COMMENTARY: Supreme Court Plays Solomon with 401k Fiduciaries on Mutual Fund Fees - Summary: In a unanimous opinion, the Supreme Court offered a mixed ruling on the Jones v. Harris mutual fund fee case. On one hand, it reversed the dismissal of the case by the Seventh Circuit Court. On the other, it ruled the Seventh Circuit Court of Appeals must use the Gartenberg standard. Where does this ruling leave the 401k fiduciary?
Source: Fiduciary News Blog, March 2010. Click on headline to read full article.
Resilience in Volatile Markets: 401k Participant Behavior September 2007–December 2009 - Summary: This report begins with a brief overview of the market events during the period. It then analyzes the incidence and direction of participant investment exchange, or trading, behavior. Next they examine changes in participant account balances and contribution behavior, as well as participant loan, withdrawal, and distribution decisions. Concludes with a discussion of the role of both inertia and resilience in retirement decision-making.
Source: Vanguard , March 2010. Click on headline to read full article.
COMMENTARY: Thoughts on Morningstar's Target Date Fund Research - Summary: Author writes, "In the survey Morningstar compared the performance of "open" and "closed" fund series and drew the conclusion that neither had a distinct performance advantage. This conclusion is not particularly surprising given relatively few funds have long enough return histories to do a complete analysis. However, what was surprising was what Morningstar omitted from the report, and in particular three major differences between "open" and "closed" funds that we think paint a very clear picture of why the differences between open and closed funds are significant."
Source: Brightscope.com, March 2010. Click on headline to read full article.
Allocating "Basis" in Partial and Split Rollovers – Can We Still Rely on Code Section 402(c)(2)? - Summary: Many plans and TPAs thought "yes" as well-settled law following EGTRRA, but the IRS seems to disagree. So it may be wise to take a "wait and see" approach prior to making system/plan design changes.
Source: American Benefits Council , March 2010. Click on headline to read full article.
Fidelity Reports More Employers Reinstate 401k Match in 2010 - Summary: Fidelity Investments released findings that indicate many employers, both small and large, are reinstating employer matching contributions to their 401k plans. More than 70 percent of large companies have reinstated or plan to reinstate employer contribution.
Source: 401khelpcenter.com, March 2010. Click on headline to read full article.
Employers Remain Focused on Engaging Their Employees in Retirement Savings - Summary: According to this new data from Charles Schwab, employers remain focused on engaging their employees in retirement savings and providing 401k plan features that help drive positive savings behaviors.
Source: 401khelpcenter.com, March 2010. Click on headline to read full article.
EFAST2 Registration Process: Obtaining Credentials to File Form 5500 Electronically - Summary: Effective with all plan years starting on or after January 1, 2009 the law requires electronic filing of the Form 5500. No more paper. The new system, called EFAST2, is now in operation. Since the filing is now done electronically, any person who signs the Form 5500 must apply for "signer" credentials using the DOL's online system. This is a step-by-step procedure on how to obtain the credentials.
Source: Benefit Plans Plus, LLC , March 2010. Click on headline to read full article.
Returns on 401k Assets by Cohort - Summary: The cohort at the greatest risk appears to be the Late Boomers, who have experienced a less favorable investment environment over their careers and will need extraordinary returns just to end up as well off as the Early Boomers are today. Generation Xers, given their shorter careers, have faced the worst environment, but they have more time to catch up. This research puts the investment experience of the Early Boomers in context by comparing it with historical returns and with the experience of younger workers.
Source: Center for Retirement Research at Boston College , March 2010. Click on headline to read full article.
Stock Market Boomerang Helps 401ks Rebound - Summary: In March 2009, the Dow Jones Industrial Average hit a low of 6,443 during the tumultuous two-year bear market, dragging many employees' retirement savings right down with it. Less than a year later, a study suggests that the financial ship has somewhat righted course as far as 401k portfolios are concerned. And with the recovery comes valuable lessons for both companies and workers alike.
Source: Employee Benefit News (free registration may be required), March 2010. Click on headline to read full article.
Shifting Into Automatic: The Benefits of Automatic Enrollment and Escalation - Summary: Employers offering a tax-deferred retirement program can select from three strategies to help their employees retire securely: offer workers financial education and advice, out source the retirement program to a professional fiduciary and automate retirement program choices. This article explores features of the last option.
Source: Employee Benefit News (free registration may be required), March 2010. Click on headline to read full article.
ASPPA Recordkeeper Program Overview - Summary: Q&A from the Feb, 2010 issue of 401k Advisor, which describes the overall CEFEX program with an emphasis on the ASPPA Recordkeeper certification.
