10.24.2011

BPP401k.com Newsletter October 26

Top 10 Best States for Workers in Retirement Plans Even as lots of people these days are thinking, “Retirement? What's that?” others are lucky enough to belong to a retirement plan of some sort. But retirement is a luxury not offered to just anyone; all over the country, retirement plan participation is on a downturn, along with the economy. Source: AdvisorOne

Why Leave Money on the Table -- Make the Most of Your Employer's 401k Match Would you turn down free money? Many employers match an employee's 401k contributions up to a certain percent of salary. If you contribute less than your employer is willing to match, you may be passing up free money and doing so makes no sense. Source: FINRA

How Many Investment Options Should 401k Plan Sponsors Offer? Far too many 401k plan sponsors don't know how to answer this important question. Of greater concern for 401k investors, far too many 401k plan sponsors fail to even ask the question. Instead, they opt to trust the guidance of their service providers, who may have a pecuniary interest in maximizing the number of offerings. Source: Fiduciarynews.com

Interpreting Ambiguous Plan Language So half the parties interpreting a possibly ambiguous plan term that is subject to discretionary review come out one way in reading the term, and the other two the other way. Who wins? The side who wins that split is whichever one the appeals court agrees with. Source: Boston ERISA Law Blog

More 401k Plans Get 'Socially Responsible' A growing number of 401k plans are adding to their investment menus so-called socially responsible funds -- mutual funds that invest in or avoid certain companies, based on pre-stated ethical guidelines. But do they fit? Source: Smartmoney.com

Target-Date Funds: Plan Sponsor Considerations Some of the issues addressed in the article: 1) Growth in TDFs, especially in retirement plans, can in part be attributed to the qualified default investment alternatives (QDIAs) regulations released in 2006 and 2007; 2) More on the "To versus Through" difference between funds; and, 3) Some considerations for sponsors as they include TDFs in their plans: required disclosures, communications, and ongoing benchmarking. Source: Milliman

The Current State of Retirement Document Drafting This article surveys the current state of document drafting, including an overview of IRS-recognized document types and recommendations for improvement to the IRS determination letter program. Suggestions include allowing new types of plans into the pre-approval program and modifying the required interim amendment procedures. Also discusses when to request a determination letter and provides general drafting tips. Source: FTwilliam.com

Reclaiming Fiduciary Duty Balance Reclaiming fiduciary duty balance between prudence, loyalty and impartiality is critical to sustaining pension promises. It would encourage better alignment of pension service providers’ supply chain interests, adoption of fit-for-purpose pension fund

Retirement Plan Providers Trying New 401k Ideas to Help Boost Balances Several 401k providers are rolling out new bells and whistles. Some of the changes are driven by the realization that many workers haven't saved enough to get them through retirement. In addition, this summer's market volatility amid concerns of a global economic crisis has reduced their balances yet again, prompting many to pull their money out of the market. Source: TheRepublic.com

Fiduciary Duty Main Reason Clients Choose to Work With RIAs Fiduciary duty tops the reasons why clients choose to work with independent registered investment advisors, according to a recent advisor sentiment survey released by TD Ameritrade Institutional. Twenty-nine percent of those surveyed said they chose to work with an RIA because they offer advice that is in the best interest of their clients. Source: Benefitspro.com

Lifetime Retirement Income: Annuities and Beyond Planning for retirement can be complicated, fraught with emotions, and overwhelming for participants. This white paper reviews annuities, guaranteed minimum withdrawal benefit options, managed accounts, annuity shopping services, and out-of-plan options, and what to consider when selecting among these choices. Source: Arnerich Massena

How Did the Recession of 2007-2009 Affect the Wealth and Retirement of the Near Retirement Age Population This white paper uses asset and labor market data from the Health and Retirement Study (HRS) to investigate how the recent "Great Recession" has affected the wealth and retirement of those in the population who were just approaching retirement age at the beginning of the recession, a potentially vulnerable segment of the working age population. Source: Michigan Retirement Research Center

