Handling Spousal Consent for a Missing Spouse - Summary: A participant is married and wants a distribution of her accounts. What if she notifies the plan she cannot locate the husband? Alternatively, what if she states she is unable to get spousal consent because he is unreachable due to work location? Or, in the case of battered wife in safe shelter, can the plan request the participant get a court document with provision to update marital status as single? Source: Benefitslink.com, April 2010. Click on headline to read full article.

More 401k Paternalism? - Summary: The recent market turmoil is fresh reminder of how reluctant (or unable) most employees are to take charge of their financial futures is spurring many employers to reconsider the pension-fund model -- at least in terms of making it "dummyproof." As a result, employer-sponsored 401k plans are moving toward a more paternalistic approach according to some. Source: CFO.com, April 2010. Click on headline to read full article.

No Deference To Plan's Decision When Discretionary Authority Given in SPD But Not in Plan Document - Summary: In this case, the Eighth Circuit joins at least three other circuit courts that have ruled that a grant of discretion appearing only in an SPD generally does not confer discretion on the plan decision maker. Source: Employee Benefits Institute of America, April 2010. Click on headline to read full article.

Unisys, Fidelity Win Excessive Fee Case Dismissal - Summary: A federal court has dismissed charges that Unisys Corporation and Fidelity Management Trust Company caused participants in Unisys' retirement savings plan to pay excessive fees. Source: Plansponsor.com, April 2010. Click on headline to read full article.

Employers Allowing Larger 401k Contributions - Summary: Sixty-eight percent of employers report that their company allows employees to contribute 25% or more of their earnings into their 401k plan, according to a recent survey of 401k practices by BLR. Source: Business & Legal Resources, April 2010. Click on headline to read full article.

The Spark Institute Comments on DOL's Proposed Advice Rules - Summary: The SPARK Institute filed a comment letter on the Employee Benefits Security Administration's ("EBSA") proposed invest. advice regulations. Source: 401khelpcenter.com, April 2010. Click on headline to read full article.

401k Investors Uncertain If Assets Can Be Converted To Roth IRAs - Summary: Fidelity Investments released a study that finds more than half (55 percent) of newly eligible investors who have old 401ks with former employers are not certain whether their assets can be converted to Roth IRAs. Source: 401khelpcenter.com, April 2010. Click on headline to read full article.

Judge Certifies Class in 401k Case - Summary: A federal judge has certified a class of as many as 160,000 Wells Fargo employees in a lawsuit against the company over its handling of their retirement accounts. Source: West Virginia Record, April 2010. Click on headline to read full article.

Retirement Income Guarantee Products Snapshot Survey - Summary: PSCA conducted a snapshot survey of plan sponsors in March, 2010 to determine their views on retirement income products. This is an overview of the survey results. Source: Profit Sharing/401k Council of America , April 2010. Click on headline to read full article.

2010 Investment Company Fact Book - Summary: U.S.-registered investment companies play a significant role in the U.S. economy and world financial markets. These funds managed more than $12 trillion in assets at the end of 2009 for nearly 90 million U.S. investors. This is a 250 page review of trends and activity in the investment company industry. Source: Investment Company Institute , April 2010. Click on headline to read full article.

Year-End Plan Amendments Needed Under the HEART Act - Summary: Under the HEART Act, additional relief provisions are provided for military personnel, and Notice 2010-15 provides much-needed guidance on the proper interpretations of the key pension provisions, in question-and-answer format. Importantly, it clarified that plan amendments are needed by the end of the 2010 Plan Year. This article is an in-depth review. Source: Groom Law Group , April 2010. Click on headline to read full article.

COMMENTARY: 401k Fees That Matter - Summary: The DOL wants 401k Plan Sponsors to look at fund fees. The average ERISA fiduciary accepts the definition of “fees” without much deliberation. Will this casual acceptance eventually sting the fiduciaries in their collective liability posterior? Source: Fiduciarynews.com, April 2010. Click on headline to read full article.