Source: ASPPA , March 2010. Click on headline to read full article.
PODCAST: Advisors Guide to Helping 403(b) Clients Manage Their ERISA Challenges - Summary: This is a podcast which detailed the steps an advisor can take in assisting their clients in winding their way through the maze of ERISA issues that 403(b) plans need to deal with. It also includes some thoughts on moving a plan from non-ERISA status to ERISA status. Podcast is just over 45 minutes long.
Source: The Standard, March 2010. Click on headline to read full article.
Big Changes to Filing Form 5500 for 2009 Plan Year - Summary: Beginning with reporting for the 2009 plan year, plan sponsors face significant changes to their Form 5500 filings. The single biggest challenge is in extensive new disclosure requirements for Schedule C. For the first time, plans with 100 participants or more (large plan filers) must report not just direct compensation but indirect and "eligible indirect" compensation-and must identify the individuals who received it. Form 5500 and all its related schedules and attachments must now be submitted electronically. ERISA-covered 403(b) plans must now abide by the same reporting requirements as 401k plans.
Source: Vanguard, March 2010. Click on headline to read full article.
Small Business Retirement Plan Availability and Worker Participation - Summary: This study looks at the access and participation of workers in retirement plans offered by their employers. It examines those issues by firm size and finds that workers in large and small firms participate at very similar rates if a retirement plan is made available to them. It also analyzes the reasons workers do not participate even when the employer sponsors a retirement plan. It then discusses several of the issues that face policy makers and how those must be balanced to result in the best outcome.
Source: U.S. Small Business Administration , March 2010. Click on headline to read full article.
Saving for Retirement: A Look at Small Business Owners - Summary: This paper identifies and fills several gaps in our understanding of the retirement savings behavior of business owners and the self-employed. It analyzes the relative importance of business owner characteristics and characteristics of businesses in determining how business owners and the self-employed save for retirement.
Source: U.S. Small Business Administration , March 2010. Click on headline to read full article.
ETFs Slowly but Surely Replacing Mutual Funds in 401k's - Summary: The exchange traded fund (ETF) industry has long lusted after the prospect of being a standard component of 401k plans. While it's making some serious headway, one provider in particular is leading the charge and having an impact.
Source: ETFtrends.com, March 2010. Click on headline to read full article.
New EFAST2 FAQs Address Email Notification for Electronic Credentials; Midnight Filing Deadline - Summary: The DOL has added three new questions to its FAQs on EFAST2. These new FAQs are a good reminder that EFAST2 is still a new system and filers should give themselves extra time to deal with unexpected technology issues.
Source: Employee Benefits Institute of America, March 2010. Click on headline to read full article.
COMMENTARY: Use of Fiduciary Benchmarks' Retirement Readiness Index Could Lead to a Fiduciary Briar Patch - Summary: A recent news article ("Perceptions of Retirement Preparation") focused on differences in Americans' expected preparations for retirement as presented by a recent for-profit start-up firm, Fiduciary Benchmarks, and the nonprofit Employee Benefit Research Institute. This article expands on several of the points raised in that article.
Source: Employee Benefit Research Institute Blog, March 2010. Click on headline to read full article.
Perceptions of Retirement Preparation - Summary: Is a significant portion of us right on track to retire with the nest eggs we'll need? Or, are American workers doomed to work-'til-we drop because we're perennial under-savers? Get used to this kind of confusion. As 77 million baby boomers head toward retirement, more and more financial firms are shifting their focus to the distribution/withdrawal stage of an investor's life as opposed to his/her asset accumulation savings stage. The race is on to come with a formula, process, or products that can ease boomers' twin worries about retirement: 1) Will I be able to afford the lifestyle I want? and 2) How can I be sure I don't run out of money?
Source: Foxbusiness.com, March 2010. Click on headline to read full article.
Target-Date Fund Adoption in 2009 - Summary: Target-date funds are rapidly replacing risk-based life-cycle funds in plan investment menus and are the predominant choice for plans offering a qualified default investment alternative (QDIA). As this increased use reshapes investment patterns, a new research note from Vanguard Center for Retirement Research explores what this trend can mean for plans and participants.
Source: Vanguard , March 2010. Click on headline to read full article.
How Not to Hire An Auditor for Your ERISA Plan - Summary: If you're a plan sponsor whose plan is subject to an ERISA audit, selecting a plan auditor is a fiduciary function. So here are a few (still timely) mistakes to avoid when selecting an auditor.
Source: Retirement Plan Blog, March 2010. Click on headline to read full article.