Study: What Are Plan Sponsors Focused on and Concerned About Today? 'Report on Retirement Plans - 2011' portrays a complex retirement plan environment in which plan sponsors are balancing the need to encourage employees to better prepare for their retirement, while managing expenses in a dynamic market. Source: 401khelpcenter.com

Ownership of Individual Retirement Accounts and 401k-Type Plans The percentage of workers ages 21-64 with an individual account plan (IRA or 401k-type plan) grew significantly in the late 1990s into the early 2000s. By 2009, 33.0 percent of workers owned a 401k-type plan and 20.8 percent owned an IRA. Source: Employee Benefit Research Institute
Forty Percent of Americans Save Nothing Towards Retirement The eNation survey, conducted on behalf of LIMRA, also found that 19 percent of adults not yet retired typically save less than $100 a month, while more than a quarter (27%) of consumers save $100 to $499 a month. Even those with household incomes of $50,000 or more, a sizeable proportion (42%) are either saving $100 or less, or nothing, each month. Source: 401khelpcenter.com

A Look at Defined Contribution Match Reinstatements During the recent financial crisis, many employers took cost-cutting measures to preserve their cash. These included layoffs, hiring freezes, furloughs, salary freezes and, in a few cases, salary reductions. Some employers also scaled back retirement benefits, although the cutbacks were often temporary. This analysis looks at 260 companies that either reduced or suspended their 401k plan matching contribution after 2008 to see what happened next. Source: Towers Watson

Retirement Confidence Drops Nearly 20% in 2011 American workers' trust in their future retirement has reached a four-year low, according to the Unretirement Index, a poll of nearly 1,500 working Americans by Sun Life Financial. After remaining stable for three years, retirement confidence dropped nearly 20% this September compared to a year earlier, according to the survey. Source: 401khelpcenter.com

401k Fee Litigation Update -- October 2011 Over the past several years, more than two dozen lawsuits have been filed relating to 401k plan fees and, more specifically, "revenue sharing" arrangements with plan service providers. The focus of these lawsuits against the plan sponsors has evolved over time to include broader challenges to, among other things, the plan sponsors' selection of actively managed mutual funds as plan investment options. Source: Groom Law Group

How Do You Handle U.S. Plan Document Requests? Fifth Circuit Finds Broad Fiduciary Responsibility If you are like most 401k or pension plan administrators, you have procedures for participants to request plan documents and forms. They may be as simple as requiring document requests to be sent in writing to a designated employee. Section 104(b)(4) of ERISA requires that certain plan documents, including summary plan descriptions and 5500's, be provided to participants upon request. Failing to comply could result in a $110 per day penalty if a participant does not receive a requested document within 30 days and the plan administrator has no reasonable cause for the delay. But a recent case indicates that your exposure could be even broader. Source: Pensions & Benefits Law

Citigroup Wins in Workers' 401k Stock Drop Appeal A federal appeals court said Citigroup Inc is not liable to thousands of workers who said it should not have offered bank stock in its retirement plans because it knew its subprime mortgage exposure made that stock a bad investment. Source: Reuters

IRS Announces Plan Limits for 2012 On October 20, 2011, the Internal Revenue Service announced cost of living adjustments affecting dollar limitations for pension plans and other retirement-related items for Tax Year 2012. In general, many of the pension plan limitations will change for 2012 because the increase in the cost-of-living index met the statutory thresholds that trigger their adjustment. However, other limitations will remain unchanged. Source: 401khelpcenter.com

Model Participant-Directed Defined Contribution Plan Investment/Expense Disclosure Package The DOL's new disclosure regulation does not provide a comprehensive model disclosure package, although it does include a form of comparative chart that would satisfy some of the new requirements. This is a copyrighted model package, which incorporates a slightly modified version of the Department of Labor chart. The model package here is intended to be a starting point from which plan administrators can develop customized disclosures that will satisfy all of the new requirements. Source: Paul Hastings LLP