Top 10 Tips for the New Form 5500 Electronic Filing Requirements - Summary: Effective for plan years beginning on or after January 1, 2009, all Forms 5500 must be filed electronically using the DOL's new electronic filing program, EFAST2. This article covers the top 10 things you should know about filing your Form 5500 using EFAST2 Source: McDermott Will & Emery LLP, April 2010. Click on headline to read full article.

Most Americans to Reduce IRA Savings in 2010 - Summary: Almost 40 percent fewer Americans expect to fully fund their IRAs this year than did in 2009, according to the results of a survey of 1,000 Americans released today by Putnam Investments. Only one in seven (14%) survey respondents plan to fully fund their IRAs in 2010, versus 23 percent who fully funded an IRA in 2009. Source: 401khelpcenter.com, April 2010. Click on headline to read full article.

Momentum Builds for Annuities in 401k Plans - Summary: More retirement think tanks are getting on board with the idea of including annuities in 401(k) plans, but so far, only a handful of large employers have this as an option. Source: Employee Benefit News (free registration may be required), April 2010. Click on headline to read full article.

ASPPA Requests EFAST2 Extension from DOL - Summary: The following is a statement of The American Society of Pension Professionals & Actuaries (ASPPA) requesting a blanket extension to file the revised Form 5500 for 2009 plan years in order to implement the U.S. Department of Labor's new EFAST2 system changes. Source: ASPPA , April 2010. Click on headline to read full article.

The Limited Scope Plan Audit Exemption - Summary: The Department of Labor allows an exclusion from the annual audit of assets of the plan which are held by a bank or similar institution or insurance company that is regulated and subject to periodic examination by a state or federal agency. Source: 401k CPA Blog, April 2010. Click on headline to read full article.

DOL Wants More Employer Disclosure on Target-Date Funds - Summary: The Labor Department says it will revamp a 2007 regulation to require that employers provide more information to employees about what are called target-date retirement funds for automatic enrollment 401k plans and other participant-directed retirement plans. Source: Businessinsurance.com, April 2010. Click on headline to read full article.

RIAs Starting To Create Their Own 401k Companies - Summary: For the most part, the biggest, most profitable companies in the 401k market have relied almost exclusively on stock brokers to help distribute their products. But RIAs are starting to smell opportunity, because new regulations are likely make it more difficult for brokers paid by commission to operate in this environment. Source: RIABiz.com, April 2010. Click on headline to read full article.

Time To Replace the 4% Rule - Summary: How much should you withdraw from your accounts earmarked for retirement? Answer that question correctly and you get to enjoy the retirement of your dreams. Answer it incorrectly and you either outlive your assets or you leave more money to your heirs than planned. Source: Marketwatch.com, April 2010. Click on headline to read full article.

The Hidden Risk in Target-Date Funds - Summary: Choosing the appropriate target-date fund for a plan is not easy, given the large number of products in the marketplace and the lack of tools to easily compare those offerings. That choice, however, is made a lot easier if one focuses on the component of TDFs where investors are exposed to the greatest risk – the "risk zone." Source: Target-Date Solutions , April 2010. Click on headline to read full article.

SEC's Custody Rules May Complicate Life for Advisers - Summary: Financial advisers will have to stop serving as a 401k trustee or face auditing costs of $10,000 or more for each of their custodial clients as a result of new rules adopted by the Securities and Exchange Commission. Source: Investmentnews.com (free registration may be required), April 2010. Click on headline to read full article.

DOL Believed To Be Examining New 403(b) Guidance - Summary: The Department of Labor may provide guidance on 403(b) sponsor fiduciary responsibilities regarding participant annuity investments, private sector ERISA lawyers predicted last week. Source: Euromoney Institutional Investor, April 2010. Click on headline to read full article.

Americans' Projected Retirement Age Continues to Creep Up - Summary: Americans' projected retirement age has gradually increased over the past 15 years, with more than a third of nonretirees today saying they will retire after age 65, compared with 12% in 1995. This marks the first time Gallup has recorded more nonretirees saying they will retire after age 65 than before that age. Source: Gallup, April 2010. Click on headline to read full article.