COMMENTARY: Company Plan Comparisons -- Not a Service to Participants, or Anyone Else for That Matter - Summary: David Wray writes, "Those who would judge a particular company's plan design need to understand that the choice to sponsor a plan is voluntary, and plan design is based on a collection of factors, not the least of which is to keep the organization financially viable. It's great to collect and share information. It's wrong to make judgments."
Source: Profit Sharing/401k Council of America, March 2010. Click on headline to read full article.
Retirement Industry Should Get Ready for Fee Disclosure - Summary: The U.S. Department of Labor hopes to have its revisions to the service provider fee disclosure regulations out by May, according to an official from the Employee Benefits Security Administration.
Source: Planadviser.com, March 2010. Click on headline to read full article.
Target-Date Funds: A Wonder Drug for Participants or a Pandora's Box for All Concerned - Summary: The purpose of this paper is to demonstrate why it is in the best interest of 401k sponsors, participants, and the fiduciaries to carefully reexamine their processes for choosing and then monitoring the behavior and use of target-date funds (or any other QDIA and/or advice provider).
Source: Investment Horizons , March 2010. Click on headline to read full article.
Hartford Fee Lawsuit - Court Grants Preliminary Approval of Settlement - Summary: On March 3, 2010, the district court in Connecticut granted preliminary approval of the proposed settlement in Phones Plus, Inc. v. Hartford Life Insurance Co. Under the settlement, Hartford will pay approximately $14 million and will make several changes to its basic plan documents, group annuity contracts and funding agreements. Hartford also will provide to its current and future plan customers additional disclosures regarding revenue sharing.
Source: Groom Law Group , March 2010. Click on headline to read full article.
COMMENTARY: CITs in 401ks: The Good, the Bad and the Ugly - Summary: As usual, be careful about elixirs marketed as cure-alls. Collective Investment Trusts (CITs), like any other investment products, have good, bad and ugly characteristics. Author shares his experiences with CITs.
Source: Fiduciarynews.com Blog, March 2010. Click on headline to read full article.
The Impact of Automatic Enrollment in 401k Plans on Future Retirement Accumulations - Summary: This EBRI study analyzes plan-specific data of 1,000 large defined contribution plans for salaried employees in 2005 and 2009 to compare a sub-sample of plan sponsors that did not have auto-enrollment in 2005 but that had adopted it in 2009. Study found that the average change was positive under auto-enrollment in each of the following three categories: the first-tier match rate, the effective match rate and the average total employer contribution rate.
Source: Employee Benefit Research Institute , March 2010. Click on headline to read full article.
Income Guarantees in Defined Contribution Plans - Summary: Outlines key ERISA and tax code considerations involved in an employer considering to purchase annuities with 401k assets. The rules will be quickly evolving as the Employee Benefit Security Administration and the IRS develop rules intended to make the purchase of annuities and other insurance guarantees simpler and much more effective.
Source: Businessofbenefits.com , March 2010. Click on headline to read full article.
IRS Addresses HEART Changes for Employers - Summary: The Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART) provided tax breaks and incentives for military personnel and affected how employers treat the wages and benefits of employees on military leave. In Notice 2010-15, the IRS addresses various HEART provisions, including those affecting differential wage payments, survivor and disability retirement benefits and certain plan distributions.
Source: Buck Consultants , March 2010. Click on headline to read full article.
403(b) Arrangements - Title I Exemption - Summary: ASPPA and NTSAA filed comments with the DOL regarding the "limited involvement" safe harbor exemption from Title I of ERISA for certain 403(b) arrangements offered by 501(c)(3) organizations. Relief was requested for arrangements which may now be subject to Title I as a result of the guidance provided by FAB 2010-01.
Source: ASPPA , March 2010. Click on headline to read full article.
Behavioral Economics Helps Explain the Reality of Participant Behavior - Summary: The study of the systematic ways in which people make irrational financial decisions is behavioral economics. This white paper, in providing an introduction to the field of behavioral economics, may help retirement plan sponsors better understand participant behavior and the reasons why a different approach to plan structure and communication could be in order.
Source: Arnerich Massena , March 2010. Click on headline to read full article.
Basic Principles of the Blackout Notice - Summary: A blackout period is defined as a period of more than three-business days during which a participant has been "temporarily suspended, limited or restricted" from any one of the following: directing or diversifying assets credited to their account, obtaining a distribution, or obtaining a loan. This article covers the basics.
Source: McKay Hochman, March 2010. Click on headline to read full article.
Fidelity to Level Fees for DC Plan Advisers - Summary: Under pressure from financial advisers who want to act as fiduciaries in 401k plans, Fidelity Investments plans to institute level 12(b)-1 mutual fund fees paid to advisers who sell the firm's plans.