IRS Changes and Clarifies Rules for Pre-approved Plans The IRS released Rev. Proc. 2011-49, which updates its guidance for pre-approved (prototype and volume submitter) documents. This replaces Rev. Proc. 2005-16. The update is crucial since the deadline for submission of the next generation of preapproved defined contribution plans is January 31, 2012. Source: Sungard/Relius

IRS Updates List of Required Modifications for 401k and Other DC Plans The IRS has released a revised list of required modifications (LRM) for 401k plans reflecting Code requirements as amended through the Small Business Jobs Act of 2010. The sample plan provisions include new text on eligible automatic contribution arrangements, in-plan Roth conversions and "gap period" earnings, among other items. A separate LRM covers all types of defined contribution plans and takes into account current qualification requirements as reflected in the IRS's 2010 cumulative list of changes. The LRMs are intended as a guide for drafters of preapproved plans. Source: Mercer

Listings of Required Modifications Are Updated to Reflect Changes in 2010 Cumulative List The IRS updated its Listings of Required Modifications (LRMs) for defined contribution plans and cash-or-deferred arrangements to reflect many of the changes identified under the 2010 Cumulative List for plans that will be submitted for determination in the current cycle. Source: Benefitslink.com

Forfeitures in Safe Harbor Plans The IRS has recently put the use of forfeitures in a safe harbor 401k plan into doubt. This article provides background on the issue, discusses the latest IRS position, and explores options for plan sponsors. Source: Sungard/Relius

For more information about custom retirement plan design and how Benefit Plans Plus can help make your business more successful visit www.bpp401k.com

10.18.2011

BPP401k.com Newsletter October 19

Ten Things You're (Probably Still) Doing Wrong As an ERISA Fiduciary Those who seek to know what they might be doing wrong are not generally the ones that need the "help." However, because the standards imposed on plan fiduciaries by ERISA are demanding, the potential to misstep without meaning to is ever-present. Here is a list of 10 things to be aware of. Source: Plansponsor.com

How to Move From a Popular Plan to a Successful Plan This paper offers a more comprehensive measure of retirement readiness plus specific ways financial professionals and plan sponsors can move the savings needle through affordable plan design changes. Source: Principal Financial

Best Practices for Reducing Loans, Hardship Withdrawals, and Impulsive Investment Decisions Negative behaviors such as using the 401k plan as an emergency fund instead of a long-term retirement savings account and taking excessive loans and hardship withdrawals is a symptom of a bigger problem among the employee population. The same is true for impulsive investment decisions that could ultimately delay employees' retirement. A combination of plan design and financial education works well to improve employees' financial wellness by casting a wider net in order to help employees help themselves without feeling pushed. Source: 401khelpcenter.com

A Practical Guide to the 401k Participant Disclosure Requirements This article is intended to serve as a practical guide for plan administrators as they prepare for compliance with the regulations. The first part will be a brief, high-level overview of the regulations. Then, for each of the two major categories of disclosure under the regulations, plan-related information and investment-related information, there is a chart setting forth (1) what information is required to be disclosed, (2) by when and how often the information must be provided, and (3) in what form or document may the information may be provided. Source: Winston & Strawn LLP

Meeting Your Fiduciary Responsibilities To meet their responsibilities as plan sponsors, employers need to understand some basic rules, specifically the Employee Retirement Income Security Act. ERISA sets standards of conduct for those who manage an employee benefit plan and its assets (called fiduciaries). Meeting Your Fiduciary Responsibilities provides an overview of the basic fiduciary responsibilities applicable to retirement plans under the law. Source: 401khelpcenter.com

