September 2006
401(k) Newsletter
General Issues
Research on Plan Design and Other Trends — Summary: A national investment advisory firm specializing in retirement plans surveyed some of the nation's leading authorities on employer- and trustee-sponsored retirement benefits. Survey results showed an optimistic view of the future on a range of topics, including plan design and communication trends as well as fiduciary and regulatory issues. Located at: International Foundation of Employee Benefit Plans (PDF File). Click on headline for full article.
Applying Behavioral Communication to Retirement Planning — Summary: Given the continuing decline of pension plans and the uncertain future of Social Security, it is critical to find ways to improve behavior and communicate with employees in a way that engages them in their retirement saving. Located at: Benefitnews.com. Click on headline for full article.
Managed Accounts and Participant Portfolios — Summary: This paper examines the impact of managed account programs on participant equity holdings, company stock exposure, and expected portfolio risk and return. Located at: Vanguard Center for Retirement Research (PDF File). Click on headline for full article.
401k Plan Asset Allocation, Account Balances, and Loan Activity in 2005 — Summary: This annual report is a joint venture between EBRI and ICI. The 2005 EBRI/ICI database covers approximately 37 percent of the universe of 401k plan participants, 11 percent of plans, and 42 percent of 401k plan assets. The EBRI/ICI project is unique because of its inclusion of data provided by a wide variety of plan recordkeepers and, therefore, portrays the activity of participants in 401k plans of varying sizes-from very large corporations to small businesses-with a variety of investment options. Located at: Investment Company Institute (PDF File). Click on headline for full article.
To Roth or Not to Roth — Summary: You may have read and/or heard about the Roth 401k, and you may be wondering if this a good option for your clients and their employees. The Roth 401k feature can be very valuable for some, but much less so for others. Located at: McHenry Group. Click on headline for full article.
Pension Protection Act of 2006 (PPA)
Key Provisions of the Pension Protection Act of 2006 — Summary: On August 3, 2006, the Senate passed HR 4, the Pension Protection Act of 2006, by a vote of 93 to 5. Sal L. Tripodi, for ASPPA, has authored this detailed summary of the preliminary review of the 907-page bill. Located at: ASPPA. Click on headline for full article.
PPA Rules on Providing Investment Advice to 401k Plan Participants — Summary: The PPA will amend the prohibited transaction provisions of ERISA and the Internal Revenue Code to create an exemption (the "Investment Advice Exemption") for investment advice provided to participants in 401k and other participant directed pension plans pursuant to an "Eligible Investment Advice Arrangement." This exemption serves two main purposes. Located at: Paul, Hastings, Janofsky & Walker LLP (PDF File). Click on headline for full article.
PPA Significantly Modifies ERISA's Fiduciary Responsibility Provisions — Summary: Although media attention has focused on the PPA's provisions designed to overhaul the funding requirements for defined benefit plans, the new law contains several changes in the ERISA fiduciary responsibility and prohibited transaction provisions that will have an impact on the management of pension plan assets. Located at: Paul, Hastings, Janofsky & Walker LLP (PDF File). Click on headline for full article.
PPA Sets New Prohibited Transaction Rules and ERISA Fidelity Bond Requirements — Summary: This Alert focuses on changes to the prohibited transaction restrictions of ERISA and the Internal Revenue Code of 1986 that affect investment advisers, broker-dealers, and others that provide financial services to plans (either directly or indirectly through entities whose assets are considered to include "plan assets" for ERISA purposes). This Alert also discusses changes to ERISA's fidelity bond requirements. Located at: Kirkpatrick & Lockhart Nicholson Graham LLP (PDF File). Click on headline for full article.
Fiduciary Issues
Fiduciary Case Study: Measuring the Impact and Effect of Fiduciary Decisions — Summary: An employer with approximately 2,600 employees wanted to investigate the nature of fees and operational processes with their plan. The objective was to resolve lingering questions the committee had about how their service providers were paid. This article outlines their approach using an independent fiduciary. Located at: 401khelpcenter.com. Click on headline for full article.
401k Sponsors Addressing Challenges Raised by Stock Market Volatility — Summary: Corporate scandals and the stock market's ups and downs have created new challenges for 401k plan sponsors and fiduciaries, but they appears to be rising to the challenge. This article outlines some of the actions taken by plan sponsors. Located at: Benefitslink.com. Click on headline for full article.
DOL and IRS Issues
The IRS Advances its Strategy to Simplify and Expand the Correction of Qualified Plan Operational and Other Defects — Summary: This is a very general description of some of the more significant changes brought about by Revenue Procedure 2006-27, although the list is not meant to be all-inclusive, and many of the changes are highly technical in nature and cannot be adequately addressed in detail within the scope of this article. Located at: White & Case LLP. Click on headline for full article.