Cogent Research Reports IRA Assets Now Surpass 401ks - Summary: For the first time since Cogent Research has been tracking investor allocations, wealthy Americans now hold more assets in IRAs than in workplace-based retirement accounts like 401ks and 403(b)s. Source: 401khelpcenter.com, April 2010. Click on headline to read full article.

Consultants Report Growth in Custom Target-Date Strategies - Summary: Investment consultants say custom target-date strategies are growing in prevalence as options in defined contribution retirement plans, such as 401ks, according to the 4th Annual Defined Contribution Consulting Support and Trends Survey released by PIMCO. Source: 401khelpcenter.com, April 2010. Click on headline to read full article.

Minding the 401k Gaps - Summary: If you have been fortunate enough to have traveled to London and ridden the underground, you may recall the sign "Mind the Gap". This gap is the opening or pit between the door of the train and the station platform. "Mind the gap" also applies in the 401k world and there is more than one gap, any of which that will cause a broken future retirement income. Source: 401khelpcenter.com, April 2010. Click on headline to read full article.

Roth 401k Conversions Likely To Be Approved - Summary: Legislation allowing defined-contribution-plan participants to convert plan assets to an in-plan Roth account may be passed into law as soon as the end of next month. Source: Investment Company Institute, April 2010. Click on headline to read full article.

Push Back on Fund Expenses: Who Pays Them? - Summary: Given the gray area of fund expenses, investors are not only asking who should bear expenses, but they are also asking more specific questions as to what is (or should be) fund expenses. This article looks at some of these discrete expenses. Source: Pepper Hamilton LLP, April 2010. Click on headline to read full article.

Boston Scientific Hit With 401k Suit - Summary: Boston Scientific Corporation (BSC) is the subject of a class action suit accusing the company of violating its ERISA plan. Source: Lawyersandsettlements.com, April 2010. Click on headline to read full article.

BrightScope Shines a Light on 401k Plans - Summary: The company's rating system gives employees insights into brokerage and other plan fees. Employers and plan advisors are taking notice. Source: Workforce.com (free registration may be required), April 2010. Click on headline to read full article.

COMMENTARY: The Prudent Process -- A Beautiful Thing - Summary: Many believe that there is a best practices approach to target-date fund design that the government should mandate for every employer-sponsored defined contribution program. They are unhappy at the wide variety of approaches. They are unhappy with the process that permits such variation. They are especially unhappy with approaches that are not theirs. Source: Profit Sharing/401k Council of America, April 2010. Click on headline to read full article.

More Retirement Plans Require Audits - Summary: I serve on the board of directors of a large, long-established, non-profit institution. We have recently been advised by our accountant that we must have a full audit of our retirement plan conducted. Why? And what's involved? Source: Northjersey.com, April 2010. Click on headline to read full article.

Even Extreme Market Volatility Did Not Inspire Workers to Take Action in Their 401k's - Summary: Neither record-breaking losses in 2008 nor a robust market rally in 2009 incentivized workers to put 401k retirement saving at the top of their priority lists last year, according to a new report from Hewitt Associates. Source: 401khelpcenter.com, April 2010. Click on headline to read full article.

Vanguard: 75% of DC Plans Include TDFs - Summary: Use of target-date funds is up significantly thanks to their status as qualified default investment alternatives under the Pension Protection Act of 2006 and the growth of automatic enrollment in company-sponsored plans, according to a new Vanguard study. Source: Employee Benefit News (free registration may be required), April 2010. Click on headline to read full article.

Best Ways To Tap Retirement Cash - Summary: Because the recession has thrown millions out of work and tightened the vise on others, financial planners are increasingly hearing from clients who want to tap their retirement plans for short-term needs. Source: MoneyWatch.com, April 2010. Click on headline to read full article.

