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Recent ERISA Guidance from the U.S. Department of Labor on Code Section 403(b) Plans (28 pp) (relevancy score: 100%)

by Susan E. Rees, Esquire
from Retirement, Deferred Compensation, and Welfare Plans of Tax-Exempt and Governmental Employers (September 13, 2010)

TIAA also provides its contracts as funding vehicles for other defined contribution plans (including 401(k) plans). TIAA-CREF contracts generally provide three investment options for contributions: the Traditional Annuity, a CREF mutual fund account, or the TIAA real estate account. 2 12 Q-4. If a plan administrator excludes some contracts or accounts from the plan's annual report because those contracts or accounts meet the requirements of FAB 2009-02, does the administrator have to ...

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403(b) Workshop: Update from Vendor Representatives (16 pp) (relevancy score: 100%)

by Weiyen Jonas
from Retirement, Deferred Compensation, and Welfare Plans of Tax-Exempt and Governmental Employers (September 13, 2010)

These fees are deducted from mutual funds to compensate securities professionals for sales efforts and for services provided to the mutual fund investors. * * * The proposal would: Protect Investors by Limiting Fund Sales Charges Limiting "Ongoing Sales Charges": When an investor buys shares of a mutual fund, there is frequently an accompanying sales charge (or load) that compensates the broker-dealer who helped sell the shares. In particular, the fund would have to disclose any &...

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403(b) Audits: The Accountant's Perspective (6 pp) (relevancy score: 100%)

by Robert A. Lavenberg
from Retirement, Deferred Compensation, and Welfare Plans of Tax-Exempt and Governmental Employers (September 13, 2010)

46 2 47 403(b) Workshop: 403(b) Audits - the Accountant's Perspective Bob Lavenberg, CPA, JD, LL.M Partner, BDO USA, LLP Chair, AICPA 403(b) Audit Task Force Retirement, Deferred Compensation and Welfare Plans of Tax- Exempt and Governmental Employers Washington, D.C. September 13, 2010 1 FIELD ASSISTANCE BULLETIN ("FAB") 2009-02 Issued July 20, 2009 Provides guidance to DOL Field Offices Provides enforcement relief for Form 5500 filings Does NOT provide audit relief ERISA and regulations ...

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Fiduciary Obligations and Other Current Issues for 401(k), 403(b), and Other Defined Contribution Plans (48 pp) (relevancy score: 100%)

by Weiyen Jonas
from Retirement, Deferred Compensation, and Welfare Plans of Tax-Exempt and Governmental Employers (September 13, 2010)

­ New disclosure obligation for plan service providers­ Focuses on compensation received by a service provider for plan-related services and potential conflicts of interest ­ Clarifications from DOL requested 3 Overview (con't) · DOL's 3-pronged approach: Form 5500, Schedule C disclosure requirements Effective for 2009 plan year Plan sponsor fee disclosure rule Issued July 15, 2010 (with comment period) Effective July 16, 2011 Participant fee disclosure rule Expected to be issued in fall of ...

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ERISA 401(k) Excessive Fee Cases (10 pp) (relevancy score: 100%)

by Michael A. Laing, Esquire
from Retirement, Deferred Compensation, and Welfare Plans of Tax-Exempt and Governmental Employers (September 13, 2010)

As part of this arrangement, Deere agreed to limit the 401(k) plans' investment options to funds offered by Fidelity Research (another subsidiary of Fidelity Investments), and for which Fidelity Research served as investment advisor. In addition to the Fidelity Funds, the Deere 401(k) plans offered an investment alternative called "BrokerageLink," which allowed participants to invest in over 2,500 publicly available mutual funds from Fidelity and other mutual fund companies. The plan ...

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Church Plan Fiduciary Issues (16 pp) (relevancy score: 100%)

by G. Daniel Miller, Esquire
from Retirement, Deferred Compensation, and Welfare Plans of Tax-Exempt and Governmental Employers (September 13, 2010)

RE e m su N es ts; an ecisio o N en d p OC ries: ary far th Issu o estm n y v llar ex o ry in re f d categ re is b cia lan iscretio s. , n t fu fid : co e.g en n ry ce p rate b re lim o lan re ility ran ­ rp estm e p cia ad su su e su v co u o liab ro istratio p in ak b s). n d en an v fficien lan la an ro atin st fid liab ciary assist w f p u p reem P in ain ility ered n v t o e is su fid en ts.

