - Summary: Looking for a fast reference for the 2009 calendar plan year deadlines? Here is one prepared by Benefit Plans Plus out of St. Louis. Located at: Benefit Plans Plus , January 2009. Click on headline for full article.

How Education Affects Retirement Plan Participation - Summary: When controlling for earnings, the most highly educated workers still had the highest levels of participation in a retirement plan, but the differences with the less educated workers were much smaller, particularly as earnings decreased. Located at: 401khelpcenter.com, January 2009. Click on headline for full article.

Q&A: 2009 Required Minimum Distribution Rule Changes - Summary: The purpose of this Q&A is to explain the effect of the law change to the required minimum distribution rules, passed as part of the Worker, Retiree, and Employer Recovery Act of 2008. In particular, this Q&A discusses issues employers will face in administering plans that are making RMDs. Located at: Sungard/Relius, January 2009. Click on headline for full article.

Podcast With Mike Alfred of BrightScope - Summary: Alfred has his sights set on making the world of 401k plan comparisons easy -- easy on the worker, the employer and even the broker. Listen in as he talks about how he's going to do it and why it needs to be done, now more than ever. Located at: Employee Benefit Adviser, January 2009. Click on headline for full article.

Five Ways to Protect Your 401k if You're Laid Off - Summary: Unexpected job loss can derail retirement plans in an instant. The good news is that if you do get laid off, you can still keep your retirement plan intact. Here's how to handle your 401k if you lose your job or your company goes under. Located at: USnews.com, January 2009. Click on headline for full article.

Bear Mauls 'Safe' Target Funds, Too - Summary: Last year's massive declines in stocks, as well as hefty losses in some parts of the bond market, led to big differences in returns among the offerings from different fund companies with similar target dates. Located at: Wall Street Journal Online, January 2009. Click on headline for full article.

Miller: 401k Friend or Foe? - Summary: Depending on whom you ask, Rep. George Miller (D-Calif.) is either championing or undermining the nation's 401k system. To see how the lawmaker got to this point, you have to go back to one congressional hearing of the House Committee on Education and Labor that Miller held over three months ago. Located at: Employee Benefit News (free registration may be required), January 2009. Click on headline for full article.

To Benchmark or Not to Benchmark? - Summary: Target-date funds have become the darling of the 401k industry because they are so easy for plan participants to understand and use, but 401k plan sponsors wrestle with whether to use benchmarks to gauge performance of target-date funds. Located at: Workforce.com (free registration may be required), January 2009. Click on headline for full article.

Discover How the WRERA Affects DB and DC Plans - Summary: This new Act provides funding relief for defined benefit plans in response to the current economic crisis, contains a 2009 waiver of required minimum distributions for defined contribution plans and individual retirement accounts, and makes technical corrections to the Pension Protection Act that will affect the administration of DB and DC plans. Located at: Vanguard , January 2009. Click on headline for full article.

Can 401k Plans Provide Adequate Retirement Resources? - Summary: This paper illustrates that moderate 401k contribution rates can lead to adequate income replacement rates in retirement for many workers; that adequate asset accumulation can be achieved using only a 401k plan; and that these results do not rely on earning an investment premium on risky assets. Located at: Pension Research Council, January 2009. Click on headline for full article.

Q&A with Fred Reish on the Impact of Mandated Fee Disclosure - Summary: This is an email interview with Fred Reish who provides his thoughts on the upcoming 408(b)(2) regulation which mandates the disclosure of compensation and conflicts of interest by retirement plan service providers to plan fiduciaries. Located at: Fixingthe401k.com, January 2009. Click on headline for full article.

Tools Aim to Help Plan Advisers Navigate Sea of Target-Date Funds - Summary: A number of tools are being offered that fill a void in the marketplace in determining which funds might best fit the particular needs and the goals of each retirement plan. Located at: Employee Benefit News, January 2009. Click on headline for full article.

New Law Affects Required Minimum Distributions for 2009 - Summary: IRS Plan Sponsor Newsletter reviewing Section 201 of the "Worker, Retiree, and Employer Recovery Act of 2008" that waives any required minimum distribution for 2009 from retirement plans that hold each participant's benefit in an individual account, such as 401k plans and 403(b) plans, and certain 457(b) plans. Located at: IRS , January 2009. Click on headline for full article.

IRS Provides Some Needed Clarity for 2009 RMD Waiver Rules - Summary: If you have a 2008 required minimum distribution that is payable in 2009 (before April 1st of 2009) because you turned 70½ in 2008, you must go ahead and make the payment in 2009 or you could end up paying the IRS a very nasty 50% excise tax on the amount not withdrawn. Located at: Benefitscounsel.com, January 2009. Click on headline for full article.

Notice of Consequences of Failing to Defer Receipt of Distribution - Summary: On January 7, 2009, ASPPA submitted these comments on IRS's proposed regulations regarding the notice to participants of consequences of failing to defer receipt of qualified retirement plan distributions. Located at: ASPPA , January 2009. Click on headline for full article.

More Workers Are Preserving Retirement Assets - Summary: An increasing percentage of retirement plan participants are preserving their retirement assets in tax-qualified accounts, but a significant number are using at least some of these assets to pay off debts, start a business, or buy a home. Located at: 401khelpcenter.com, January 2009. Click on headline for full article.