Employers Say Benefit Costs Trump Employee Retention - Summary: For the first time since 2006, controlling benefit costs edge out employee retention as the top concern facing employers, according to MetLife's eighth annual "Employee Benefits Trends Study." In the survey, employee productivity ranked third as a key benefits objective, with 84% of respondents expressing a renewed interest in this area, up from 79% in 2008. Source: Employee Benefit News (free registration may be required), April 2010. Click on headline to read full article.

8th Annual Study of Employee Benefits Trends - Summary: MetLife has surveyed employers and employees on pressing issues facing the U.S. benefits industry today and compiled the results in its annual Study of Employee Benefits Trends. This year's results point to the apparent resilience of workplace benefits in a challenging economy and reveal that as employers and employees continue to deal with the effects of the economic downturn, they are focused on the long term. Source: MetLife , April 2010. Click on headline to read full article.

Plan Expenses and Cost Cutting - Summary: ERISA allows employers to pay certain plan expenses with plan assets. Both the IRS and DOL have issued guidance on this subject. Employers should use caution when considering charging expenses to assets, however, because not all types of expenses can be paid from plan assets. Source: McKay Hochman, April 2010. Click on headline to read full article.

VIDEO: Dallas Salisbury on Retirement Readiness - Summary: Dallas Salisbury at the 2010 P&I East Coast Defined Contribution Conference shares the data on America's retirement readiness in this six minute video. Source: PIonline.com, April 2010. Click on headline to read full article.

Chart of Retirement Account Balances - Summary: This Fact Sheet on Retirement Policy: Retirement Account Balances, shows the accumulation in retirement accounts by quarter for the years 2005 to 2010. Source: Urban Institute , April 2010. Click on headline to read full article.

Court Decision on 401k Fees Warrants a New Rationale - Summary: In its 2009 decision in Hecker v. Deere & Co., the 7th Circuit U.S. Court of Appeals reaffirmed the lower court's dismissal of the plaintiff's complaint. This decision concerns many adherents of fiduciary best practices, and others have already drawn attention to its many flaws. A further look at the Deere decision is warranted. Source: Employee Benefit News (free registration may be required), April 2010. Click on headline to read full article.

Determining the Appropriate Benchmark: A Review of Major Market Indexes - Summary: Those charged with overseeing a portfolio often evaluate benchmarks to gain perspective on their investments' performance. Absolute results reveal little about why a gain or loss occurred. But relative results, obtained through comparison with market indexes, can shed considerable light on such questions. This paper examines how the major index providers construct and maintain their measures, and offers guidelines for selecting the most appropriate benchmark to evaluate a portfolio's performance. Source: Vanguard , April 2010. Click on headline to read full article.

Target-Date Fund Investing: Shattering the Myths - Summary: Target-date funds (TDFs) continue to be the subject of intense discussion, especially in the aftermath of the market crisis of 2008–2009. While TDFs have solidified their position as a centerpiece of the defined contribution plan, the debate rages on. This paper provides insight into TDF usage, design, and effectiveness. Source: Vanguard , April 2010. Click on headline to read full article.

Beverly Enterprises Settles 401k Plan Excessive Fee Charges - Summary: Beverly Enterprises has agreed to settle for $6.25 million claims that it caused its 401k plan to incur excessive fees. Source: Plansponsor.com, April 2010. Click on headline to read full article.

Transforming 401k Plans Into DB Plans - Summary: In the quest to make 401k plans look more like defined benefit plans, government officials are reaching out to employers and other stakeholders in the retirement plan industry for advice on offering annuities through defined contribution plans. Source: Employee Benefit News (free registration may be required), April 2010. Click on headline to read full article.

Are Your Policies and Procedures Just a Myth? - Summary: Now is a good time to review certain policies and procedures that your plan may have (or should have) adopted. The purpose of this article is to address some of those policies and procedures and outline some of the issues you should be aware of. Source: Reish & Reicher, April 2010. Click on headline to read full article.