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An Overview of Target Date Fund Developments (40 pp) (relevancy score: 100%)

by Richard A. Turner
from Retirement, Deferred Compensation, and Welfare Plans of Tax-Exempt and Governmental Employers (September 13, 2010)

Recognizing this, a number of companies offer "target date retirement funds," sometimes referred to as "target date funds" or "lifecycle funds." Target Date Retirement Fund Basics Target date funds, which are often mutual funds, hold a mix of stocks, bonds, and other investments. Often a target date fund invests in other mutual funds, and fees may be charged by both the target date fund and the other funds.

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Church Plan Update – 2010 (8 pp) (relevancy score: 100%)

by David W. Powell, Esquire G. Daniel Miller, Esquire
from Retirement, Deferred Compensation, and Welfare Plans of Tax-Exempt and Governmental Employers (September 13, 2010)

172 2 173 Church Plan Update-2010 ALI-ABA Retirement, Deferred Compensation and Welfare Plans of Tax-Exempt and Governmental Employers G. Daniel Miller, Conner & Winters LLP David W. Powell, Groom Law Group Washington, D.C. September 13, 2010 1 Church plans and the new 403(b) prototypes. Church plans under the 403(b) prototype Which church plans lend themselves to prototypes? Definition of church plan for 501(c)(3)s which are not churches and maintain single employer plan Ascending ...

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Selected Regulatory Developments: Governmental Plans, July 31, 2009 through July 30, 2010 (28 pp) (relevancy score: 100%)

by Terry A.M. Mumford, Esquire
from Retirement, Deferred Compensation, and Welfare Plans of Tax-Exempt and Governmental Employers (September 13, 2010)

The Treasury and the IRS plan to issue guidance relating to eligible combined plans under Code Sec. 414(x). IRS concluded that the Plan is an eligible deferred compensation plan as defined in Code Sec. 457(b) and the regulations. IRS concluded that the Plan constitutes an eligible deferred compensation plan as defined in Code Sec. 457(b), as amended under EGTRRA and subsequent statutes.

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The Next Chapter in Healthcare Reform: Patient Protection and Preventive Care Regulations (34 pp) (relevancy score: 100%)

by Greta E. Cowart
from Retirement, Deferred Compensation, and Welfare Plans of Tax-Exempt and Governmental Employers (September 13, 2010)

208 2 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 Document Outline The Next Chapter in Healthcare Reform: Patient Protection and Preventive Care Regulations 11. The Next Chapter in Healthcare Reform: Patient Protection and Preventive Care Regulations Study Material Exhibit A: Preventive Care Guidlines Effective for Plan Years Beginning on or after September 23, 2010

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The Basics of the Early Retiree Reinsurance Program (8 pp) (relevancy score: 100%)

by Greta E. Cowart
from Retirement, Deferred Compensation, and Welfare Plans of Tax-Exempt and Governmental Employers (September 13, 2010)

242 2 243 244 245 246 247 248 2 Document Outline The Basics of the Early Retiree Reinsurance Program 12. The Basics of the Early Retiree Reinsurance Program

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'To Grandfather or Not to Grandfather – What Does it Really Mean?” – Updated July 27, 2010 (46 pp) (relevancy score: 100%)

by Greta E. Cowart
from Retirement, Deferred Compensation, and Welfare Plans of Tax-Exempt and Governmental Employers (September 13, 2010)

250 2 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 2 Document Outline "To Grandfather or Not to Grandfather ? What Does it Really Mean?? ? Updated July 27, 2010 13. To Grandfather or Not to Grandfather ?

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Eligible and Ineligible 457 Plans (42 pp) (relevancy score: 100%)

by Michael A. Laing, Esquire
from Retirement, Deferred Compensation, and Welfare Plans of Tax-Exempt and Governmental Employers (September 13, 2010)

However, if the 401(k) plan was a rural cooperative plan (as defined in Section 401(k)(7) of the Code), salary reduction amounts deferred to such plan did not reduce the maximum deferral amount. In addition, amounts deferred under a TAMRA 88 grandfathered nonelective deferred compensation plan reduced the maximum deferral amount. See Section 6064(d)(3) of TAMRA 88. And, amounts deferred under a TRA 86 grandfathered deferred compensation plan reduced the maximum deferral amount.

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IRS Audits of Eligible and Ineligible 457 Plans (6 pp) (relevancy score: 100%)

by Michael A. Laing, Esquire
from Retirement, Deferred Compensation, and Welfare Plans of Tax-Exempt and Governmental Employers (September 13, 2010)

A plan that allows participants to apply an annual credit amount among a number of different types of non-taxable welfare benefits and deferred compensation plans, including 403(b) plan, 457(b) plan and 457(f) plan, with any remaining credit amount being credited under the 457(f) plan. In order to be an eligible governmental plan, the plan must provide that any excess deferral resulting from a failure of a plan to apply the maximum deferral limitations to amounts deferred under the eligible ...

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Correction of NQDCP Documentary Failures – Notice 2010-6 (10 pp) (relevancy score: 100%)

by Michael A. Laing, Esquire
from Retirement, Deferred Compensation, and Welfare Plans of Tax-Exempt and Governmental Employers (September 13, 2010)

Correction Of Certain Impermissible Payment Events And Payment Schedules A. Plans with Permissible and Impermissible Payment Events under 409A Plan provision that provides both for one or more permissible payment events under 409A, and one or more impermissible payment events under 409A, caused plan to violated 409A. B. Plans with Only Impermissible Payment Events under 409A Plan provides for payment only upon one or more impermissible payment events under 409A and does not include any ...

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ERISA Update: Recent Publications of the U.S. Department of Labor (44 pp) (relevancy score: 100%)

by Susan E. Rees, Esquire
from Retirement, Deferred Compensation, and Welfare Plans of Tax-Exempt and Governmental Employers (September 13, 2010)

7 362 Sample Notice ­ Delinquent Service Provider Disclosure [Date of Notice] Delinquent Service Provider Disclosure Coordinator, Office of Enforcement Employee Benefits Security Administration U.S. Department of Labor 200 Constitution Ave., N.W., Suite 600 Washington, DC 20210 Re: [Plan Name] [Sponsor EIN/Plan number] [Plan sponsor's name; address] Delinquent Service Provider Disclosure Coordinator: The employee benefit plan referred to above has entered into a contract or arrangement for ...

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Fact Patterns to be used as Examples (4 pp) (relevancy score: 100%)

by Pamela Baker
from 409A Corrections Workshop: Step-by-Step Demonstrations of Both Documentary and Operational Corrections (September 20, 2010)

2 ALI-ABA VIDEOCONFERENCE 409A WORKSHOP July 13, 2010 FACT PATTERNS TO BE USED AS EXAMPLES, TIME PERMITTING 1. EXAMPLE 1 A plan provides for a lump sum payment of non-qualified deferred compensation no later than 90 days following separation from service. The company's other plans include a 401(k) plan payable in a lump sum, a "make-up" plan linked to the 401(k) plan that pays in a lump sum; a tax-qualified defined benefit plan under which various forms of annuity are available, and a 415 ...

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Comparison of 409A Correction and Income Inclusion under Notice 2008-113 and Proposed Regulations (16 pp) (relevancy score: 100%)

by Pamela Baker
from 409A Corrections Workshop: Step-by-Step Demonstrations of Both Documentary and Operational Corrections (September 20, 2010)

n a a $ re $ e o te e c tu tre fo s cn c ra th re lu in a x tio n is e la 1 h p a % e 5 ta c o 10 lty th e lty . u s eh o re re re re m e ig m te te te te th h t a in in in in re n n ts m m m m o % e n iu iu iu iu P id 1 e a m te y m m m m m p a y re re re re ­ ra a p p p p re rpe p a t a d d lty A n 9 t a ire a 0 u ue uq n 4 , b n s e f th re tio o g c ltiea s in P e n n w e 6 0 0 0 A r S tio llo 6 5 8 8 t p 9 e la d n u fo ,4 ,6 ,9 ,9 4 1 1 1 0 n e lc e 3 a $ 4 u m s y th e a cs in - x rp ...

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Deloitte Washington Bulletin Issues addressing 409A Correction and Income Inclusion (36 pp) (relevancy score: 100%)

by
from 409A Corrections Workshop: Step-by-Step Demonstrations of Both Documentary and Operational Corrections (September 20, 2010)

Determination of the Additional 20% and Premium Interest Taxes The amount includible in income is the difference between the total amount deferred less the sum of the unvested amounts and amounts previously included in income. Additionally, if a service provider has included deferred amounts in income under §409A, but actually receives less than the amount included in income, the service provider may take a deduction equal to the amount included in income, less amounts allocated to a ...

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409A Failures: Correcting With and Without Notice 2008-113 (26 pp) (relevancy score: 100%)

by
from 409A Corrections Workshop: Step-by-Step Demonstrations of Both Documentary and Operational Corrections (September 20, 2010)

tax notes® 409A Failures: Correcting With and A. Acceleration Failures . . . . . . . . . . . . . . Forany failure correctible under the notice, tax and penalties (3) Are the IRS's threshold requirements for the generally apply only to the failure amount and not to the correction program satisfied? C. Prohibited Deferral Failures For option/SAR failures, correction under the notice is Prohibited deferral failures arise when compensation unavailable after the option or SAR has been exercised...

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