Do You Need to Send an Annual Notice to Plan Participants?

Help for 401k plan sponsors and retirement professionals.


Newsletter for November 18, 2013

We are a knowledge service that curates -- finds, reviews, organizes and shares -- the best and most relevant information for professionals involved with 401k's. This weekly newsletter is just one method we utilize to circulate the information we located this past week. It is a free service to our website users.


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Compliance and Regulatory Related

Do You Need to Send an Annual Notice to Plan Participants?

Summary: Plan sponsors of defined contribution qualified plans may need to issue one or more annual notices to participants before the end of each plan year. Failure to issue a required annual notice can have significant consequences. This article provides a list of the content and deadlines for the most common notices that plan sponsors may need to distribute.

Source: Alston.com

2013 End of Year Compliance Checklist

Summary: This nine page checklist provides an overview of new compliance items for various benefit plans that should be addressed before 2014. The checklist also includes important ongoing year-end requirements.

Source: Reinhartlaw.com

Retirement Plans: Year-End Planning

Summary: Here are a few reminders of the retirement plan administrative matters that should be reviewed and managed on or before January 1, 2014.

Source: Tri-ad.com

DOL Clarifies Anti-Criminal Rule Under ERISA Rules

Summary: The DOL on November 1, 2013 issued Advisory Opinion 2013-05A concerning the application of certain anti-criminal provisions under the Employee Retirement Income Security Act of 1974. In particular, the Opinion generally provides clarification regarding what may be considered a "conviction" for purposes of Prohibited Transaction Class Exemption 84-14 (the "QPAM Exemption").

Source: Dechert.com

IRS Final Rule Simplifies Requirements to Suspend or Reduce Safe Harbor Contributions Mid-Year

Summary: The Internal Revenue Service (IRS) issued final rules permitting the mid-year reduction or suspension of safe harbor nonelective contributions 401k's by employers that are operating at an economic loss or satisfy certain notice requirements. The final rules also make conforming changes to regulations addressing the reduction or suspension of safe harbor matching contributions under Section 401(m) of the IRC.

Source: Practicallaw.com

Keeping Plan Records: How Long is Long Enough?

Summary: Plan sponsors often overlook a couple of the key recordkeeping requirements of ERISA. And there are penalties for failing to maintain sufficient records, so before disposing of those old boxes of plan information, check to make sure you will in fact never actually need them in the future.

Source: Foxrothschild.com

Items of Special Interest to Advisors

401k Market Projected to Grow by 9% in 2014

Summary: Buoyed by economic growth, the 401k market is projected to grow by 9% in 2014, reaching $4.2 trillion by the start of 2015. That represents annual growth of 9% in 2013 and 9% in 2014, up from $3.6 billion at the end of last year, according to new research from Ignites Retirement Research.

Source: 401khelpcenter.com

Don't be the Blockbuster of Retirement Plan Providers

Summary: If you're a broker and you never see your retirement plan sponsor clients in quite some time, your days are numbered. If you are a third party administrator and you live and die by revenue sharing, the jig is probably going to be up.

Source: Jdsupra.com

Vendors Segment Fiduciary Services as DOL Treads Water on New Definition

Summary: While most retirement plan sponsors and their vendors think being deemed a plan fiduciary is an "all-or-nothing" proposition, it is in fact becoming a growing continuum of service-provider job titles and responsibilities, one industry expert suggests. As a new definition of fiduciary to replace that of 1974 approaches from the DOL, different tiers of fiduciary roles are emerging.

Source: Thompson.com

General Items

The Great Bundled vs. Unbundled 401k Provider Debate

Summary: In our lives, there are times when we have two important choices. It's Coke vs. Pepsi, Mac vs. PC, Xbox vs. PlayStation (sorry Nintendo), Star Wars vs. Star Trek, and Marvel vs. DC. In the 401k space, it's always bundled vs. unbundled for the employer to choose as a 401k plan provider. So this article will discuss the bundled vs. unbundled debate and what may be the better fit for a particular 401k plan.

Source: Jdsupra.com

The Value of a 401k Plan Administrator

Summary: Managing a 401k isn't easy. There are daily operations to monitor, complicated forms to fill out, money to collect and pay out, and plenty of communication strategies to execute. There's a lot of pressure on plan sponsors to have highly successful 401k plans to help attract and retain workers. Many plan sponsors turn to experts to run the entire plan -- or at least certain parts.

Source: Workforce.com

403(b) Plans

Study Finds Higher Education Institutions Consolidating Retirement Plans and Features

Summary: Transamerica Retirement Solutions found Higher Education institutions are trending toward streamlining their retirement plans. According to a just released Transamerica study, institutions are making big changes to ease administrative burden and reduce costs.

