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Plante Moran Financial Advisors > Services > Pension & Profit Sharing Plans > 401(k) Newsletter
October 2007
401(k) Newsletter

General Issues

Will DC Automatic Programs Eliminate Need for Education and Advice in the Workplace? Summary: Given that the Pension Protection Act addresses plan sponsors' primary concerns, do we still need to offer education and advice to employees? Can't we simply auto-enroll, auto-escalate, and auto-allocate, and call it a day—or a decade? Located at: Journal of Financial Planning. Click on headline for full article.

When Retirement and Family Needs Collide Summary: According to research, a surprising number of working adults age 45 and older are providing financial and other meaningful support to their parents and adult children. Unfortunately, the burden of caring for family comes at the expense of retirement savings, with many boomers choosing to delay retirement or not retire at all. Located at: Employee Benefit News (free registration may be required). Click on headline for full article.

The Pension Protection Act of 2006: Essential Insights Summary: The Pension Protection Act of 2006: Essential Insights offers the perspectives of three nationally known experts regarding how the PPA will affect employers and plan administrators. It serves as a quick and handy resource that will not only inform its readers, but alert them as to what they can expect in years to come now that the PPA has entered the scene. Located at: Thompson Publishing (PDF File). Click on headline for full article.

An Overview of the Saver's Credit Summary: The Saver's Credit is an important tax credit directly targeted at promoting qualified retirement savings to low- to middle-income Americans. Eligible households can build their nest eggs for their retirement with some help from Uncle Sam. Located at: Transamerica Center for Retirement Studies. Click on headline for full article.

Statutory Eligibility Rule and Rehires Summary: How does the statutory eligibility rule (one year and 1,000 hours of service) apply when an employee works 1,000 hours, leaves before completing 12 months of service, and is then rehired? Located at: McKay Hochman. Click on headline for full article.

Why Models Are Used in 401k Investing Summary: Understanding why many plan sponsors are choosing models over off-the-shelf products is important for all plan sponsors and this article describes the 12 reasons why plan sponsors choose models over lifestyle or lifecycle funds. Located at: The 401k Company (PDF File). Click on headline for full article.

Fiduciary Issues

Smaller 401k Plan Sponsors Need Education on Fiduciary Roles Summary: Smaller 401k plan sponsors have little understanding of ERISA Sec. 404(c) protection, are not too knowledgeable about investment policy statements, and do not change the investment options in their 401k plans very often. Located at: CCH. Click on headline for full article.

Legal Issues to Consider When Shifting from DB to DC Plan Summary: Most employers cite cost savings and the elimination of financial uncertainty as the main reasons for shifting from a defined benefit plan to a defined contribution plan. However, without careful planning and attention, the cost savings can be illusory, as financial uncertainty easily can be replaced with legal uncertainty if legal issues are not handled properly in administering a DC plan. Located at: Employee Benefit News (free registration may be required). Click on headline for full article.

Research
The Economics of Providing 401k Plans: Services, Fees, and Expenses Summary: Employers that decide to offer 401k plans, an optional employee benefit, are confronted with two competing economic pressures: the need to attract and retain qualified workers with competitive compensation packages and the need to keep end products and services competitively priced. This ICI report reviews some of the services, fees, and expenses involved and who pays them. Located at: Investment Company Institute (PDF File). Click on headline for full article.

DOL and IRS Issues

DOL Proposes Guidance on Annuities in DC Plans Summary: The proposed regulations would reiterate that the selection of an annuity to distribute benefits from a defined contribution plan is subject to the fiduciary standards of ERISA generally. The proposed regulations would then provide a safe harbor under the ERISA prudence standard, by specifying that a fiduciary for a defined contribution plan has acted prudently in selecting an annuity provider to provide benefit distributions, or benefit distribution options available to plan participants and beneficiaries. Located at: Sutherland Asbill & Brennan LLP (PDF File). Click on headline for full article.

IRS Will Tax 401k Savings Used to Buy Retiree Health Coverage Summary: The IRS, in its proposed rules, says Congress has ‘carefully and strictly limited the ability to prefund’ health care benefits on a tax-favored basis. Located at: Workforce.com (free registration may be required). Click on headline for full article.

IRS Sets New Standard Regarding "Partial Plan Termination" of Tax-Qualified Retirement Plans Summary: This article summarizes the applicable law regarding "partial plan terminations" under the Internal Revenue Code of 1986, as amended, including a discussion of the potential adverse consequences that could result from the failure to treat a significant reduction in plan participation as a partial plan termination in the event that the IRS and/or a court of law ultimately determines that a partial plan termination has occurred. Located at: White & Case LLP. Click on headline for full article.

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