Lost and Found: The Abandoned Plan Rule On May 26, 2011, the DOL announced it would expand the "abandoned plan" rule to include liquidating bankruptcy trustees. It reasoned that using the abandoned plan rule in bankruptcy liquidations had the potential to substantially reduce burdens on abandoned plans, their participants and bankruptcy trustees. Article is a short summary of how the abandoned plan process will work in a bankruptcy liquidation. Source: Winston & Strawn LLP

The Fiduciary Safe Harbor for Investment Managers There appears to be an increasing interest by plan sponsors in using 401k investment managers, sometimes called 3(38) managers. Unlike an adviser, an investment manager actually selects, monitors, removes, and replaces the 401k investments. The advantage to plan sponsors is that there is a "safe harbor" from fiduciary liability for the investments. However, the plan sponsor -- or, more likely, its plan committee -- must prudently select and monitor the investment manager. Here are some steps in that process. Source: Plansponsor.com

Fiduciary-Level Disclosures for ERISA Retirement Plans Provides insight into the DOL's new fiduciary-level disclosure regulation, also the historical context and practical application of the regulation. In the paper, ERISA plan fiduciaries can find information regarding: An overview of the interim final regulation; types of fees and expenses included in the disclosures; timing of the required disclosures; and, a fee oversight checklist. Source: MetLife

Reducing Fiduciary Risk The tumultuous stock market is increasing pressure on retirement-plan sponsors and fiduciaries to address investment risks and to take step to build a shield to protect them from unnecessary litigation. Source: HREonline.com

EBRI: Employment-Based Retirement Plan Participation Steady in 2010 The portion of full-time, full-year workers age 21-64 who participated in an employment-based retirement plan remained stable at 54.5 percent in 2010, showing no appreciable drop from 2009 despite the continuing weakness in the economy, according to a new report by the nonpartisan Employee Benefit Research Institute (EBRI). Source: 401khelpcenter.com

Automatic Enrollment Boosts Participation for All Racial and Ethnic Groups New Vanguard research on diversity and retirement plan saving and investing shows that automatic employee enrollment into company 401k plans raises participation—the critical first step in taking advantage of these plans—for all racial and ethnic groups. The increase is particularly notable for blacks and Hispanics, especially low earners. Source: 401khelpcenter.com

HOME Act Eases 401k Access for Mortgage Payments U.S. Senator Johnny Isakson (R-Georgia) and U.S. Representative Tom Graves (R-Georgia) last week introduced the HOME Act, a bill to allow Americans to make withdrawals from their retirement accounts to pay timely mortgage payments. Source: Plansponsor.com

Asserting the Attorney-Client Privilege in ERISA Cases ERISA plans and their sponsors often seek the advice of counsel on such matters as plan design, administrative and investment matters or claims by plan participants. A spate of recent case law raises the question of which circumstances will enable advice rendered in benefits matters to be protected by the attorney-client privilege and the related work product doctrine. Source: Wagner Law Group

ERISA Fiduciaries Not Required to Exclude Retail Funds From Plan Investment Menu Administrators of a 401k plan did not breach fiduciary duties under ERISA by including retail mutual funds among the plan's investment options or requiring participants to pay fund expenses, the U.S. Court of Appeals in Chicago has ruled. Source: CCH

Supreme Court Rules on SPDs The U.S. Supreme Court ruling in Cigna Corp v. Amara (No. 09-804, May 16, 2011) could have a major impact on employers who sponsor qualified retirement plans subject to ERISA. Source: Kravitz

Two Courts of Appeals Reject 401k Fee Claims The courts affirmed dismissals of plaintiffs' claims that the fiduciaries of the 401k plans breached their duties under ERISA by offering retail-class, rather than institutional-class, shares of mutual funds as plan investment options. Both decisions build on the foundation laid in Hecker v. Deere. Source: Groom Law Group

