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BPP Newsletter

BPP401k.com Newsletter
May 19, 2010

News Highlights

A Case of Murder and Retirement Money As Individual Retirement Accounts and 401ks become prevalent, questions arise in homicide cases. For instance: When someone is in line to inherit someone else’s retirement money and speeds up the process–through murder–is he still the beneficiary? Source: Wall Street Journal Blog

IRS Asking Employers To Answer 401k Questionnaire: Handle With Care! The IRS announced last week that it will be looking at 1,200 401k plans by way of a plan compliance questionnaire. Letters from the IRS are expected to go out at the end of May. An employer receiving a letter should handle it with care. Source: Fisher & Phillips LLP

15.7 Times Final Pay Needed for Retirement Readiness The average U.S. employee will need 15.7 times their final pay in retirement resources to maintain their current standard of living during retirement, according to a new Hewitt Associates analysis. Source: Plansponsor.com

Stop Playing Hide-and-Seek With Lost Plan Participants Lost participants can have significant negative impacts on employer sponsored plans, including the potential for increasing the administrative expenses; increasing exposure to fiduciary liability due to lack of investment direction; delaying plan termination and subjecting plans to large plan audit threshold due to the number of participants. It's a game of hide-and-seek that's definitely not in a mobile employee's best interest to win in terms of misplaced retirement income. So what's a plan sponsor to do? Source: 401ktalk.com

Regulation Forthcoming On 401k Invest. Advice The DOL hopes to move forward with a regulation on invest. advice for individual account plans, such as 401ks, within the next few months, said Phyllis Borzi, assistant secretary of labor for the Labor Department agency. Source: Wall Street Journal

Target-Date Fund Selection Compliance Assistance Checklist DOL plans to enhance retirement security by publishing compliance assistance guidance to plan sponsors regarding the evaluation and selection of target-date funds as retirement plan investment options and investment choices for employees. Located at: U.S. Department of Labor


Compliance Checklist 2010 This Checklist is a quick glance resource to help you meet plan reporting and disclosure requirements for DB, DC and 403(b) plans subject to the reporting and disclosure requirements of ERISA. This easy-to-follow Checklist should help you provide timely and complete information to individuals and appropriate government agencies. Source: Prudential Retirement

The 401k Audit: How To Stay Out of the DOL Spotlight Slides from presentation by Bill Sims CPA and Michael Lawrance CPA, Salmon Sims Thomas, on 401k audits: Why is the audit so important?, Auditor's Role, Scope of Testing, and Auditor Selection. Source: Salmon Sims Thomas

Retirement-Plan Options for Business Owners Many small-business owners believe that their businesses will furnish a comfortable retirement for them. As golden years approach, they anticipate selling their nest egg and living off the proceeds. This may account for the fact that retirement plans are severely underutilized by business owners. Source: Wall Street Journal.

2010 403(b) Plan Survey Highlights Findings of the just-released 2010 403(b) Plan Survey from the Profit Sharing/401k Council of America indicate that plan sponsors are adjusting well to the new regulations imposed by the IRS and that participation and retirement account balances remain high. This page contains highlights of the survey. Source: Profit Sharing/401k Council of America

Basic Requirements and Best Practices for Today's Plan Sponsors This paper provides guidance to help plan sponsors understand their role as a fiduciary, highlights strategies to minimize fiduciary and compliance risk, and discusses the resources and services that a service provider can offer to help them. Source: TIAA-CREF

The U.S. Retirement Market, 2009 This new 40 page report presents detailed information on total retirement assets and mutual fund holdings in retirement accounts. It is organized into two broad sections: (1) narrative and data that highlight recent developments in the U.S. retirement market and (2) an appendix with additional data. Source: Investment Company Institute

Voluntary Enrollment Spurs Target-Date Funds' Surging Popularity According to Target-date fund adoption in 2009, a new research note from the Vanguard Center for Retirement Research, target-date funds were offered by 75% of Vanguard-recordkept defined contribution plans in 2009. This is a remarkable increase from just five years earlier. In 2004, only 13% of our DC plans offered target-date funds. Source: Vanguard

Retirement Income Adequacy at Large Companies This report assesses projected retirement resources at retirement versus financial needs during retirement, using actual data of more than two million employees. Source: Hewitt Associates

GOP, Dems Clash Over Modifying 401k Plans The 401k plan has become a political football. Some Republicans have created a mashup of ideas leaving the impression the federal government wants to take over your 401k account. Democrats deny that notion. Source: San Francisco Chronicle.

Behind-the-Scenes Battle Raging In Congress Over Fiduciary Amendment As the Senate wades through scores of amendments to legislation on financial regulatory reform, lobbying for and against applying a fiduciary standard to broker-dealers has reached a fever pitch. Source: Investmentnews.com

Republicans Warn Against Change to 401k Policy Republican lawmakers in the U.S. House of Representatives warned the Obama administration not to adopt any policies that could modify tax breaks generally provided to 401k-type plans. Article and extensive comments. Source: Wall Street Journal.

