Newsletter for April 28, 2014
We are a knowledge service that finds, reviews, selects, organizes and shares the best and most relevant information for professionals involved with 401k and 403(b) plans. This weekly newsletter is just one method we utilize to circulate the information we processed this past week. It is a free service to the industry.
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In This Issue
- DC Consolidation Heats Up: 10 Major Announcements in Less Than a Year
- SEC to Examine Investment Advisers' Procedures for Countering Cyber Security Threats
- ERISA Fee Disclosures: Best Practices for Fiduciaries
- 401k/403(b) Best Practices -- Fees
- BMO White Paper on Automatic Features
- Canada: What Retirement Crisis?
- Retirement Remains Americans' Top Financial Worry
- President Obama's 2015 Budget Proposes Changes to Employer Benefits
- 'Bipartisan Policy Center' Launches New Retirement Savings Initiative
- Fiduciaries Evades Liability for Use of Float Income
- Guide to Key Defined Contribution Plan Reporting and Disclosure Deadlines
- Preventing and Fixing Broken 401k Plans: 12 Common Compliance Errors
- Common Retirement Plan Problems and How to Fix Them - Part 2
- Using Retirement Accounts to Fund a Business Startup Draws IRS Scrutiny
- ERISA Penalty Claims, How to Handle Them
- IRS Extends Deadline for 403(b) Plan Documents
- Report Card on 403(b) Plans: Have They Improved?
- Visualizing Retirement
- What Role Should Plan Sponsors Play in Helping Participants Convert Retirement Savings Into Retirement Income?
- How Do Companies Boost 401k Enrollment?
- Marketplace News
Items of Special Interest to Service Providers
DC Consolidation Heats Up: 10 Major Announcements in Less Than a Year
Summary: The 2008 economic crisis forced potential buyers in the DC world to shore up their own businesses rather than looking at acquisitions. But those concerns are all past, it seems. Major deals and restructuring have significantly altered the DC industry landscape, with more to come. Here are the 10 major deals that have occurred or have been announced over the last 12 months.
Source: Napa-net.org
SEC to Examine Investment Advisers' Procedures for Countering Cyber Security Threats
Summary: On April 15, 2014, the Securities and Exchange Commission's Office of Compliance Inspections and Examinations issued a "Risk Alert" explaining a new initiative to assess cyber security preparedness in the securities industry. Although not an official rule, regulation or statement of the SEC, the Risk Alert advised that OCIE will be conducting examinations of more than 50 registered broker-dealers and registered investment advisers, regarding their cyber security and data security procedures and policies.
Source: Drinkerbiddle.com
Fiduciary and Plan Governance Material
ERISA Fee Disclosures: Best Practices for Fiduciaries
Summary: In response to intense public scrutiny and a series of lawsuits brought against plan sponsors and fiduciaries concerning the compensation paid to 401k service providers, the DOL created a three-part fee disclosure initiative aimed at greater transparency for the benefit of such plans and their participants. In addition to changes to Form 5500, Schedule C reporting, the DOL issued two final regulations: a regulation on participant-level fee disclosure, and a regulation on plan sponsor-level fee disclosure. It is now up to plan sponsors and participants to use the disclosure information obtained as a result of these initiatives in a manner that yields prudent and effective investment decisions.
Source: Erisa-Lawyers.com
401k/403(b) Best Practices -- Fees
Summary: Are your retirement plan fees market competitive? Do you meet your fiduciary obligations regarding provider fee review each year? Consider these best practices relating to fees.
Source: Lawtonrpc.com
Insight: Studies, Research and White Papers
BMO White Paper on Automatic Features
Summary: White paper examines the use of automatic features within a defined contribution plan. It notes that it is widely known that features such as auto-enrollment and auto-escalation typically increase employee participation, and are therefore likely to improve retirement readiness. In contrast, plan sponsors have not traditionally received guidance on how to implement these features effectively. The paper identifies the key questions that need to be addressed.
Source: Bmo.com
Canada: What Retirement Crisis?
Summary: There isn't a retirement income crisis in Canada, according to a study. The Fraser Institute study The Reality of Retirement Income in Canada finds that analysts, activists and politicians who advocate for expanding the Canada Pension Plan (CPP) base their arguments on several faulty assumptions, often overlooking all the resources available to Canadians in retirement.
Source: Benefitscanada.com
Retirement Remains Americans' Top Financial Worry
Summary: A firm majority of Americans, 59%, are worried about not having enough money for retirement, surpassing eight other financial matters. A majority of Americans have reported being "very" or "moderately" worried about retirement savings every year since 2001, illustrating that saving for retirement 'disquiets' Americans in both good and bad economic times.
Source: Gallup.com
Court, Legal, Legislative and Washington DC
President Obama's 2015 Budget Proposes Changes to Employer Benefits
Summary: President Obama's budget proposal for fiscal 2015 includes items from the State of the Union address, such as the new myRA retirement savings accounts and a minimum wage hike. The budget also includes proposals from earlier budgets, including limits on savings and benefits in tax-preferred retirement plans, a cap on tax preferences for employer-provided health and retirement benefits, and calls for higher Pension Benefit Guaranty Corporation premiums.
