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Financial Resources & News

Bill Seeks to Boost Women’s Retirement Security

A bill introduced by Senator Patty Murray (D-WA) seeks to improve retirement security for women, BenefitsPro recently reported. The Women’s Pension Protection Act of 2015 proposes to safeguard retirement savings, improve access to retirement savings plans for long-term, part-time workers -- most of whom are women -- and help increase women’s financial literacy. One provision would extend spousal...

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Supreme Court Ruling on Same-Sex Marriage

On June 26, 2015, the U.S. Supreme Court issued its decision in Obergefell v. Hodges,* ruling that the 14th Amendment requires all states (and the District of Columbia and U.S. territories) to recognize same-sex marriage. The ruling also requires states to recognize same-sex marriages lawfully performed in another state. Background Previously, in 2013, the Supreme Court had ruled in United...

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Markets in Review

The global markets were characterized by heightened volatility and uncertainty with all major equity markets ending the quarter in negative territory. China’s slowdown and currency devaluation placed pressure on global economies and markets. As a result of the correction in China, commodity prices and emerging markets currencies in areas highly dependent on China also experienced a decline. In...

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Retirement Distribution Advice

It is common practice for financial services firms to contact 401(k) participants who are nearing retirement to discuss rolling over their 401(k) nest egg into an individual retirement account (IRA). Several different regulatory agencies, including the Financial Industry Regulatory Authority (FINRA), the Government Accountability Office (GAO), the Department of Labor (DOL), and the Securities...

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RECENT Developments

DOL Proposed Fiduciary Definition On April 14, 2015, the U.S. Department of Labor (DOL) issued its long-awaited proposed definition of “fiduciary.” When finalized, the new definition will have a major impact on who is considered to be a fiduciary. Historically, a 401(k) plan sponsor is a plan fiduciary. As such, the sponsor makes sure that investments made available to participants are prudent...

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EPCRS Revised

On March 27, 2015, the IRS published Revenue Procedure 2015-27. The new guidance revises certain correction methods under the Employee Plans Compliance Resolution System (EPCRS) and makes changes to Revenue Procedure 2013-12, the current version of EPCRS. The revisions provide plan sponsors with greater flexibility in fixing overpayment errors and reduce compliance fees associated with...

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Hardships and Loans

The April 2, 2015, edition of the IRS newsletter for plan sponsors (Employer Plan News) contained an important reminder: Plan sponsors that permit hardship distributions or participant loans should review their current practices to ensure they are operating in compliance with IRS requirements. Hardship Distributions. The IRS makes it clear that a plan sponsor is obligated to retain the following...

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Summary of Tibble vs. Edison Ruling

On May 18th, the Supreme Court delivered its decision in Tibble v. Edison International in favor of the plaintiff. The case involves the question as to whether a fiduciary has an ongoing duty to monitor a 401(k) plan’s investments. Case Summary: The plaintiffs in Edison’s 401(k) Plan sued their employer in 2007, claiming that plan fiduciaries imprudently offered six retail share class funds in...

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Markets in Review

During the quarter, the global markets experienced significant volatility, but ended relatively flat. Daily price fluctuations were largely driven by global macroeconomic headlines including a potential Greek default, Chinese market instability, and diverging global monetary policy. While the impacts of the strength of the U.S. dollar and depressed oil prices still remain relevant, their effects...

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Portability Chart as of 2015

LEGEND      a) Only pretax amounts from an IRA or SEP may be rolled to these plans.      b) Rollovers from SIMPLE IRAs are prohibited until after two years of participation.      c) Pretax amounts only.      d) After-tax amounts may be received only by direct transfer or direct rollover.      e) PPA permits direct rollover from a non-Roth qualified plan source, non-Roth 403(b) source, and...

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RECENT Developments

IRA-to-IRA Rollovers IRS Announcement 2014-15 addressed the application of the one-per-12-month-period limit on tax-free rollovers between individual retirement accounts (IRAs). Prior to 2015, the limit applied to each IRA an individual owned. Beginning in 2015, the limit will apply to the aggregate of all an individual’s IRAs. IRS Announcement 2014-32 provides additional clarification and a...

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Blackout Period and Notice

Forms 5500, Annual Returns/Reports of Employee Benefit Plan and Forms 5500-SF have a two-part question about plan compliance with the blackout notice rules. The first part asks if an individual account plan had a blackout period. If the answer is yes, the follow-up question asks whether a blackout notice was provided or if one of the exceptions applied. The IRS is monitoring compliance with...

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Surviving a DOL Audit in a Post Fee Disclosure World

Introduction The Department of Labor (DOL) is moving into enforcement mode following a whole host of court rulings aimed at plan sponsors and plan providers regarding excess fees imbedded in 401(k) plans. This is a significant shift that all 401(k) plan sponsors need to anticipate. DOL auditors have added several very pointed questions to the list of items they request during “routine” audits...

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Plan Design and After-tax Contributions

Recent IRS guidance has created a new interest in “after-tax” contributions as a plan provision because they can be used to maximize plan contributions and reduce future tax liabilities. Note: After-tax contributions are not the same as designated Roth contributions. With proper plan design, after-tax contributions can be a valuable benefit to plan participants. Following is a discussion of some...

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Markets in Review

The global equity markets began the year with heightened volatility, but all major equity markets, with the exception of the United Kingdom, ended the quarter in positive territory. There was a divergence of central bank monetary policies as the U.S. Federal Reserve (the “Fed”) indicated interest rate normalization in the near term, while European, Japanese and Emerging Markets’ central banks...

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