Investment Policy Statements and QDIAs - Summary: Many investment policy statements either don't have provisions for qualified default investment alternatives or, if there are provisions, have inadequate descriptions of the selection and monitoring process. While the law does not contain specific rules about the issues that plan sponsors should evaluate in selecting and monitoring target-date funds, the points addressed in this article are a good starting place. Source: Reish & Reicher, April 2010. Click on headline to read full article.

The Fiduciary Decision To Choose the ERISA Plan Auditor - Summary: Since many ERISA plans are in the process of preparing their audited financials for the 2009 Form 5500, this is a good time to reflect on the nature and responsibilities that the plan administrator has in connection with the audit process. Source: Pension & Benefits Blog, April 2010. Click on headline to read full article.

COMMENTARY: Level Fees Are Right Way To Avoid Conflicts - Summary: The invest. advice regulation for 401k plans recently released by the Labor Department offers more than proposed guidelines for making advice available to retirement plan participants: It provides clear evidence of why the growing regulatory crackdown on conflicts of interest will radically change the people, products and processes associated with providing invest. advice. Source: Investmentnews.com (free registration may be required), April 2010. Click on headline to read full article.

Mutual Fund Expense Ratios Ticked Up in 2009 - Summary: The average expense ratios of stock funds and bond funds rose slightly in 2009, but the total fees and expenses, including load fees, paid by investors remain largely unchanged on an asset-weighted basis, according to research published by the Investment Company Institute. Source: Investment Company Institute, April 2010. Click on headline to read full article.

COMMENTARY: Problems the New DOL Invest. Advice Rule Poses To the 401k Fiduciary - Summary: Author asks, "Did you know the Department of Labor's proposed Investment Advice Rule may increase a 401k plan sponsor's fiduciary liability? If a plan enters into a prohibited relationship with a vendor – or if an existing relationship now becomes prohibited – fiduciary liability rises." Source: Fiduciary News, April 2010. Click on headline to read full article.

Employers' 401k Matches Are Making a Comeback - Summary: A wave of firms are restoring contributions to employee retirement plans after suspending them in the wake of the crisis, a sign of growing confidence in the country's economic recovery. Source: Washingtonpost.com, April 2010. Click on headline to read full article.

Employers Planning To Maintain Retirement Changes Made During Economic Downturn - Summary: A majority of employers that made changes to their retirement plans in response to the economic downturn expect to keep those changes in place throughout 2010. This is among the findings in a survey released by Buck Consultants. Source: 401khelpcenter.com, April 2010. Click on headline to read full article.

PODCAST: Who's a Fiduciary, Who's Not and What's the Difference? - Summary: Speaker: Bruce Ashton, a partner of the law firm of Reish & Reicher. He explores the often-misunderstood world of fiduciary status and provide answers to some of the most industry's most probing questions. Who is a fiduciary? Who should be — and who shouldn't? What's the difference between a 3(21) and a 3(38) fiduciary? When is guidance not fiduciary advice? Source: The Standard, April 2010. Click on headline to read full article.

Officials Discuss Difficulties of Annuitizing 401ks - Summary: The use of annuities in retirement plans is just one of the concepts public officials have been kicking around. Public officials turned to employee benefits executives for guidance on how best to incorporate such products into retirement plans. Source: Investmentnews.com (free registration may be required), April 2010. Click on headline to read full article.

Some Target-Date Funds Adjusting After Criticism - Summary: Once hailed as easy-does-it, self-contained retirement portfolios for average investors, target-date funds faced widespread criticism during and after the 2008 downturn. Some experts say the criticism may have been beneficial by drawing attention to underlying problems and perhaps inspiring some funds to make changes. Source: New York Times, April 2010. Click on headline to read full article.

What Is the End Game With Target-Date Funds; Retirement or Death? - Summary: An article recently published in a retirement plan industry journal addressed criticisms of the construction of Target-Date Retirement portfolios that are based on a "through" retirement approach. The term "through" retirement implies that the glide-path, the formula by which the portfolio's asset allocation rebalances over time, carries through retirement to death. This strategy is contrasted by the "to" retirement approach, in which the glide-path is designed to end, or become static, at retirement, as opposed to death. Which is right, retirement or death? Source: 401khelpcenter.com, April 2010. Click on headline to read full article.

