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BPP Newsletter

BPP401k.com Newsletter
March 31, 2010

News Highlights

EFAST Is Here 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 Department of Labor’s online system.  To provide assistance with this new process we have developed a step-by-step procedure.  Please click here to download the instructions EFAST2 Registration Instructions. 

How Not to Hire An Auditor for Your ERISA Plan 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

New EFAST2 FAQs Address Email Notification for Electronic Credentials; Midnight Filing Deadline 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

New MO Bill Requires Terrorism Divestment A former treasurer for the state of Missouri is working with a state lawmaker to push a measure that would prohibit state pension systems from investments in companies tied to terrorism. Source: PlanSponsor

Behavioral Economics Helps Explain the Reality of Participant Behavior 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


Income Guarantees in Defined Contribution Plans 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

Perceptions of Retirement Preparation 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

Basic Principles of the Blackout Notice 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

The Impact of Automatic Enrollment in 401k Plans on Future Retirement Accumulations 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

Hartford Fee Lawsuit - Court Grants Preliminary Approval of Settlement 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

IRS Addresses HEART Changes for Employers 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

403(b) Arrangements - Title I Exemption 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



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