Source: Investmentnews.com (free registration may be required), March 2010. Click on headline to read full article.
Choosing a Qualified Default Investment Alternative - Summary: Under the new DOL regulatory language, a plan fiduciary may utilize a balanced option as an appropriate default vehicle as long as the underlying investment structure (equity versus bonds) is appropriate based on the overall demographics of the plan, rather than an individual.
Source: Milliman, March 2010. Click on headline to read full article.
Minority Employees Trail in Retirement Plan Participation - Summary: The lowest participation is by nonnative-born Hispanic workers. Employers can tackle the problem of lower minority-worker participation through automatic enrollment, automatic escalation of deferral rates and adding more sophisticated financial education.
Source: Workforce.com (free registration may be required), March 2010. Click on headline to read full article.
DOL Clarifies Form 5500 Filing Time Requirement - Summary: In response to questions regarding the deadline for transmitting a Form 5500 (or 5500-SF), the DOL has indicated it will issue in the near future a new FAQ on the EFAST2 website. This Q&A addresses the anticipated guidance.
Source: Sungard/Relius, March 2010. Click on headline to read full article.
Free IRS Retirement Plans Determination Letter Program Phone Forum - Summary: Andrew Zuckerman, Director of Employee Plans Rulings and Agreements, will be joined by Vickie Surguy, Manager, EP Determinations, to discuss the status of the new determination letter program, the types of "reliance" available to preapproved plans, with or without a determination letter, tips on completing the new Form 5307, along with ways to avoid common mistakes to make the process go more smoothly.
Source: IRS, March 2010. Click on headline to read full article.
PODCAST: The Right Way to Provide 401k Invest. Advice - Summary: Mike Francis, founder of Francis Investment Counsel, weighs in on the importance of providing invest. advice to 401k plan participants in an independent, conflict-free manner, as well as the DOL's recent proposed regulation in this area.
Source: Employee Benefit News (free registration may be required), March 2010. Click on headline to read full article.
2010 Proposed Regulations for Investment Advisors - Summary: The DOL issued revised and proposed new regulations implementing the statutory exemption for providers of invest. advice to benefit plan participants and individual retirement accounts, enacted as part of the Pension Protection Act of 2006.
Source: Dechert LLP , March 2010. Click on headline to read full article.
Increasing Employee Confidence in Retirement Plans - Summary: Is it any wonder that workers are worried about their ability to sustain a comfortable retirement? Several recent surveys reveal the findings about retirement attitudes and activities.
Source: Buck Consultants , March 2010. Click on headline to read full article.
2010 Retirement Plans Comparison Chart for Small Businesses - Summary: This chart provides a comparison of the features and benefits that apply to retirement plans that can be sponsored/adopted by small business owners. Focus on the areas that are important to the business owner.
Source: Retirementdictionary.com , March 2010. Click on headline to read full article.
Target-Date CTFs Taking Hold in the DC Market - Summary: According to Cerulli's latest retirement-focused research, collective trust funds (CTFs) are experiencing a renewed interest over the last few years in the defined contribution landscape.
Source: Plansponsor.com, March 2010. Click on headline to read full article.
High 401k Plan Fees Continue to Deplete Retirement Savings - Summary: One main obstacle employees face as they struggle to save is hidden, high 401k plan fees, which can deprive them of thousands of hard-earned dollars over the course of their career and negatively impact the timing and quality of their retirement.
Source: Accountingweb.com, March 2010. Click on headline to read full article.
A Low Fee Option May Be Coming to a 401k Near You - Summary: They've been around for decades and they're cheaper than mutual funds, yet few companies offer collective investment trusts in their 401k plans. But that seems to be changing.
Source: New York Times, March 2010. Click on headline to read full article.
COMMENTARY: Rating Your 401k - Summary: Rating services of all kinds are hoping to replicate the success of Morningstar, whose star-rating system became the de facto industry standard for mutual funds. But, there's only so much an individual can do in using the latest 401k ratings. 401k plans are just complex, with plenty of moving parts.
Source: Vanguard Blog, March 2010. Click on headline to read full article.
Schwab Finds More Workers Rolling 401k Funds Into IRAs - Summary: New data from Charles Schwab shows that more people are rolling 401k savings into an IRA when leaving a job. According to Schwab data, 69 percent of assets held by 401k participants who left their job in the fourth quarter of 2008 had been distributed from former employers' plans one year later by the end of 2009.
Source: 401khelpcenter.com, March 2010. Click on headline to read full article.