IRS 401k Compliance Check Questionnaire Project This IRS project will contact a random sample of 1,200 401k plans that filed a Form 5500 for the 2007 plan year. Plan sponsors who receive a letter will complete a questionnaire by accessing an easy-to-use website. This is the paper copy of the online 401k Compliance Check Questionnaire. Source: IRS

A Comparison of Responses To the 2010 Invest. Advice Rule The deadline for submitting comments to the DOL on the 2010 Invest. Advice Rule was May 5th and sixty-eight comment letters were submitted by individuals or organizations. The expectation is that the comments will be analyzed in short order and the final rule published later this year. To get an idea of how the final rule might go, this article looks at two of the comment letters submitted. Source: Fi360.com

DOL Grants ASPPA Requested Relief on EFAST2 The relief provided will be extremely beneficial, particularly to small employers who are challenged by the new mandatory electronic filing system. The revised procedures will reduce the cost and burden to plan sponsors, while ensuring the accuracy and integrity of the annual report. Source: 401khelpcenter.com

Form 5500-EZ Available 2009 Form 5500-EZ is now available on the IRS website. Source: IRS

Labor Department Takes First Step in Regulation of Target-Date Funds Recently released federal guidance regarding target-date funds was just the first step in a process that eventually will include regulations for the investments, a Labor Department official said. Source: Workforce.com

DOL/SEC Issue Target-Date Fund Guidance The DOL and the SEC jointly issued an "Investor Bulletin" to investors and plan participants regarding target-date funds late last week. The purpose of the guidance is to assist investors and participants in understanding the operations and risks of investing in target-date investment funds and is the first of several target-date fund-related projects under development. The Bulletin is discussed here. Source: Groom Law Group

CFOs, Treasurers Should Prepare for Big Changes in Money Market Funds The SEC has instituted new rules about maturities of fund holdings, types of holdings, amount of liquidity, and the way in which funds report the value of their holdings to the public. Shadow NAV could fall below $1. Does this fit in your investment policy guidelines? Source: Association for Financial Professionals

Have You Calculated Your Retirement Savings Needs? Instead of doing a systematic retirement needs calculation, many workers simply guess at how much they will need to accumulate. Source: Employee Benefit Research Institute

Correction for the Exclusion of an Eligible Employee From a 401k The correction method under the IRS' Employee Plans Compliance Resolution System equal to the average of the actual deferral percentage for either the non-highly compensated employees or of the Highly Compensated Employees depending on which group the employee was a member of during the time the employee was incorrectly excluded from the plan. Source: McKay Hochman

Cracking Down on Plan Fees Fee structures are complex, but by pushing vendors to specify who gets what out of precious 401k plan assets, CFOs can gain valuable leverage. Source: CFO.com

Correcting Excess Deferrals An updated overview of how and when to distribute excess deferral and income from a plan. Source: McKay Hochman

Investor Bulletin: Target-Date Retirement Funds Because target-date funds are often available through 401k plans, the U.S. Department of Labor is providing this simplified discussion of target-date retirement funds for purposes of general information. Source: U.S. Department of Labor

New Rules, Guidance Coming on Target-Date Funds Many employers that sponsor retirement plans will be required to provide plan participants with more detailed information about target-date funds, the Department of Labor announced. Source: Thompson

Confidence Stabilizing, but Preparations Continue to Erode Worker confidence about paying for basic expenses in retirement has rebounded slightly, with 29 percent now saying they are very confident about having enough money to pay for basic expenses during retirement, but fewer workers report that they and/or their spouse have saved for retirement. Source: Employee Benefit Research Institute

Employers Miss Central Role in Helping Employees Achieve Retirement Security Wells Fargo Institutional Retirement and Trust released the results of a survey that shows the majority of U.S. companies have not adapted to their increasingly central role in helping Americans achieve a secure retirement through company-sponsored 401k plans. Source: 401khelpcenter.com.

ASPPA Urges House To Oppose Doggett Proposal Statement from Brian Graff, executive director/CEO of ASPPA, in response to a proposal by Representative Lloyd Doggett (D-TX) of the U.S. House of Representatives calling for further regulations of retirement plans used by small business. Source: ASPPA

ASPPA's Response to the RFI on Lifetime Income Options for Participants These comments were prepared by the ASPPA Task Force on Lifetime Income Options for Participants and Beneficiaries, Chair Bruce Ashton, and provide comments and suggestions on those questions for which the expertise and experience of ASPPA members is relevant. Source: ASPPA

The SPARK Institute's Response to the RFI on Lifetime Income Options for Participants Significant barriers to lifetime income products exist. Plan sponsors are reluctant to offer these solutions, creating a lack of access for millions of plan participants, largely due to concerns about fiduciary standards. The DOL can help mitigate plan sponsor's fears by providing broad, permissive and clear guidance. Source: The SPARK Institute

PSCAs Response To the RFI on Lifetime Income Options for Participants The lack of participant interest, combined with the increased complexity and fiduciary responsibilities involved in offering an annuity, results in a low level of interest among PSCA members in either offering a traditional annuity product or seeking regulatory relief to facilitate offering this product. Source: Profit Sharing/401k Council of America

ASPPA's Response to the 2010 Invest. Advice Proposed Rule ASPPA responds to the U.S. Department of Labor's recent regulation on invest. advice and urges DOL that core fiduciary values should override a dictation of theories. Source: ASPPA



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