Over Half 401k, Profit-Sharing Plans Permit Immediate Participation - Summary: In 2008, 55.1% of all 401k plans and 70.5% of 401k plans with 1,000 or more employees now permit immediate participation, according to the Profit Sharing/401k Council of America. Located at: CCH, January 2009. Click on headline for full article.

Big Slide in 401ks Spurs Calls for Change - Summary: The stock-market rout has ignited a crisis of confidence for millions of Americans who manage their own retirement savings through 401k plans. Located at: Wall Street Journal Online, January 2009. Click on headline for full article.

Target-Date Funds Balance Investment Behavior - Summary: With recent market volatility, a concern that some participants are too aggressively invested in equities has been added to the ongoing concern that some participants are invested too conservatively. Located at: Planadviser.com, January 2009. Click on headline for full article.

Target-Date Fund Adoption - Summary: This report assesses the impact of target-date funds on DC plans using recordkeeping data drawn from more than 2,200 DC plans and nearly 3.2 million participant accounts record kept by Vanguard. Located at: Indexuniverse.com, January 2009. Click on headline for full article.

Advisers Fret That Clients Will Trim 401k Participation if Matches Are Cut - Summary: Financial advisers are worried that if more employers eliminate 401k matches, it will cause already cash-strapped and worried clients to reduce or halt their contributions. Located at: Financial Finesse , January 2009. Click on headline for full article.

Investment Fiduciary Mulligan - Summary: Investors and investment fiduciaries may be wishing they could take a mulligan on their long term equity oriented investment strategies in the face of this decade's second equity market implosion. Located at: Fiduciary Investor Blog, January 2009. Click on headline for full article.

ERISA Litigation: "Important Component of the Subprime Litigation" - Summary: A very interesting paper notes how "ERISA litigation represents an important component of the subprime litigation" due to the fact that ERISA provides "legal advantages" to plaintiffs over the securities laws. Located at: BenefitsCounsel.com, January 2009. Click on headline for full article.

McDonald's Supersized Retirement Plan - Summary: To retain valuable workers, McDonald's in 2004 began offering a rich retirement savings perk. Employees who put 5 percent of their salary in the company 401k receive a company match of as much as 11 percent. Located at: MSNBC.com, January 2009. Click on headline for full article.

Recessions: How Does This One Compare? - Summary: Considering the severity of the financial crises, how does this recession stack up against all the other post–World War II recessions? Located at: Schwab.com, January 2009. Click on headline for full article.

Owning Mutual Funds Through Retirement Plans Still on the Rise - Summary: More households own mutual funds inside tax-deferred accounts—such as defined contribution (DC) plans, individual retirement accounts (IRAs), and variable annuities—than outside these accounts, according to the Investment Company Institute. Located at: Plan Sponsor Institute Blog, January 2009. Click on headline for full article.

COMMENTARY: Trend Spotting - Summary: Author is not altogether sure where one crosses the line between a series of related occurrences and a trend -- when the tipping point is reached, the Rubicon crossed. Located at: Plan Sponsor Institute Blog, January 2009. Click on headline for full article.

Gearing Up for the New 403(b) Landscape - Summary: Starting in 2009, 403(b) plan sponsors will have to comply with new regulations that are intended to improve the governance of those plans. Located at: Employee Benefit News (free registration may be required), January 2009. Click on headline for full article.

Retirees Eye Other Assets to Boost Returns - Summary: Forty-two percent of retirees surveyed by MetLife are considering reallocating their assets to investments that might provide a higher rate of return, but 47 percent of them aren't sure how they'll do it. Located at: Workforce.com (free registration may be required), January 2009. Click on headline for full article.

The Worker, Retiree, and Employer Recovery Act of 2008 - Summary: The Act includes Technical Corrections related to the PPA and pension recovery provisions designed to provide relief for individuals and plan sponsors to help them deal with the economic downturn. This summary focuses on the defined contribution-related provisions of the Act and includes a brief explanation of the new provisions and the corresponding effective dates. Located at: Transamerica Center for Retirement Studies , January 2009. Click on headline for full article.

COMMENTARY: Who "Mad(e)-off" With My 401k? - Summary: Its 10:30 pm, do you know where your 401k assets are? Unfortunately, the plan sponsors who had their assets invested with Bernard Madoff didn't. And the resulting losses have been devastating to their unknowing participants. Located at: Capital Directions Investment Advisors, January 2009. Click on headline for full article.

COMMENTARY: History Repeating Itself or a New Start in 2009? - Summary: As we launch into a new year, full of hope for a respite from what can only be described as a roller-coaster horrible, one wonders what lessons will be learned and acted upon. Located at: Pension Risk Matters Blog, January 2009. Click on headline for full article.

SEC Adopts New Disclosure Rules for Mutual Funds - Summary: The SEC approved new rules that apply to mutual fund prospectuses that will (1) require key information to appear in plain English in a standardized order at the front of the prospectus, and (2) permit a fund to satisfy its prospectus delivery obligations using a short form summary prospectus, as long as the full prospectus is available on the Internet and in paper upon request. Located at: Kilpatrick Stockton LLP, January 2009. Click on headline for full article.

COMMENTARY: It Can't Happen To Me, Right? - Summary: It seems the president (and fiduciary) of a Michigan company, Dr. James Johnson, is being sued by the DOL for failing to remit employee contributions to the company's plan in a reasonable time frame. Located at: Fixingthe401k.com, January 2009. Click on headline for full article.

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