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BPP Newsletter

BPP401k.com Newsletter
January 27, 2010

News Highlights

Obama To Propose ‘Automatic Workplace IRAs’ In his State of the Union address Jan. 27, President Barack Obama will propose the creation of a new employer-sponsored retirement account: the “automatic workplace IRA.” Source: Employee Benefit Adviser

Mercer Puts Out ‘10 for ’10’ list for DC sponsors To start the new year, Mercer has combined some of my favorite things: lists and clever plays on words/numbers — oh, and good information, too. Source: Employee Benefit News

How Much Are You Paying? A Guide to 401(k) Fees Retirement savings is a central topic in the Obama administration's proposed initiatives to help struggling middle class families. And one of the concerns to be addressed is improving the ability of workers to determine how much they're paying for the management of their 401(k) plan. Source: New York Times

FREE DOWNLOAD: Federal Withholding Tables with Highlights Source: Wolters Kluwer

Some Plan Sponsors Still Hazy on PPA, Fiduciary Issues A new AllianceBernstein study suggests that small-plan sponsors could use some help understanding the Pension Protection Act (PPA) and their fiduciary roles. Source: PlanAdviser

U.S. Justices Decline To Hear 401(k) Case The U.S. Supreme Court decided this week not to hear a lawsuit that claimed unreasonable fees were being charged for investment options. Source: LegalNewsline.com

401(k) Fees: Check Out Yours Now Congress and Corporate America have dithered and stalled for years coming up with a clear way to show 401(k) participants the fees they pay in their 401(k) plans; effectively stonewalling Americans from obtaining information that is central to successful investing. Source: CBS Money Watch

Benefit Plans Plus Announces New, Expanded Roles As part of the long-term plan to strategically manage the growth and success of the firm, Benefit Plans Plus has promoted Michelle Meyer to Manager of Operations and Julie Martin to Supervisor.

The SPARK Institute Releases Final 5500 Guidelines For Multiple Vendor 403(b) Plans The SPARK Institute has just released the final version of its guidelines on Form 5500 Aggregation for multiple vendor ERISA-covered 403(b) plans, said Larry H. Goldbrum, General Counsel. Source: Benefits Link

Guidelines for Multiple Vendor 403(b) Plans - 2009 Form 5500 Aggregation 2009 Form 5500 aggregation across multiple investment-provider vendors is expected to create unique challenges. As such, these 2009 Guidelines were developed exclusively to address the challenges of completing the 2009 Form 5500. Source: The Spark Institute

More Advisors Focusing On 401(k) Business Jerry Verseput has a plan to grow his advisory business in 2010: focus on 401(k) clients. Verseput, whose firm, Veripax Financial Management LLC in El Dorado Hills, Calif., oversees $14 million for about 80 clients, says a fifth of his business is already retirement plans for small employers, such as a local construction firm and a not-for-profit. But those accounts have largely come piecemeal, in at least one case because a local business owner was already one of his individual clients. Source: Financial Advisor

Federal Court Approves 401(k) Settlement Involving Hartford Life A federal court in Connecticut has approved a partial settlement in a class-action civil suit involving the handling of 401(k) plans by Hartford Life Insurance Co. Source: Insurance & Financial Advisor

Your Best 401k Moves For 2010 Fear played a big part in limiting contributions to retirement plans last year. But 401k's are still a good investment, and these 5 moves can help rejuvenate yours. Source: MSN Money

Automatic Enrollment Leads to Higher Match Rates From Large Plan Sponsors New research from the nonpartisan Employee Benefit Research Institute finds that employers adopting automatic enrollment in their 401k plans have also generally increased the employer match to participant's accounts—in some cases, by a significant amount. Source: Employee Benefit Research Institute

Significant Compensation and Benefit Due Dates for 2010 This Hewitt compliance calendar assumes a plan administered on a calendar year-end basis by an employer with a calendar year-end fiscal year. Events that are non-annual in nature, or directly related to specific circumstances of individual participants (such as retirement forms), are not included in this calendar. In general, the information for pension plans applies to single employer plans. Source: Hewitt Associates