Death of the Generalist Broker in Retirement Plans - Summary: Specialization is the future of the financial services industry. The day of the generalist broker is quickly coming to an end. Complex financial products and legislation have made it difficult if not impossible for one-stop shopping in which a single broker can meet all of a client's personal and professional needs. No where will you find this more evident than in the ERISA plans such as 401k and 403(b). Source: 401khelpcenter.com, April 2010. Click on headline to read full article.

2010 Guide To ERISA Reporting and Disclosure - Summary: This 44 page "2010 Guide to ERISA Reporting and Disclosure" was prepared by PricewaterhouseCoopers' Human Resource Services practice to help plan sponsors, plan administrators, plan trustees, attorneys and accountants comply with the reporting and disclosure requirements of ERISA and the Internal Revenue Code. Source: PricewaterhouseCoopers , April 2010. Click on headline to read full article.

Keeping a Watchful Eye on Retirement Plan Auditors - Summary: The Department of Labor recently introduced an initiative that practitioners refer to as auditing the auditors. Under this program, DOL is issuing letters to accounting firms who perform audits for qualified retirement plans, requesting copies of work papers and management letters, typically referred to as the SAS 112 Letter. Source: Employee Benefit News (free registration may be required), April 2010. Click on headline to read full article.

Workers With 401ks More Proactive in Investing - Summary: Workers who are offered 401k plans, or similar employee-funded arrangements, exhibit more proactive retirement savings behaviors, demonstrate higher levels of knowledge about retirement investing, and are more confident in their ability to retire comfortably, according to a new survey. Source: Employee Benefit News (free registration may be required), April 2010. Click on headline to read full article.

Recent Reports on Retirement Topics from the DOL's ERISA Advisory Committee - Summary: This is an overview of the conclusion recently reported out by the DOL's ERISA Advisory Committee related to several retirement issues. Source: Employee Benefit Research Institute , April 2010. Click on headline to read full article.

Report on Stable Value Funds and Retirement Security - Summary: This report was produced by the 2009 Advisory Council on Employee Welfare and Pension Benefit Plans. This Working Group purpose in studying stable value funds and other stable value investment products was to determine whether the DOL should provide (i) requirements or guidelines to retirement plan service providers related to the design or marketing of Stable Value Fund investments; (ii) requirements or guidelines to plan sponsors and fiduciaries for selecting and monitoring Stable Value Funds; and (iii) information to plan participants to assist them in making informed investment decisions regarding Stable Value Fund investments in participant-directed plans. Source: U.S. Department of Labor, April 2010. Click on headline for full article.

Report on Promoting Retirement Literacy and Security by Streamlining Disclosures to Participants and Beneficiaries - Summary: This report was produced by the 2009 Advisory Council on Employee Welfare and Pension Benefit Plans. This Working Group believes the DOL needs to address ERISA's disclosure requirements and made a number of recommendations to the Secretary of Labor for consideration. Source: U.S. Department of Labor, April 2010. Click on headline for full article.

Report on Approaches To Retirement Security - Summary: This report was produced by the 2009 Advisory Council on Employee Welfare and Pension Benefit Plans. This Working Group reached a consensus focusing on the adequacy of and structure of U.S. retirement plans to assess whether structural aspects of these plans contribute to retirement security. Source: U.S. Department of Labor, April 2010. Click on headline for full article.

Roth IRA Conversions from Qualified Plans - Summary: The recent tax changes have provided taxpayers additional opportunities to convert to a Roth IRA. Determining whether a Roth conversion is the right strategy takes thoughtful consideration. Taxpayers and their advisers will need to be mindful of many factors, but with the right facts, a Roth conversion can provide significant tax savings and accumulation of wealth. Source: American Institute of Certified Public Accountants, April 2010. Click on headline to read full article.

