Pension & Benefits Reporter Index-Summary

FAIR LABOR STANDARDS ACT (FLSA)

– Overtime noncompliance, no ERISA remedy (M.D. Fla.), 1612

FAMILY AND MEDICAL LEAVE ACT (FMLA)

– Armed forces, OPM proposes rule for families of service members, 2002
– Communication between employers and employees, Labor Dep't rules address, 76
– Flight attendants

See LEGISLATION, FEDERAL, S 1422

– Notice to employer, Labor Dep't issues opinion letter, 1135

FAMILY LEAVE

– Best practices listed by EEOC, 1015
– DeLauro (D-Conn) and Kennedy (D-Mass) plan paid leave bill, 1229
– Expansion

See LEGISLATION, FEDERAL, HR 1723, HR 3047

– Family friendly policies subject of House hearing, 555
– Federal workers

See LEGISLATION, FEDERAL, HR 626

– Flexibility in workplace said to improve employee health, 1295
– FMLA

See FAMILY AND MEDICAL LEAVE ACT (FMLA)

– Social security, family leave should be added to program, report says, 1429

FASB

See FINANCIAL ACCOUNTING STANDARDS BOARD (FASB)

FBAR

See FOREIGN BANK AND FINANCIAL ACCOUNTS (FBAR)

FEDERAL EMPLOYEES

– Dental and vision benefits, OPM proposes amendments, 1371
– Domestic partners

– – Hearing held, 2382
– – Obama extends benefits, 1480
– – Proposal

See LEGISLATION, FEDERAL, HR 2517, S 1102

– – Regulations proposed by OPM, 2180

– Drug benefits, FEHBP criticized at House hearing, 1564
– Family leave

See LEGISLATION, FEDERAL, HR 626

– FEHBP

See FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM (FEHBP)

– Long Term Care Insurance Program, premium hike expected, 2394
– Meals and incidentals, GSA clarifies reimbursement rules, 951
– Military deployments, In Brief, 1604
– Overpayments, former worker erroneously placed in FERS may keep (Fed. Cir.), 514
– Part-time work

See LEGISLATION, FEDERAL, HR 1198, S 469

– Per diem update, In Brief, 1998
– Postal Service

– – Early retirement offered, 759
– – Funding requirements

– – – Carper (D-Del) drafting bill, 239
– – – Declining mail volume affecting retiree benefits, 769

– – Pre-funding

See LEGISLATION, FEDERAL, HR 22

– Premiums

– – Cost expect to rise in 2010, 2295
– – Long-term care, federal enrollees premium hike planned, 1147
– – Pre-tax dollars

See LEGISLATION, FEDERAL, HR 1203, S 491

– Rehires

See LEGISLATION, FEDERAL, S 1390

– Returning workers

See LEGISLATION, FEDERAL, HR 828, S 629

– Same-sex marriage, spousal protections and benefits sought (D. Mass.), 584
– Survivor annuity limits, OPM urged to publicize, 340
– Tobacco bill

See LEGISLATION, FEDERAL, HR 1265

– Unused sick leave

– – Credit

See LEGISLATION, FEDERAL, HR 958, HR 2990

– – CRS reports, 888
– – Defense funding

See LEGISLATION, FEDERAL, HR 2647

FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM (FEHBP)

– BCBS coverage denial, claim not preempted (U.S., rev grant), 2398
– Drug benefits, FEHBP criticized at House hearing, 1564

FEHBP

See FEDERAL EMPLOYEES HEALTH BENEFITS PROGRAM (FEHBP)

FIDUCIARY DUTY

– Accident benefits, equitable relief denied to widower for alleged fiduciary breach (S.D. Tex.), 2125
– Administration of retirement plans, improvement urged, 678
– Aloha Airlines pension plan settlement announced by Labor Dep't, 1464
– AT&T, fiduciary liability insurer not bound to defend firm for contract breach (N.J. Super. Ct.), 1870
– Austin Capital accused of lacking due diligence (E.D. Pa.), 1446
– Banc of America Securities accused of aiding and abetting fraud (2nd Cir.), 1455
– Bank of N.Y. Mellon commission-sharing claims settlement approved (S.D.N.Y.), 861
– Bankrupt firm, third party administrator liability limited by contract termination (6th Cir.), 2008
– Buffalo Labors accuse firms of facilitating Madoff fraud (S.D.N.Y.), 2355
– Cashed out worker has standing to allege fiduciary breach (W.D. Mo.), 362
– Casino plan trustee not liable for not protecting funding (10th Cir.), 1771
– Chicago law firm not fiduciary of D.C. firm (D.D.C.), 1716
– COBRA claims, liability policy not obligated to defend (5th Cir.), 365
– Collateralized debt obligations, investment challenged (N.D. Ill.), 1923
– Community action agencies diversion of contributions no breach (E.D.N.Y.), 1717
– Compliance seminar planned in La., In Brief, 171; Chicago seminar, In Brief, 1490; Atlanta seminar, In Brief, 1550
– ConEd did not mislead workers about payment options (S.D.N.Y.), 2008
– “Conflicted investment advice” subject of House hearing, 682
– Corporate assets, injunction bars use to legal pay fees (9th Cir.), 1825
– Corporate officer not fiduciary liable for failing to remit §401(k) contributions (2nd Cir.), 1920
– Country club, ex-worker's fiduciary breach claim dismissed (E.D. Mo.), 2309
– Credit Lyonnais accused of breach after oral representations (2d Cir.), 2303
– Defending denial of surviving spouse benefits, no breach (N.D. Ind.), 650
– Delphi retirees seek removal of execs as fiduciaries (E.D. Mich.), 1769
– Detroit city worker sues over bad pension investments (Mich. Cir. Ct.), 1154
– Duke Energy accused of miscalculating opening balances after plan conversion (D.S.C.), 861
– Ease in obtaining class certification discussed at conference, 748
– Employer stock

