Small Businesses Take on the 401k Challenge Administrative costs for a 401k plan, which can easily run several thousand dollars a year for small businesses, have become especially daunting in the recent tight credit environment. As a result, organizations with 100 or fewer workers find it challenging to implement and administer 401k plans because of administrative costs and the lack of bargaining power with third-party administrators. Source: Workforce.com (free registration may be required).
Why 401(k) Loans are a Bad Idea Many Americans facing financial difficulties see borrowing from a retirement account as a reasonable solution. When you borrow from your retirement account, you pay yourself back with interest. While this is a tempting thought, you should realize that there are consequences to borrowing from your nest egg that go beyond paying penalties if you don’t repay the loan on time. Source: US News and World Report
Lockton Offers Best Practices for Plan Fiduciaries Those who operate a retirement plan face significant potential liability and risk, cautions a new Lockton report, “Fiduciary Risk Mitigation: Six Best Practices for Retirement Plan Sponsors.” Two of the independent and privately owned broker’s retirement plan consulting experts, Steve Kjar and Jessica Skinner, co-authored the report, which identified six best practices that can help both plan sponsors and individual fiduciaries avoid risk and reduce their liability. Source: Employee Benefit Adviser
MetLife’s 9th Annual Study of Employee Benefits Trends MetLife’s 9th annual Study of Employee Benefits Trends shows surprising insights concerning your employees’ views on retirement income benefits. The excerpt from the study takes a close look at retirement and income protection benefits in the post recession economy. These statistics will help you take a proactive approach to anticipate your employees’ needs and wants. Stay connected to your employees. Source: MetLife
Limiting Participant Loans to Active Employees Most plan administrators and plan sponsors find participant loans to be a significant administrative challenge. To reduce the administrative burden and to make the loan program more cost effective, many 401k plans include provisions: (1) requiring payroll deduction to repay the loans, and (2) limiting the loans to active employees. This article addresses the issue of limiting participant loans to active employees. Source: SunGard Relius.
Disparities for Women and Minorities in Retirement Savings The 2010 ERISA Advisory Council studied disparities for women and minorities as they relate to retirement security. Secretary. This testimony indicates women and minorities were less well positioned than white men for retirement. As a result, the Council decided to study this topic more in depth to determine if the premise is true, and if so, what is the cause of these disparities, and what the potential remedies are. Source: U.S. Department of Labor.
Beneficiary Designations Under Qualified Plans The designation of beneficiaries in qualified plans, both a primary beneficiary and a secondary beneficiary, is an important part of a participant's retirement and estate planning. The rules relating to beneficiary designations for Plans are often complicated and confusing. Employers sponsoring such Plans should ensure that each participant has a current executed beneficiary form on file. Source: Foster Swift Collins & Smith PC.
Failure to Withhold Elective Deferrals A common error in plan administration occurs when an employee does not have the correct amount of deferrals withheld from pay because of their employer's misunderstanding of the retirement plan's definition of compensation. Source: McKay Hochman.
408(b)(2)/ERISA Compliance and the Security Compliance Professional Now that we have the new 408(b)(2) regs, which are often term as potential "business busters" because they speak to the fundamental basis of doing business in this very large retirement plan marketplace: getting paid for the services provided. If you are in this business, compliance with 408(b)(2) is a fundamental issue, because it is a prohibited transaction exemption. Without compliance with 408(b)(2), the business often cannot receive some of their compensation for services related to ERISA retirement plans. Source: Businessofbenefits.com.
A Role for Defined Contribution Plans in the Public Sector In the wake of the financial crisis, policymakers have been talking about shifting from defined benefit plans to defined contribution plans in the public sector. Interestingly, these new plans are hybrids that combine elements of both defined benefit plans and defined contribution plans. This article provides an update on defined contribution initiatives in the public sector and then discusses whether the hybrids that have been introduced are the best way to combine the two plan types. Source: Center for State & Local Government Excellence (PDF File).
Study: DC Plans Are a Key Factor in Income Security New research from the nonpartisan Employee Benefit Research Institute (EBRI) shows that being eligible to participate in a defined contribution retirement plan at work is a key factor in whether workers will have enough money to afford basic expenses and cover uninsured medical care in retirement. Source: 401khelpcenter.com.
Mutual Funds Most Used by DC Plans The 25 money managers with the most defined contribution mutual fund assets reported a combined total of $1.606 trillion as of Dec. 31, 2010, up 17% from the year before, according to Pensions & Investments' annual survey. It was the second year in a row of solid gains, following a 28% rebound in 2009 from the 27% plunge the year before. Source: PIonline.com (free registration may be required).
Ninth Circuit Questions "Weighing" of Conflicts in Post-Glenn Standard of Review Analysis This case is the latest in a string of federal circuit court cases applying the Glenn decision. While the Ninth Circuit may be the first to directly question the usefulness of the Supreme Court's weighing metaphor, several post-Glenn opinions seem to grapple with how, exactly, to treat a plan administrator's conflict of interest while still applying a deferential standard of review. Source: EBIA.
Seventh Circuit Allows Fiduciary Breach Claims This decision highlights for plan fiduciaries that the best defense against fiduciary breach claims is a well-reasoned and thoroughly documented decision making process that does not leave unanswered questions. Source: EBIA.
DOL Requests Information for Drafting Electronic Disclosure Regulations The DOL has issued a request for information to assist it in revising its regulations on using electronic media to provide information to employee benefit plan participants and beneficiaries. Comments are due by June 6, 2011. Source: Buck Consultants (PDF File).
Employee Benefit Plan Auditing and Financial Reporting Models The 2010 ERISA Advisory Council studied Employee Benefit Plan Auditing and Financial Reporting Models. Because a great deal has changed in the retirement plan industry since the enactment of ERISA's audit requirements in 1974, the Council focused on retirement plans. An examination of current audit requirements and reporting models, and concerns about how they are implemented and applied, led to a focus on three topics and recommendations on each. Source: U.S. Department of Labor.
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