Pre-Approved Plan Opinion and Advisory Letters - Revised Procedures Revenue Procedure 2011-49 supersedes prior procedures (Revenue Procedure 2005-16) on opinion and advisory letters for pre-approved (master and prototype and volume submitter) defined contribution plans. The revised revenue procedure includes an extension for mass submitter plan sponsors and practitioners to apply for an opinion or advisory letter from October 31, 2011, to January 31, 2012. Here are the key changes. Source: IRS

IRS Issues New Cross-tested Plan Guidance The IRS recently issued new sample language that sponsors of master and prototype plans may use to amend their plans for purposes of submission to the IRS. Although most prototype sponsors do not use the IRS language, the sample language provides guidance on what the IRS will approve. Source: Sungard/Relius

For more information about custom retirement plan design and how Benefit Plans Plus can help make your business more successful visit www.bpp401k.com

10.11.2011

BPP401k.com Newsletter October 12

Multiple Employer Plans, Revisited There seems to have been an uptick lately in the number of multiple employer plans (MEP) coming to market, including those sponsored by third party administration firms. Some commentators are convinced that the U.S. Department of Labor is about to put the hammer on MEPs. Source: Morningstaradvisor.com.

PowerPoint on 404(c) Compliance This presentation reviews the following points: Overview of 404(c) fiduciary relief; Basic requirements to obtain relief; Mapping relief; Default Investment Options/"QDIA" safe harbors; Participant fee disclosure regulations; Scope of relief; and, Case law developments and implications. Source: Morgan, Lewis & Bockius LLP

Meet the "ERISA Account," the Newcomer to the Small 401k Plan Scene The "ERISA Account" is a relative newcomer to the small 401k plan market. It's been part of the large and medium plan market for some time. Only recently has it migrated downstream because of the increased regulatory emphasis and fiduciary attention to fee disclosure. These accounts capture excess income collected by the recordkeeper that can be used to pay eligible plan expenses or even allocated to participants. Source: Retirement Plan Blog.

Tips 401k Plan Sponsors Can Use to Help Employees Avoid Risk Aversion Academic research yet again shows there are implications of the way in which investment performance is presented on the decisions that plan participants make. How many 401k plan sponsors ignore contemporary research that points the way towards presentation formats proven to reduce common mistakes of naive and time-constricted investors? Source: Fiduciarynews.com.

Six Steps to the Perfect 401k The perfect 401k may seem like an elusive retirement vehicle, but Catherine Collinson, president of Transamerica Center for Retirement Studies, believes six steps would lead to just that. Collinson defines the perfect 401k as one that "helps ensure that workers are participating, contributing and managing investments wisely in order to adequately fund their future retirement and that workers have a strategy for saving, investing and transitioning into retirement." Collinson lists the key ingredients of a perfect 401k. Source: Benefitspro.com.

Conerly on the Economy for October 2011 "Conerly on the Economy" displays charts of the most important economic indicators, with Bill's comments on the charts and the outlook. Bill Conerly connects the dots between the economy and business decisions, helping corporate executives and small business owners make more profitable decisions. Source: Conerly Consulting

Gauging Attitudes About Target-Date Funds Drawing on the opinions of those responsible for the design and oversight of defined contribution plans, this publication—Six key survey findings: Gauging attitudes about target-date funds from plan sponsors and consultants—uses a survey-based framework for examining the key issues surrounding target-date funds today. Source: Vanguard

The End of Human Resources as We Know It The challenges are great, and a new kind of HR executive is emerging to meet them. In the process, these strategic leaders are turning our traditional concept of human resources on its head. Here are five major forces that are driving the changes that will end HR as we know it by the year 2020. Source: HREonline.com.

The Impact of Reduced Choice on Participation in 403(b) Plans This paper examines the impact of participant choice in 403(b) plans. It looks at the extent to which school district employees want choices in their 403(b) plans and whether providing those choices is beneficial to them. Source: ASPPA

Number of Choices in 403(b) Market Impacts Participation 403(b) plans provide an important method for school district employees to save for retirement. But a lack of choice in 403(b) retirement plans results in reduced participation among school district employees, according to a new report by the American Society of Pension Professionals & Actuaries. Source: Benefitspro.com.