– – Avon offering stock no breach (S.D.N.Y.), 860
– – Backdating, UnitedHealth workers breach claims settled (D. Minn.), 1976
– – Bank of America

– – – Countrywide suit settled (C.D. Cal.), 1923
– – – Investment basis of suit (S.D.N.Y.), 792

– – BankAtlantic worker not adequate representative of investors (S.D. Fla.), 1835
– – Baxter execs not shown to have knowledge of subsidiary's fraud (N.D. Ill.), 2300
– – Bear Stearns accused of artificially inflating prices (S.D.N.Y.), 88
– – Boston Scientific accused of offering imprudent investment option (D. Mass.), 90
– – Citigroup, breach claims dismissed (S.D.N.Y.), 2054; dismissal criticized, 2303
– – CSC did not breach duty (C.D. Cal.), 1707
– – Defined contribution plans, cashed out worker has standing to challenge prudence of investments (9th Cir.), 1708
– – Fifth Third Bankcorp failure to divest stock no breach (S.D. Ohio), 568
– – Foamex plan fiduciaries sued over stock liquidation (E.D. Pa.), 2301
– – Foamex stock liquidation, participant alleges fiduciary breach, extension of automatic stay denied (E.D. Pa.), 1039
– – GE breach claims settled (N.D.N.Y.), 1923
– – Horizon sue over investment options (W.D. Tenn.), 2298
– – Huntington Bancshares, allowing investments by workers no ERISA breach (S.D. Ohio), 359
– – Level 3 Communications accused of breach (D. Colo.), 792
– – Macy's worker claims breach (S.D. Ohio), 1965
– – McGraw-Hill, artificially inflated pricing alleged (S.D.N.Y.), 1512
– – Medtronic worker who profited from inflated stock lacks standing (D. Minn.), 1310
– – Merck employees class action over alleged artificially inflated stock certified (D.N.J.), 361; suit may proceed, 2060
– – Moneygram, cashed-out workers have standing sue for losses (D. Minn.), 774
– – Motorola stock losses, no breach (N.D. Ill.), 1506
– – NovaStar improper mortgage practices, class action certified (W.D. Mo.), 908
– – Owens Corning workers breach claim time-barred (N.D. Ohio), 16
– – Pfizer worker breach claims may proceed (S.D.N.Y.), 779
– – Pilgrim's Pride workers allege breach (E.D. Tex.), 140
– – Radian retention of stock during involvement in subprime mortgage crisis no breach (E.D. Pa.), 1767
– – Schering-Plough fiduciary breach suit over hidden Vytorin results dismissed (D.N.J.), 2061
– – Smurfit-Stone employees claim breach (N.D. Ill.), 1310
– – State Street

See INVESTMENTS

– – SunTrust worker alleges breach (N.D. Ga.), 1442; suit consolidated, 2066
– – Telltab did not breach duty (N.D. Ill.), 1375
– – Textron execs accused of breach (D.R.I.), 2012
– – Unisys mislead retirees (3rd Cir.), 2055
– – W.R. Grace, sale of stock no breach (1st Cir.), 244

– ERISA

– – Anheuser-Busch accused of using risky QDIA (M.D. Fla.), 1608
– – Avoiding enforcement actions, advice offered at conference, 1258
– – Central Pacific branch accounts not governed by ERISA (E.D. Cal.), 2071
– – Consolidated Edison accused of improperly reducing retiree benefits (S.D.N.Y.), 256
– – Credited years incorrectly estimated, no breach (E.D.N.Y.), 1091
– – Current Development Corp. plan trustee undervaluing property was breach (7th Cir.), 566
– – Dallas Morning News not plan administrator, did not breach duties (N.D. Tex.), 873
– – Employer stock

See Employer stock, this heading

– – Failure to disclose revenue sharing no fiduciary breach (7th Cir.), 357; Analysis & Perspective, 589; rehearing sought, 700; criticized by Labor Dep't official, 906; rehearing denied, 1567
– – Fearless Ferris ex-workers fiduciary breach claim over maintenance of plan not barred by ERISA (D. Idaho), 650
– – Foreign partnership interests, Analysis & Perspective, 1875
– – HSBC rehired retiree denied enhanced benefits (E.D. Mich.), 2402
– – Indemnification agreement, ESOP successor trustee cannot avoid liability for fiduciary breach (N.D. Cal.), 2007
– – Investment losses, Analysis & Perspective, 516
– – Lost investments, trustee shielded from liability (N.D. Ohio), 1920
– – Meridian Capital sued over Madoff investments (S.D. Tex.), 1088
– – Merrill Lynch

– – – Ex-execs allege breach for failure to ensure that plan complied with top-hat requirements (D. Conn.), 973
– – – Risky investments, fiduciary breach claimed (M.D.N.C.), 2305

– – Penn Traffic, plan participant's denied individual remedy for breach (2nd Cir.), 867
– – Prototype plans, Pa. law firm accused of ERISA violation (E.D. Pa.), 2067
– – Qwest retiree life insurance changes, no breach (D. Colo.), 2006
– – