Pension Protection Act Blog

I wanted to see what the new Model 403(b) Plan released by the IRS in Rev. Proc. 2007-71 would look like as an actual plan document, so I formatted it using the common plan document style, including a table of contents, and I have posted it here. With the idea behind Rev. Proc. 2007-71 […]

[Read more →]

When the IRS released the Final 403(b) Regulations earlier this year, they also announced that they would be releasing model plan language, and potentially a model plan itself, for plan sponsors to adopt. In the past, the IRS has released Model amendments and sample amendments, and even suggested plan language for prototype plans contained […]

[Read more →]

The U.S. Supreme Court today heard oral argument in LaRue v. DeWolff, Boberg & Assoc. At the heart of it, this case is about a failure to follow investment instructions, and a participant seeking the lost profits which he may have received if his investment instructions were followed.
The transcript of the argument, available here, […]

[Read more →]

This week in the Employee Benefits world:
Jerry Kalish of The Retirement Plan Blog discusses the difference between S-Corp compensation and C-Corp compensation in So Now, Exactly What is Reasonable Compensation?
Roy F. Harmon III of the Health Plan Law blog provides an analysis of the 7th Circuit decision on when ERISA plan participants can successfully state […]

[Read more →]

With the deadline of November 24th to provide the Qualified Default Investment Alternatives (QDIA) Notice fast approaching, neither the Dept. of Labor nor the IRS has announced a last minute extension.
When the DOL released the Final Rule on Default Investment Alternatives Under Participant Directed Individual Account Plans on October 24, 2007, it contained […]

[Read more →]

For plans implementing a qualified automatic contribution arrangement (QACA) or an eligible automatic contribution arrangement (EACA), notice of the arrangement must be provided to employees at least 30 days before the beginning of each plan year.
The IRS has issued a Sample Notice to comply with this requirement. The Service states that the Sample Notice […]

[Read more →]

Tom Poje posted a sample Automatic Enrollment notice on Benefitslink.com.
Technorati Tags: automatic enrollment, sample notice, QACA, EACA, ERISA

[Read more →]

The debate continues on whether the IRS requires 403(b) plans to be expressed on a written plan document. The latest statement from the IRS on this issue is contained in the new final regulations released today.
With these Final Regulations, effective November 15, 2007, the IRS added Treasury Reg. section 31.3121(a)(5)-2 containing the […]

[Read more →]

One set of facts, two plan documents involved = two different outcomes.
While redrafting a cafeteria plan document to update the language in the plan, the Eleventh Circuit’s decision in Popowski v. Parrott, No. 05-10235 (Aug. 24, 2006), popped back up as a reminder to carefully consider the reimbursement language in the plan document.
Popowski caught my […]

[Read more →]

Lizzie Palmer has posted an amazing video on YouTube. The video has nothing to do with plan documents or ERISA directly.
Earlier this month, I posted about reviewing the USERRA provisions in plan documents before making year-end contribution projects for next year. Paul Secunda of the Workplace Prof Blog discusses an article in the […]

[Read more →]