WEBCAST: Professional Help in DC Plans: Is it Working and for Whom? - Summary: Hear from Chris Jones, Chief Investment Officer at Financial Engines, and Pam Hess, Director of Retirement Research for Hewitt. They share results from a new research study on the topic of professional investment advice. They also examine whether participants using professional 401k help are better off, which participants use professional help, and what kind of help do they use?
Source: Hewitt, March 2010. Click on headline to read full article.
GAO Seeks Plan Sponsor Input - Summary: Given the increased congressional interest in 401k plan oversight, the U.S. Government Accountability Office is offering an opportunity to plan sponsors to provide input for a congressional study on "Restrictions on Withdrawals from 401k Plans."
Source: Plansponsor.com, March 2010. Click on headline to read full article.
New Universal Retirement Plan for Small Employers Proposed - Summary: The SPARK Institute released a detailed proposal for a new "Universal Small Employer Retirement Savings Program" to help solve the retirement savings gap for millions of American workers.
Source: 401khelpcenter.com, March 2010. Click on headline to read full article.
Senate Passes Bill to Expand 401k Roth Access - Summary: A legislative amendment could make it easier for participants to do a Roth conversion within a 401k plan – but not for as many as you might have thought.
Source: Planadviser.com, March 2010. Click on headline to read full article.
The 401k Turns Thirty Years Old - Summary: The Revenue Act of 1978 contained a provision that become Section 401k of the Internal Revenue Code and it went into effect on Jan. 1, 1980. Subsequent regulations issued by the federal government in 1981 gave benefit specialists the guidance they needed to set up the pension plans. The 401k has since evolved into the largest private-sector employer-sponsored retirement plan in the U.S.
Source: Businessweek.com, March 2010. Click on headline to read full article.
Leaders Call for the Fiduciary Standard in Financial Reform - Summary: Twelve renowned economists, academics and leading thinkers -- including John Bogle, and Nobel Laureates George Akerlof and Daniel Kahneman -- call for the fiduciary standard, as established under the Investment Advisers Act of 1940 and affirmed by the Supreme Court, to be included in financial reform legislation, and apply to all who provide investment or financial advice.
Source: 401khelpcenter.com, March 2010. Click on headline to read full article.
Financial Services Firms Stumped by the Retirement Income Dilemma - Summary: Despite a proliferation of retirement income products and financial services firms' best efforts to capture the retirement income market, no single leader has emerged in this coveted space. Cogent Research's new In-Retirement Income 2010 report explores familiarity and interest in retirement income products among today's affluent retirees and pre-retirees.
Source: 401khelpcenter.com, March 2010. Click on headline to read full article.
Suddenly, 401k Fee Disclosures Getting Plenty of Attention - Summary: DOL readying proposal that would force service providers to make more info available; House committee unveiling similar legislation this week.
Source: Investmentnews.com (free registration may be required), March 2010. Click on headline to read full article.
Target-Date Series Research Paper: 2010 Industry Survey - Summary: The survey documents trends in target-date fund design, costs, and asset flows since the 2008 market downturn as well as target-date strengths, weaknesses, and returns to investors. It also offers an examination of target-date fund disclosure, and an analysis of the performance of fund series using proprietary, or in-house, versus independent managers in target-date fund construction.
Source: Morningstar , March 2010. Click on headline to read full article.
Key Trends in Employee Financial Picture - Summary: Financial Finesse's 2009 Year in Review based on tracking employees' most pressing financial concerns through their usage of our financial education services. Trend analysis research is compiled by tracking calls into Financial Finesse's Financial Helpline Service, which is available to over 500,000 employees from more than 300 organizations.
Source: Financial Finesse , March 2010. Click on headline to read full article.
The 5500 Nightmare: Completing the Schedule C - Summary: Recordkeepers, bundled plan providers, third party administrators, broker-dealers, RIAs, investment managers, and mutual fund complexes are all struggling . . . with the new Schedule C. This is a review of some issue you should be familiar with.
Source: Reish & Reicher , March 2010. Click on headline to read full article.
The Business Case for a DC Plan - Summary: The answer as to whether and how to invest in retirement benefits involves being clear about the purposes motivating your enterprise to implement a plan, the return on investment you expect from it and your methods for measuring ROI on an ongoing basis.
Source: Mercer, March 2010. Click on headline to read full article.
Four Suggested Focus Areas to Complete a Prudent Fiduciary Review of Target Date Funds - Summary: This paper provides a practical fiduciary approach to analyzing Target Date Funds by suggesting that plan fiduciaries focus on four specific areas: risk, risk-adjusted returns and expenses, underlying funds and reliability.
Source: Securian Retirement , March 2010. Click on headline to read full article.
