Vanguard: 60% of 401k Accounts Recovered Another major provider of 401(k) accounts says the typical retirement saver now has more money in their account than they did before the stock market began tumbling two years ago. Source: Associated Press

The Different Flavors of ERISA Fiduciaries Discusses the significant added protection afforded a plan sponsor when it utilizes the services of an advisor serving as a fiduciary under section 3(38) of the Employee Retirement Income Security Act of 1974 as opposed to an advisor serving as an ERISA section 3(21) fiduciary. Source: Morningstar

The Plan Sponsor's Ability to Evaluate Conflicts of Interest When making decisions about their retirement plans, plan sponsors have a duty to understand and evaluate conflicts of interest that could impact the plan. In some cases, plan sponsors are prohibited from entering into transactions that involve conflicts of interest. Those conflicts fall into two broad categories discussed here. Source: Reish & Reicher, PC

Target-Date Fund Users Apparently Don't Understand Their Purpose Some investors in target-date funds apparently do not understand the purpose of the funds and could end up with a potentially inferior portfolio in terms of risk/return tradeoff, according to a study published today by the nonpartisan Employee Benefit Research Institute. Source: 401khelpcenter.com

2009 End-Of-Year FAQ The end of 2009 will prove to be a busy (and hectic) time for those responsible for maintaining benefit plan documents. This FAQ provides answers to some of the more common questions that the folks at Relius have received. Source: Sungard/Relius

2009 Plan Year: Year-End Compliance Reminders Every year, plan sponsors must make sure their plans meet certain compliance requirements, including those listed in this article. This publication identifies the materials you need to review and will help you prepare for year-end. Source: Prudential

Bill Introduced in Congress Would Prohibit Cross Testing A bill, HR 4126, has been introduced in the House of Representatives which, among other things, would prohibit cross testing. Source: Benefitsforward.com

Bill Calls for 401k Income Estimates Legislation introduced in the Senate this week would mandate that 401ks and other defined contribution plans provide data on how much income a participant’s account balance would generate each month at retirement. Source: National Underwriter Life and Health Insurance News

Appeal of United Technologies 401k Ruling Fails A U.S. appeals court has affirmed a lower court ruling that determined United Technologies Corp. did not breach its fiduciary duties concerning its 401k plan expenses and investments. Source: Businessinsurance.com

Year-end Review of New 403(b) Regulations As we approach the end of 2009, 403(b) plan sponsors should review their plans and the way in which they operate. This chart highlights the major provisions of the new 403(b) rules and provides useful references for plan sponsors. Source: Prudential

Addressing 403(b) Plan Issues This is the first of a two part article addressing issues that private sector 403(b) sponsors need to be concerned about, with some recommendations on how to deal with them. Source: Reish & Reicher, PC

DOL Considering 403(b) FAQ The DOL is considering issuing a 403(b) "Frequently Asked Questions" as they have done twice for the Schedule C. The FAQ is to address critical year end 403(b) issues related to reporting and Title 1 status. Source: Business of Benefits Blog

Impact of Economic Conditions on 403(b) Plans PSCA's "Impact of Economic Conditions on 403(b) Plans" reflects responses from 609 not-for-profit organizations that currently sponsor a 403(b) plan. Data in this survey is often categorized by plan size. Plan size is determined by the number of active participants in the organization's plan. Source: Profit Sharing/401k Council of America

Vanguard Study Finds Recovery in 401k Plan Balances The typical 401k participant now has greater 401k retirement wealth than before the severe market downturn, according to a new Vanguard report. Vanguard's research also indicates that investors holding solely target-date funds had even more positive outcomes relative to other participants. Source: 401khelpcenter.com

Insights from Annual Defined Contribution Survey In one of the more challenging economic years in memory, it is not surprising that the pace of change set in motion in defined contribution plans by the Pension Protection Act slackened. If anything, it is remarkable that the adoption of devices such as automatic enrollment and contribution acceleration did not decline. Source: Plansponsor.com

Schwab Study Reveals Sudden Shift in Retirement Expectations Americans are becoming more realistic about retirement, with nearly half of those currently eligible for Social Security now planning to work in their "golden years." But there is one thing all generations refuse to change: 95 percent say they would not be willing to spend less in retirement. Source: 401khelpcenter.com

DOL to Retirement Plan Sponsors: Criminal Sanctions Will Increase for Certain Non-Compliance While the DOL has penalized employers in the past for being slow to remit elective deferral contributions to its 401k plan trusts, Assistant Secretary of Labor Phyllis Borzi, the new head of EBSA, intends to get even tougher. Source: Baker, Donelson, Bearman, Caldwell & Berkowitz, PC