Source: Towerswatson.com
'Bipartisan Policy Center' Launches New Retirement Savings Initiative
Summary: As fewer Americans accumulate sufficient savings and the solvency of Social Security is threatened, how Americans adequately prepare for retirement has become a critical question. To address this long-term challenge, the Bipartisan Policy Center announced the launch of a new Personal Savings Initiative.
Source: 401khelpcenter.com
Fiduciaries Evades Liability for Use of Float Income
Summary: The U.S. Court of Appeals in St. Louis has affirmed a trial court ruling that plan fiduciaries violated their duties under ERISA by failing to monitor excessive fees remitted to a recordkeeper that was paid through revenue sharing. In addition, the court absolved the recordkeeper of liability for its use of float income retained on plan investments.
Source: Wolterskluwerlb.com
Compliance and Regulatory Related
Guide to Key Defined Contribution Plan Reporting and Disclosure Deadlines
Summary: Do you know that there are more than 30 statements, notices, participant communications, and forms that a 401k or other defined contribution plan may be required to distribute or file in a given year? Now that Spring is in the air and the dust from all the first of the year benefit changes has settled, it is a good time to take a look at your plan's compliance with key reporting and disclosure deadlines.
Source: Quarles.com
Preventing and Fixing Broken 401k Plans: 12 Common Compliance Errors
Summary: Retirement plans must always be in both form and operational compliance, including demographic eligibility compliance, with the terms of the plan document for the life of the 401k plan in order to claim the benefits granted to a qualified plan. Here is a summary of 12 common 401k plan compliance errors.
Source: Thinkadvisor.com
Common Retirement Plan Problems and How to Fix Them - Part 2
Summary: The question of compensation seems like it would be very straight forward, but it trips up so many plan sponsors. Problem: The compensation on which contributions were calculated was not the same as the compensation as defined in the plan document. How do you fix it?
Source: Benefit-Resources.com
Using Retirement Accounts to Fund a Business Startup Draws IRS Scrutiny
Summary: The IRS is increasing scrutiny into a complex practice for using retirement accounts to fund a business. The practice may trip up business owners who take advantage of it. In the end, it could cost them not only their retirement nest eggs, but open them up to paying back taxes and large penalties to the IRS.
Source: Smallbiztrends.com
ERISA Penalty Claims, How to Handle Them
Summary: Are you seeing more ERISA Plaintiffs asserting claims seeking penalties for delayed production of ERISA-related documents? 29 U.S.C. 1132(c)(1) allows the Court to impose penalties of up to $110 per day for delays in producing documents requested in writing. But are those written requests for ERISA documents sufficiently detailed to create a risk of penalties? In Cultrona v. Nationwide Life Insurance Company, the Court requires Plaintiff's written request for ERISA documents to give plan administrator "clear notice" of the documents requested.
Source: Boomerisablog.com
403(b) Plans
IRS Extends Deadline for 403(b) Plan Documents
Summary: The IRS issued Revenue Procedure 2014-28, which extends the deadline for plan document providers to submit applications to the IRS for pre-approval of prototype and volume submitter 403(b) plan documents from April 30, 2014 to April 30, 2015.
Source: Mcgladrey.com
Report Card on 403(b) Plans: Have They Improved?
Summary: Before a new set of regulations kicked in a few years ago, 403(b) plans were like the wild, undisciplined cousins of the 401k plan. Participants choosing a 403(b) plan often had to sort through a complex list of options ranging from A to Z. And we're not talking about investment options. This complexity was a barrier to entry for the average and even the above-average participant. How have 403(b) plans changed?
Source: Yahoo.com
General Items
Visualizing Retirement
Summary: What would it take to get the employees at your organization to save more for retirement? Getting employees to build an "emotional connection" with their future selves may be the key to getting them to save more for retirement.
Source: Hreonline.com
What Role Should Plan Sponsors Play in Helping Participants Convert Retirement Savings Into Retirement Income?
Summary: We are just beginning to witness how retirement plays out for a generation of workers who have primarily funded their retirement through a 401k plan. It's likely that in the future, plan sponsors will play a more active role in helping participants convert their retirement savings to retirement income.
Source: Francisinvco.com
How Do Companies Boost 401k Enrollment?
Summary: More Americans are saving for retirement through their employers' 401k programs. That's because in recent years they've been given a strong nudge -- more companies are automatically enrolling workers in retirement savings programs. Some firms are also automatically increasing the amount employees contribute. That's just as important, experts say. And all of this makes a big difference: Without it, millions of Americans don't save at all.
Source: Npr.org
Marketplace News
Nominations for the 2014 'Signature Awards' Now Open
Peggy Santhouse Joins John Hancock RPS
fi360 Expands Senior Level Management Team
Segal Group Creates Dedicated DC Team
WMSI Launches Small Business Retirement Plan Comparison Calculator
IRIC Announces Lincoln Financial, Voya as Newest Sponsors
ADP Launches 'IPS Zero' Platform
BlackRock Enhances CoRI Retirement Suite
Principal Hosts ERISA 3(16) Webcast for TPAs
InHub Launches RFP Tool for Institutional Investors
Invesco National Trust Launches 15 New CTFs