Conservation of Choice: Simplifying Investment Options To Better Serve Participants - Summary: This paper explores why retirement plan participants tend to under save, misunderstand their investment options, and make poor allocation decisions. Based on studies in behavioral finance, it offers some potential solutions for structuring plan options to encourage participants rather than frustrate and confuse them. Source: Arnerich Massena , April 2010. Click on headline to read full article.

VIDEO: 401k Fee Disclosure Under 408(b)2 Regulations - Summary: Forthcoming Labor Department rules are expected to expose conflicts in how financial advisers deliver retirement advice to workers. Kristen McNamara talks with attorney Jason Roberts about the significance of these disclosure requirements. Source: Marketwatch.com, April 2010. Click on headline to read full article.

Tale of Two Retirements: Workers With and Without 401k Plans - Summary: New research conducted by the non-profit Transamerica Center for Retirement Studies highlights how the availability of 401k and similar employee-funded retirement plans, or lack thereof, may lead workers down divergent paths in saving and planning for retirement, which, in turn, may result in dramatically different outcomes when they reach retirement age. Source: Transamerica Center for Retirement Studies , April 2010. Click on headline to read full article.

11th Annual Transamerica Retirement Survey - Summary: The results of the 11th Annual Transamerica Retirement Survey -- conducted among nearly 3,600 American workers -- found that workers who are offered 401k plans, or similar employee-funded arrangements, exhibit more proactive retirement savings behaviors, demonstrate higher levels of knowledge about retirement investing, and are more confident in their ability to retire comfortably. Source: Transamerica Center for Retirement Studies , April 2010. Click on headline to read full article.

Preparing for Retirement in an Uncertain World - Summary: Stock market volatility, poor investment choices and the lack of worker participation in defined contribution plans have led to calls to replace 401ks and IRAs with a government-run retirement program with guaranteed rates of return. In order to determine whether it is better to let government invest workers' retirement savings or to improve upon private retirement plans, this study compares the performance of retirement funds invested in the market to the returns on workers' contributions to Social Security. Source: National Center for Policy Analysis , April 2010. Click on headline to read full article.

2009 Risks and Process of Retirement Survey - Summary: This report presents the results of a telephone survey among Americans aged 45 to 80 conducted by Mathew Greenwald & Associates, Inc., and the Employee Benefit Research Institute on behalf of the Society of Actuaries. The purpose of the study was to evaluate Americans' awareness of potential financial risks in retirement, how this awareness impacts the management of their finances with respect to retirement, and how Americans are managing the process of leaving the workforce. Source: Society of Actuaries , April 2010. Click on headline to read full article.

PODCAST: 403(b) Plan Update - Summary: Kevin Kidwell of American United Life Insurance Company discusses trends among 403(b) plans and plan sponsors, who are striving to keep up with fiduciary responsibilities. Source: Plansponsor.com, April 2010. Click on headline to read full article.

Retirement Plan Survey 2010 - Summary: This study was conducted to gain a general assessment of the level of understanding of investments, fees and administrative practices related to retirement plans. The survey's major findings address: Fiduciary and investment challenges in 2009, Employer and employee economic challenges in 2009, Plan design features, Tax and ERISA compliance issues, and 403(b) plans. Source: Grant Thornton LLP , April 2010. Click on headline to read full article.

Supreme Court Unanimously Reinforces Gartenberg Approach in MF Fee Cases - Summary: On March 30, 2010, the United States Supreme Court, in a unanimous decision, standardized the law for determining whether investment adviser fees are excessive for purposes of the adviser's fiduciary duty under Section 36(b) of the Investment Company Act of 1940. Source: Paul, Hastings, Janofsky & Walker LLP , April 2010. Click on headline to read full article.

Public Comments on DOLs RIF on Lifetime Income Options for Retirement Plans - Summary: In February, the DOL announced a request for information (RFI) soliciting public comments to assist the agency in determining what steps to take to enhance retirement security for workers in employer-sponsored retirement plans through lifetime annuities or other arrangements that provide a stream of income after retiring. This page provides the comments the DOL has received to date. Source: U.S. Department of Labor, April 2010. Click on headline to read full article.