Source: 401khelpcenter.com

Fiduciary Related Material and Insight

Liability Insurance and a Plan Review Are Warranties Worth Paying For

Summary: Fiduciary liability insurance helps protect plan sponsors who find themselves also appearing as defendants in a plan lawsuit filed by an aggrieved plan participant in a town near you. Spending some shekels on a fiduciary liability policy and a plan review is certainly well worth it to avoid a greater harm later.

Source: Jdsupra.com

Fiduciary Governance Issues Created by Canned Plan Documents

Summary: All plans make at least a minimum assignment of fiduciary authorities and responsibilities. These authorities are the predicate for acts that are authorized under the terms of the plan and those that are not. Not paying attention to what the plan says can cause real and serious problems for employers.

Source: Fiduciaryplangovernance.com

Insights: Studies, Research and White Papers

Offering Benefits Still Gives Employers a Competitive Advantage

Summary: The vast majority or workers say that the benefits package an employer offers -- especially health insurance -- is important to their decision to accept or reject a job, but a quarter are not satisfied with them, according to a new EBRI survey.

Source: 401khelpcenter.com

Employees' Stress About the Economy and Their Own Financial Security Increase

Summary: The study found that employees' financial wellness declined in Q3 to a level not seen since Q1 2012. The decline appears to be a result of employees growing more aware of their financial shortcomings in areas outside of day-to-day money management.

Source: 401khelpcenter.com

Boosted by Resurgent Stock Market, 401k Average Balance Reaches New High

Summary: Fidelity announced its average 401k balance rose to a new high of $84,300 at the end of the third quarter, up 11.1 percent from a year ago, thanks in large part to a resurgent stock market (see chart). Employees who were continuously active in their 401k plan over the last 10 years saw the average balance rise 19.6 percent to $223,100 during the past 12 months.

Source: 401khelpcenter.com

The Retirement Income Challenge

Summary: At a company where the 401k plan has become the primary retirement savings vehicle, the issue of how you turn the participant's account balance into a stream of income supporting the participant in retirement has become a focus of increasing concern, among policymakers, sponsors and plan participants.

Source: Octoberthree.com

Retirement Plan Participation Generally Stable

Summary: The number of workers participating in an employment-based retirement plan has increased slightly, although the level of participation is down slightly, according to a new analysis by the nonpartisan Employee Benefit Research Institute.

Source: 401khelpcenter.com

Some Canadians Don't Retire When They Want

Summary: While 80% of Canadians nearing retirement believe they'll choose when they leave their careers, in reality, 41% of retirees say they left sooner than expected, according to the RBC 2013 Retirement Myths & Realities Poll. Often employers asked them to step down (41%), or health issues sped up their departure (22%).

Source: Benefitscanada.com

Court, Legislative and Washington DC

MassMutual 401k Suit Takes Litigation Into New Territory

Summary: A recently filed case involving allegations that 401k plan sponsors charged excessive fees is raising questions on whether general account products, group annuities and stable-value products might also become a focal point in future litigation. The suit is no ordinary 401k fee case.

Source: Investmentnews.com (free registration may be required)

Capping Small Business Retirement Savings

Summary: White House officials earlier this year unveiled the Obama administration's Fiscal Year 2014 budget proposal, which included a cap on tax-deferred retirement savings. Changes in tax policies can trigger responses from employers, but a proposed cap on retirement savings could have a particularly severe impact on small businesses, according to an analysis by the nonpartisan Employee Benefit Research Institute.

Source: Ebri.org

Marketplace News

Custodia Financial Teams Up With TSA Consulting

401k Plan Advisor Business Improvement Program Released

Principal Launches Hispanic Market Program

Sunwest Pensions and TAG Resources Partner on Fiduciary Service

USI Consulting Group Launches Redesigned Website

Schwab Unveils Latest Technology Initiatives to Support RIA Growth

Gordon Asset Management Launches 401k Fee Disclosure Website


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This eNewsletter is a digest of information published by a variety of web-based sources on 401k and related issues and is published as a service to our users. 401khelpcenter.com, LLC 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 subscribers, but 401khelpcenter.com, LLC does not endorse and disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, or reliability of the material. Reliance on this material should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. All articles are copyrighted to their publishers. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact the source site immediately. All links were tested before this eNewsletter was e-mailed to you to ensure that they are still functional.

Copyright © 2013 by 401khelpcenter.com, LLC. All rights reserved. No reproductions without prior authorization, but you are free to email this copy (in its entirety) along to colleagues or clients. This newsletter may not be posted to any website.

THIS NEWSLETTER IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE.

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