Service Provider Disclosures: The Impact on Plan Sponsors April 1, 2012, is a significant date for plan sponsors and their plan committees. By that date, they should have received - and will need to begin evaluating -fee disclosure information from their plan's service providers. This article identifies the key issues for plan sponsors and provide an overview of the fiduciary responsibilities. Source: Drinker Biddle & Reath LLP

Why Financial Advisors Should Offer Investment Education to 401k Plan Participants Offering plan education is a facet of the fiduciary process that all financial advisors should assist in, because helping a plan sponsor in that process is the role of a retirement plan financial advisor. A plan sponsor who thinks their advisors isn't handling all the tasks that they are supposed to is often the same plan sponsor looking for a new financial advisor to work with. Source: The Rosenbaum Law Firm.

401k Advisors Get a Lobbying Voice in Washington The American Society of Pension Professionals and Actuaries last week launched an organization aimed at lobbying elected officials about issues affecting 401k plans. But in these tough times, some say that advisors are better served by a focus on practical solutions. Source: RIAbiz.com.

PSCA Releases Results of Annual Survey of 401k Plans The Profit Sharing/401k Council of America has released its 54th Annual Survey of Profit Sharing and 401k Plans. This survey provides up-to-date information available on current practices and trends in profit sharing and 401k plans. Source: 401khelpcenter.com.

Do Low-Income Workers Benefit From 401k Plans? This paper explores the hypothesis that employer contributions to defined contribution plans may affect total compensation differently for low and high-income workers. Using a longitudinal data set that allows us to measure worker quality based on their prior earnings, we estimate the effects on earnings in new jobs of employer contributions to DC plans. Source: Center for Retirement Research at Boston College

The Principal Unveils Comprehensive Retirement Plan Report The report includes benchmarks on trends among approximately 37,000 retirement plans with services provided by The Principal to 3.7 million eligible participants representing nearly $123 billion in assets under management. Source: 401khelpcenter.com.

Transamerica Releases Top Five Marketplace Issues Facing Retirement Plan TPAs Transamerica Retirement Services announced the results of a national listening tour with third party administrators. As a result of TPAs' feedback, Transamerica identified these top five TPA marketplace issues. Source: 401khelpcenter.com.

Retiree Optimism Falls Dramatically According to Wells Fargo/Gallup Poll Overall investor optimism plunged in September, nearing lows reported during the financial crisis of 2008, according to the Wells Fargo/Gallup Investor and Retirement Optimism Index. The overall Index fell to -45, down from +33 in May. In December 2008, the index fell to -49, and subsequently fell to its lowest point of -64 in February 2009. Source: 401khelpcenter.com.

National Poll Finds Retirement Security Concerns on the Rise A new bipartisan, national survey just released reveals that anxiety about retirement continues to grow, with near universal concern about having enough to make ends meet throughout retirement. Source: 401khelpcenter.com.

Redefining Defined Contributions Proposed tax changes to retirement savings could put a cap on employer and employee contributions to qualified defined-contribution plans and, experts say, HR professionals would be wise to quickly revisit their retirement-plan designs. Source: HREonline.com.

Latest 401k Lawsuit Highlights Ongoing Fee Concerns While workers can't do much when a stock market sell-off hits their 401k balances, they can speak up about poor investment choices and unreasonable plan fees. Now, more are taking those complaints to the courts as they bring lawsuits against employers they believe have allowed poorly-performing and overly-expensive funds into their retirement plans. Source: Employee Benefit News.

Quarterly Benefit Statement and the Participant Fee Disclosure Regulations The DOL has general guidance on the electronic delivery of required disclosures but many practitioners consider the guidance outdated and too burdensome. The DOL has indicated that it may modify its e-delivery guidance to make it more useful, but the DOL will not complete those modifications before employers must modify their systems to provide the new participant fee disclosures required on May 31, 2012. Therefore, the DOL issued temporary guidance regarding the e-delivery of the participant fee disclosures. This FAQ discuss the use of the quarterly benefit statement as well as electronic delivery in making the participant fee disclosures. Source: Sungard/Relius.