Court Rules in Principal 401k Rollover Lawsuit - Summary: A federal district court recently denied class certification in a lawsuit relating to the rollover of funds from 401k plans for which Principal provided retirement services. In denying class certification, the court rejected many of the arguments that the plaintiff made in support of claims that Principal were acting as ERISA fiduciaries. Source: Groom Law Group , April 2010. Click on headline to read full article.

Target-Date Funds 2.0 - Summary: After taking massive losses in 2008, many on Wall Street expected investors in target-date funds to pull out their assets and invest their retirement savings elsewhere. But according to Morningstar Inc., investors have ignored the criticism and made target-date funds the focus of their retirement savings. Source: Financial-Planning.com, April 2010. Click on headline to read full article.

DOL Issues New Proposed Regulations on Participant Invest. Advice - Summary: The Department of Labor has again issued proposed regulations on provisions under the Pension Protection Act of 2006 designed to facilitate offering invest. advice to participants in individual account plans, such as 401k plans. Source: Buck Consultants , April 2010. Click on headline to read full article.

Avoiding Issues in Audit - Summary: This is the PowerPoint slides from a presentation by Jason Loden, Partner, Thompson & Knight LLP, on avoiding issues in IRS, DOL and other plan audits. Source: Thompson & Knight LLP (PowerPoint), April 2010. Click on headline to read full article.

401k Plan Checklist - Summary: Every year you should review your requirements for operating your 401k retirement plans. The IRS provides this checklist to help you keep your plan in compliance with many of the important rules. Source: IRS , April 2010. Click on headline to read full article.

COMMENTARY: It's Time to Shed Some Light on 12(b)-1 Fees - Summary: The trailing mutual fund expenses are a contentious issue among advisers, with one camp vigorously defending them as a way to cover the expense of continuing work on a client's behalf, while other advisers criticize them as a needless drag on performance. But without true transparency, consumers cannot make educated investment decisions. And if that's the case, no one wins. Source: Investmentnews.com, April 2010. Click on headline to read full article.

Sixty-day Rollover Requirement Check is Payable to Second Plan's Sponsor - Summary: A taxpayer's receipt of a check from her former employer's plan that she intended to deposit in her new employer's plan and that was made payable to her new employer for the benefit of the taxpayer was a direct rollover distribution that was not subject to the 60-day rollover requirement according to IRS. Source: CCH, April 2010. Click on headline to read full article.

Extenders Bill Would Allow for Rollover of Plan Distributions to Roth 401k Accounts - Summary: The American Workers, State and Business Relief Bill of 2010 (H.R. 4213), which would extend through 2010 nearly $30 billion in expired tax provisions, would also allow participants in 401k plans to roll over distributions to a Roth account maintained under the plan. Source: CCH, April 2010. Click on headline to read full article.

Items for Plan Fiduciaries to Consider When Selecting and Monitoring Target-Date Funds - Summary: The American Benefits Council and the Investment Company Institute have identified a number of items that fiduciaries of defined contribution retirement plans may want to consider when selecting and monitoring target-date funds. They are outlined in this letter to the Employee Benefits Security Administration. Source: American Benefits Council , April 2010. Click on headline to read full article.

COMMENTARY: All Fiduciaries Are Not the Same - Part I - Summary: The author says, "I will attempt to shed light in a two-part series on an issue that is receiving an increasing amount of attention in the 401k marketplace: The roles of ERISA section 3(21) fiduciary investment advisors and section 3(38) fiduciary investment managers." Source: Capital Directions, LLC, April 2010. Click on headline to read full article.

Are Stable Value Funds the Answer? - Summary: Stable value funds can have a place in a retirement plan's investment lineup. But they are not risk free. Here is a two page overview. Source: Lord Abbett , April 2010. Click on headline to read full article.

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