Plan Rollovers to a Roth IRA This is the second in a series of Technical Updates, covering Roth IRA issues, including 2010 law changes, plan to Roth IRA rollovers, Roth IRA conversions, recharacterizations and reconversions, and taxation issues associated with Roth IRA transactions. This part of the series discusses the rules relating to pre-tax plan rollovers to a Roth IRA. Source: Sungard/Relius

The Curious Matter of 403(b) Plan Disqualification We all know what happens when a 401(a) rule is violated, its affect on plan qualification, and what to do about it. We would be badly mistaken if we were to apply those same concepts, experiences and rules to managing problems arising from the violation of a 403(b) rule. 403(b) plan disqualification isn't what you might otherwise think. It is truly a curious matter. Source: Business of Benefits Blog

Survey Shows Wide Gap in Knowledge of Fiduciary Responsibility This new research reveals significant differences between small and large defined contribution plan sponsors in their understanding of fiduciary responsibility. Source: 401khelpcenter.com

A 2010 Fiduciary Planning Guide for Plan Sponsors This is a 2010 planning calendar designed to be used primarily by sponsors of single employer plans. Covers both DC and DB calendar year and non-calendar year plans. Source: MassMutual

Fiduciary Focus: A Frank Discussion for Plan Sponsors Sherryann Plessé, principal and head of Vanguard's Strategic Retirement Consulting team of defined contribution and defined benefit consultants, shares essential advice on fiduciary topics such as mitigating risk, offering advice, and managing fees -- so you can better understand your fiduciary responsibilities under ERISA. Source: Vanguard

Towers Perrin Retirement Legislative Tracking Chart 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

2009 Legislative and Regulatory Year in Review and the Outlook for 2010 This two-part Hewitt report rounds up key legislation and regulatory guidance enacted in 2009 and forecasts the outlook for legislative activity in 2010. Source: Hewitt Associates

Supreme Court Won't Hear Deere 401k Suit Appeal The U.S. Supreme Court rejected a review of the dismissal of a lawsuit against Deere & Co. and two Fidelity Investments units, claiming unreasonable fees were charged for investment options in Deere's $3.1 billion 401k plan. Source: Workforce.com

SEC Adopts Amendments to Investment Adviser Custody Rule While the Custody Rule currently requires advisers that have custody of client funds or securities to implement controls designed to safeguard those client assets from being lost, misused, or misappropriated or subject to the adviser's bankruptcy, recent enforcement actions have lead the SEC to conclude that additional safeguards relating to custody of clients assets are appropriate. Source: Paul, Hastings, Janofsky & Walker LLP

DOL Finalized Deferral Deposit Safe Harbor The DOL has finalized regulations establishing a safe harbor for a small employer to timely deposit elective deferrals, other employee contributions, and participant loan repayments. Source: Sungard/Relius

IRS Issues Question-and-Answer Guidance Addressing Heart Act Changes The IRS has issued guidance, including 20 questions and answers, addressing miscellaneous provisions of the HEART Act that mostly affect qualified retirement plans, including 401k plans. Source: Employee Benefits Institute of America

IRS Extends Deadline for Certain PPA Amendments Recently, the IRS published Notice 2009-97 which extends the deadline for amending qualified retirement plans for certain PPA provisions to the last day of the first plan year beginning on or after January 1, 2010. Source: Prudential

Bankruptcy Doesn't Relive Plan of ERISA Mandates A DOL administrative law judge has rejected the appeal by a 401k plan administrator of an $86,500 civil penalty, ruling that bankruptcy did not relieve the administrator of requirements to properly file an annual report. Source: Planadviser.com



This eNewsletter is published as a service to our clients. BSW Benefit Plans Plus, L.L.C. is not the author of the material unless specifically noted. We review each article to ensure that it is related to the interests of our clients, but BSW Benefit Plans Plus, L.L.C. does not endorse and disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, or reliability of the material. All articles are copyrighted to their publishers.

This eNewsletter is prepared in partnership with 401khelpcenter.com, LLC. and is copyright (c) 2009 by 401khelpcenter.com, LLC. All rights reserved. No reproduction without prior authorization.

THIS ENEWSLETTER IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED AS LEGAL, TAX OR INVESTMENT ADVICE.