For more information about custom retirement plan design and how Benefit Plans Plus can help make your business more successful visit www.bpp401k.com

10.04.2011

BPP401k.com Newsletter October 5

Join Us Thursday! Please join us for a ribbon cutting and open house to celebrate our new location in Glen Carbon Thursday, October 6, 4 to 6 pm RSVP

Women, Retirement, and the Extra-Long Life: Implications for Planning This MetLife Study shows women face a number of unique risks - including longevity, aging single, lower retirement incomes, greater healthcare costs and added care giving responsibilities - and have not planned adequately to address these concerns, leading to a significant shortfall. Women who take charge, do the math, plan for contingencies and work with their partners and/or financial advisors have a better chance of securing their finances in retirement than those who shrink from the process. Source: Metlife

More Retirement Plans Are Getting a Conscience Americans may soon get the opportunity to invest more conscientiously in their workplace retirement accounts. A new survey shows that more and more employers are adding socially responsible investment choices to their plans. Source: Dailyfinance.com.

ASPPA Regulatory Update: DOL Guidance on Fee Disclosure What does new participant fee disclosure guidance from the U.S. Department of Labor mean for retirement professionals? In this video, ASPPA's General Counsel and Director of Regulatory Affairs, Craig Hoffman, explains DOL's EBSA Technical Release 2011-03 and the methods allowed for electronic disclosure for the employer-based sponsored retirement system under the new guidance. Source: ASPPA via Youtube.com.

Boomers Making More 401k Investing Mistakes Than Younger Folks A new study of how workers have invested their 401ks finds that those approaching retirement have been more likely to mismanage their accounts than their younger coworkers. One indication: A small but still significant percentage of baby boomers panicked during the 2008 market crash and dumped their stocks at the bottom, missing out on the market's 2009 rebound. Source: Forbes.

DC Failure on Turning Members Into "Investment Experts" Defined contribution investment strategies must focus more on member outcomes and less on turning savers into investment experts to succeed, consultants say. Source: Professionalpensions.com.

Sustainable and Responsible Investing Options to Grow in DC Plans Over Next Five Years The number of defined contribution retirement plans in the United States offering a sustainable and responsible investing (SRI) choice could double in the next two to three years, according to a new report released today by Mercer and the US SIF Foundation. Here are the key report findings. Source: 401khelpcenter.com.

Annual "Notice" Requirements for DC Plan Sponsors Sponsors of defined contribution plans with certain features are required to provide annual notices to participants. Generally, these notices are in addition to an initial notice provided on or before an employee's eligibility date for the feature. As the 2011 plan year is nearing its end, it is important to look ahead at the notices that may need to be provided before the start of the 2012 plan year. Source: Prudential

Fiduciary Rules Related to Automatic 401ks The fiduciary rules which apply to private employers maintaining a 401k plan or a 403(b) plan, which is governed by ERISA, with automatic enrollment can seem intimidating. This article will assist the employer in sorting through these rules, and how they will apply. Source: Retirement Made Simpler.

Advisor Commitment to Mutual Fund Companies is Shifting A new report recently released by Cogent Research reveals shifts among advisors in their level of commitment to the fund companies they currently use. Source: 401khelpcenter.com.

Top Five 401k Plan Issues Plan Sponsors Care About What do 401k plan sponsors and participants really care about? By addressing those issues instead of "going negative" with your sales approach, you can win or keep business. This recorded webinar include actual case studies with advisors using the top five issues to "go positive" with plan sponsors and their employees. Presenter is Sarah Simoneaux, CPC, President of Simoneaux Consulting Services. Source: The Standard.