Section 403(b) Arrangements Meet ERISA - Summary: The DOL issued FAB 2010-01 clarifying the extent to which pre-2009 contracts no longer receiving employer contributions under a tax-sheltered annuity Section 403(b) arrangement may be omitted from ERISA plan reporting, and when Section 403(b) arrangements are exempt from ERISA under the Department's "safe harbor" regulation. The results are some "do" and "do not" rules for tax-exempt employers who want to minimize or claim exemption from ERISA reporting.
Source: Sonnenschein Nath & Rosenthal LLP, March 2010. Click on headline to read full article.
Providers Vie for TPA Attention - Summary: Particularly in the small-plan market, retirement plan providers are seeing more business come through third-party administrators (TPAs)—and, as a result, are ramping up their efforts to attract TPAs.
Source: Planadviser.com, March 2010. Click on headline to read full article.
Americans' Confidence Stabilizing, but Preparations for Retirement Erodes - Summary: Americans' confidence in their ability to retire appears to be stabilizing, now that the economic volatility of the recession has abated, but their self-described preparations for retirement continue to erode, according to the 2010 Retirement Confidence Survey.
Source: 401khelpcenter.com, March 2010. Click on headline to read full article.
2010 Retirement Confidence Survey - Summary: The 44 page 2010 Retirement Confidence Survey finds that Americans' confidence in their ability to afford a comfortable retirement, which had dropped sharply over the past two years, has stabilized now that the economic volatility of the recession has abated. The steep declines in other retirement confidence indicators also appear to be slowing. However, the retirement preparations reported by some workers are eroding, leaving them less prepared for retirement.
Source: Employee Benefit Research Institute , March 2010. Click on headline to read full article.
ASPPA Lauds Senate for Adopting Roth Conversion Proposal - Summary: Thanks to a new provision in legislation being considered by the Senate, workers may not have to give up the advantages of an ERISA 401k plan to take advantage of the special 2010 Roth conversion rules.
Source: 401khelpcenter.com, March 2010. Click on headline to read full article.
IRS 2009-2010 Guidance Plan -- A Look at What's Coming - Summary: Each year the IRS issues a list of its top-priority guidance initiatives for the year, called the guidance plan. The long-awaited list of items was issued in late 2009, and sets forth the plan for issuing much-needed guidance for the July 2009–June 2010 year. A look at a number of provisions from the guidance plan that remain to be addressed will give us an idea of what is in store for the coming year.
Source: Groom Law Group , March 2010. Click on headline to read full article.
DOL Advisory Opinion 2010-01A - Summary: Whether the TIAA "Traditional Annuity" used in 403(b) retirement plans is a fully allocated contract for annual reporting purposes within the meaning of 29 C.F.R. § 2520.104-44(b)(2) and the Form 5500 Instructions.
Source: U.S. Department of Labor, March 2010. Click on headline to read full article.
403(b) Retirement Plan Audits - Frequently Asked Questions - Summary: The AICPA 403(b) Plan Audit Task Force has prepared these questions and answers to assist plan auditors and plan administrators in implementing the DOL financial statement audit requirements for section 403(b) retirement plans that are subject to ERISA.
Source: Business of Benefits Blog , March 2010. Click on headline to read full article.
Corporate America Scrutinizes its 401ks - Summary: Companies are increasingly scrutinizing 401k providers as they restore employee matches following a year of drastic cost cutting.
Source: Thestreet.com, March 2010. Click on headline to read full article.
A Guide to Retirement Plan Fees & Expenses - Summary: In this paper, the author will discuss retirement plan fees and expenses to assist plan sponsors in achieving a greater understanding of their plan operations.
Source: Trucker Huss, March 2010. Click on headline to read full article.
IRS Audits and Bonding for 401k Plans - Summary: The IRS has recently announced the results of two of its LESE (Learn, Educate, Self-Correct and Enforce) audit projects. For both projects, the most common violation was the failure to adequately bond the plan as required by ERISA section 412.
Source: Reish & Reicher, March 2010. Click on headline to read full article.
DOL Proposes New Rules on Providing Invest. Advice - Summary: The Proposed Rule mirrors the DOL's previously published final rule issued in the last days of the Bush Administration, except for two significant differences.
Source: Paul, Hastings, Janofsky & Walker LLP , March 2010. Click on headline to read full article.
Safe Harbor 401k Top-Heavy Plans - Summary: If a plan becomes top heavy and any key employee has had an allocation (including elective deferrals) of 3% or more, then the employer must provide an allocation of 3% to all eligible non-key employees. However, if it is a safe harbor 401k plan, the employer is already providing a contribution, so there are special top-heavy rules that apply to safe harbor plans.
Source: McKay Hochman, March 2010. Click on headline to read full article.