Retirement Rules for Small Business Clients According to the Bank of America Merrill Lynch Workplace Benefits Report released in June, 66% of small business owners now say retirement benefits are important to attracting new talent, and 58% say they are important to driving loyalty. Source: Onwallstreet.com.

Advisors Set to Capitalize on 403(b) Market's Growth, Cerulli Says New regulations that are shifting the 403(b) market from highly individualized and retail-focused to one that is more efficient and institutionalized present new opportunities for advisors, third-party administrators (TPAs), and investment-only asset managers, according to new research by Cerulli Associates. Source: Advisorone.com.

The Hot List 2011 401k Plan Administrators Statistical data in chart form on seven major 401k Plan Administrators compiled by Workforce.com. Source: Workforce.com

2011 Human Resources Reporting and Analytics Priorities Survey Aon Hewitt surveyed employers to gain a better understanding of the current use of HR reporting and analytics technologies and processes. There were 117 employers representing 5.4 million employees who participated in the survey. Employers can use these results to see how their HR reporting and analytics priorities compare to others. Source: Aon Hewitt.

2011 NAGDCA Survey of DC Plans This report contains two sections. The National Summary provides a narrative overview of the key areas involved in administering governmental 457, 401k, 401(a), and 403(b) plans. The survey also provides a pdf of the Overall Survey Results, which offers a look at the survey through charts and responses from all participating entities. Source: NAGDCA.

Study: 401k Participants Using Professional Investment Help Do Better According to a new report from Aon Hewitt and Financial Engines, 401k participants who use employer-provided investment help outperform those who do not take advantage of help tools. The disparity between workers using help and those who do not have been magnified during volatile markets. Source: 401khelpcenter.com.

Study: Help in Defined Contribution Plans - 2006 Through 2010 This report looks at the impact of professional investment help, including target-date funds, managed accounts, and online advice, in employer-sponsored defined contribution plans. The study finds that participants that use professional investment help are significantly better off than those who go it alone. Source: Financial Engines

Analyzing Excessive Fee Claims Under ERISA Following Jones v. Harris Associates In March 2010, the Supreme Court in Jones v. Harris Associates L.P. clarified the standard for determining whether a mutual fund investment adviser has breached its fiduciary duty under the 1940 Act in connection with its receipt of fees from the funds that it manages. The attached article examines whether the Supreme Court's ruling in Jones could be instructive to courts in deciding the 401k fee lawsuits that have been brought under ERISA. Source: Groom Law Group

Plan Investment Decisions Are Protected in Loomis v. Exelon Corporation The U.S. Court of Appeals for the Seventh Circuit has issued another important decision in favor of plans and plan administrators in a case involving allegations of excessive fees and expenses. In Loomis, et al. v. Exelon Corporation, Judge Easterbrook, writing for the three-judge panel, affirmed the district court's dismissal of all claims. The case represents a defeat for plaintiffs alleging that retirement plans paid excessive fees to investment advisors and otherwise failed to uphold the fiduciary duties imposed under ERISA. Source: Williams Mullen.

Ameriprise Sued by Employees Over 401k Losses Members of Ameriprise Financial Inc.'s 401k plan filed a proposed class action in Minnesota on Wednesday claiming they lost $20 million in investments. The lawsuit accuses the financial services company of favoring its own under performing subsidiary funds over investment plans with better performance records. Source: Advisorone.com.

Another Plan Sponsor Win on Revenue-Sharing Another plan sponsor has prevailed in a revenue-sharing case – and at the appellate court level. Source: Plansponsor.com.

Bank of America Wins Suit Regarding use of Proprietary Funds A federal court has dismissed all charges against Bank of America for allegedly breaching its ERISA fiduciary duties by using proprietary funds in its 401k plan investment lineup. Source: Plansponsor.com.

For more information about custom retirement plan design and how Benefit Plans Plus can help make your business more successful visit www.bpp401k.com