DOL/Treasury Request for Information on Lifetime Income Products - Summary: The Obama Administrations Middle Class Task Force released on January 27, 2010 a Fact lifetime income products. The Fact Sheet indicated that the questions anticipate the potential for new rules or guidance to encourage the availability of annuities and other forms of guaranteed lifetime income in qualified retirement plans.
Source: Dechert LLP , March 2010. Click on headline to read full article.
ASPPA Comments Relating to the Revision of Revenue Procedure 2007-44 - Summary: ASPPA filed these comments with the IRS providing recommendations on the how the procedures for determination letters, plan remedial amendments and other matters covered by Revenue Procedure 2007-44 could be improved. The letter was filed in anticipation of the issuance of an updated revenue procedure in this area.
Source: ASPPA , March 2010. Click on headline to read full article.
DOL, SEC to Issue Alert on Target-Date Funds - Summary: The Labor Department and the Securities and Exchange Commission are working on a joint consumer alert about the way target date funds work in retirement plans, according to a person familiar with the situation.
Source: Investmentnews.com (free registration may be required), March 2010. Click on headline to read full article.
COMMENTARY: Will Annuities Be Mandatory in Qualified Plans? - Summary: Whatever happens with respect to any requirement for longevity guarantees, the entire process will require careful analysis to ensure that employees are, in fact, afforded meaningful guarantees. This analysis entails not merely the method of providing the longevity guarantee, but also the percentage of retirement assets that must be subjected to such a guarantee.
Source: Morningstar, March 2010. Click on headline to read full article.
DOL Updates Guidance for Certain 403(b) Plans - Summary: Employers sponsoring 403(b) plans should review the DOLs FABs 2009-02 and 2010-01 (this document provides an overview) to ensure compliance for the plan year 2009 Form 5500 filing. Early preparation is advised as plan year 2009 is the initial year for electronic filing under the DOLs EFAST2 protocol.
Source: Milliman , March 2010. Click on headline to read full article.
The Impact of New Required 5500 Reporting Requirements - Summary: This comprehensive report was prepared to help facilitate the correct completion of the new requirements for Form 5500 Schedule C to ensure accurate expense information can be captured and reported in a consistent and reliable manner. Provides a definition and commentary on each code.
Source: Fiduciary Risk Assessment LLP , March 2010. Click on headline to read full article.
DOL's Proposed 401k Rules Could Ding Brokers Leaving Spoils to RIAs - Summary: This article explains how independent advisors — and in a separate development index funds — may be well-positioned to capitalize on the new proposed advice rules.
Source: RIABiz, March 2010. Click on headline to read full article.
Managing the Fiduciary Supply Chain - Summary: Retirement plan sponsors oversee a supply chain of services acquired from external vendors. Since ERISA requires plan Administrators (fiduciaries) to prudently select and monitor service providers, managing the supply chain is a critical activity.
Source: Roland|Criss, March 2010. Click on headline to read full article.
Department of Labor "Reproposes" PPA Participant Invest. Advice Regulation - Summary: As the trend toward self-directed accounts emerged, DOL issued guidance elucidating circumstances in which investment support for participants would not raise a prohibited transaction concern.
Source: Sutherland Asbill & Brennan LLP , March 2010. Click on headline to read full article.
Proposed 401k Reforms Stir Debate - Summary: If the U.S. Labor Department has its way, the rules governing who can give Americans invest. advice about their 401ks and IRAs, and how that advice gets delivered and paid for, soon will change. But financial advisors and others disagree dramatically on whether the proposed rules will help or harm investors.
Source: Financial Advisor Magazine, March 2010. Click on headline to read full article.
Forcing Terminated Participants out of Company Stock not ERISA Violation - Summary: A federal court has ruled that a sponsor of an employee stock ownership plan did not breach its fiduciary duties by amending the plan to force terminated employees out of company stock investments.
Source: Planadviser.com, March 2010. Click on headline to read full article.
Managing Fiduciary Responsibility - Summary: As a plan sponsor, how much do you know about the fiduciary responsibility associated with your retirement plan? This overview is intended to help you get started with the management of your fiduciary responsibility.
Source: Invesco , March 2010. Click on headline to read full article.
A Fiduciary's Guide to Target Retirement Date Funds - Summary: Despite all the controversy, target retirement date funds can be an effective investment tool when used properly. Plan fiduciaries need to be aware of the various issues involved. This paper is designed to provide a basic overview of these funds, some of their pros and cons, and various considerations in this area.
Source: Conrad Siegel , March 2010. Click on headline to read full article.
The Top Ten Things to Do If Your 401k Plan Fails Nondiscrimination Testing - Summary: 401k plan sponsors generally do not relish the annual call from their consultant with their plan's nondiscrimination testing results. If your plan regularly passes testing, that's great news. However, if you are not so fortunate or your plan is on the cusp, there are steps you can take to greatly increase your plan's chances of success. This article discusses those choices.
Source: TRI-AD, March 2010. Click on headline to read full article.
COMMENTARY: Advisable Advice Regulations - Summary: We are no longer in a defined-benefit world with specified benefits, or even in a defined-contribution world where accounts are managed by professionals. We are, for better or for worse, in the 401k/participant-directed world. Against this backdrop, the DOL has now reproposed the invest. advice regulations under the fee-leveling and computer-model exemptions added by the PPA.
Source: Pension and Benefits Blog, March 2010. Click on headline to read full article.
DOL Provides Guidance on Reporting Obligations of 403(b) Plan Sponsors - Summary: Employers should revisit their plans to determine whether they are subject to the new Form 5500 reporting requirements, which include new audit and reporting obligations.
Source: McDermott Will & Emery, March 2010. Click on headline to read full article.
Form 5500 Transitional Relief - New Guidance Issued - Summary: Employers sponsoring ERISA-covered 403(b) plans are subject to significantly expanded Form 5500 reporting beginning with the 2009 plan year, as well as a potential audit requirement.
Source: Ice Miller LLP, March 2010. Click on headline to read full article.
Do You Really Want to Be a 401k Consultant? - Summary: Before you take on any 401k business, consider the benefits and pitfalls outlined in this article.
Source: Onwallstreet.com, March 2010. Click on headline to read full article.
Financial Education in 'Living Color' - Summary: Employees may have equal access to 401k plans, but participation is anything but equal. The recent release of Ariel Investments' and Hewitt Associates' study confirms what individual client studies have shown for years - that ethnicity is the number one predictor of 401k behavior.
Source: Employee Benefit News (free registration may be required), March 2010. Click on headline to read full article.
Participant Understanding Greatest Challenge for DC Sponsors - Summary: Sponsors of 401k plans are concerned that employees don't understand their retirement plans, yet many of those same organizations are not increasing efforts to improve member understanding and education over the next year or two.
Source: Employee Benefit News (free registration may be required), March 2010. Click on headline to read full article.
Painting a Realistic Retirement Picture - Summary: Proposal to require plan sponsors to project participants' 401k account balances into lifetime income comes with a minefield of potential problems.
Source: Employee Benefit News (free registration may be required), March 2010. Click on headline to read full article.
CITs Make a Comeback Within 401k Plans - Summary: The recent market's turmoil, along with some high-profile lawsuits, has turned a spotlight on mutual funds' pricing, and that has spurred a resurgence in a product that many 401k plans had historically neglected: collective investment trusts.
Source: American Banker, March 2010. Click on headline to read full article.
Summary of DOLs Invest. Advice Regulations - Summary: This summary was prepared by the law firm of Davis & Harman, LLP. It reviews the following issues: Existing Exemptions and Programs, Fee-Leveling Exemption, Computer Model Exemption, New Computer Model Rule, Generally Accepted Investment Theories and Effects on SunAmerica.
Source: American Benefits Council , March 2010. Click on headline to read full article.
Towers Perrin Retirement Legislative Tracking Chart - Summary: Thousands of bills are introduced in Congress but only a select few are summarized on this chart. This selection represents Towers Perrin's best judgment on the likelihood of enactment and the relevance of the issue for employers.
Source: Towers Perrin , March 2010. Click on headline to read full article.
IRS Issues Tax Tips on Early Distributions from Retirement Plans - Summary: Some taxpayers may have needed to take an early distribution from their retirement plan last year. The IRS wants individuals who took an early distribution to know that there can be a tax impact to tapping your retirement fund. Here are ten facts about early distributions.
Source: CCH, March 2010. Click on headline to read full article.
How You Can Lose Money in a Money Fund: Fees - Summary: If you invest in a money fund, you probably think you won't lose money. But if your money fund is in a variable annuity, you probably lost anywhere from 1% to 3% the past 12 months — not because the funds' investments were bad, but because of additional fees the variable annuity charges. After fees, some money fund accounts in 401k plans may have lost money the past 12 months for the same reason.
Source: AARP, March 2010. Click on headline to read full article.
2010 Reporting & Disclosure Calendar for Benefit Plans - Summary: Summarizes compliance requirements for qualified, single employer benefit plans and is intended to indicate general reporting and disclosure requirements applicable to employee pension and welfare benefit plans on an annual basis.
Source: Sibson Consulting , March 2010. Click on headline to read full article.
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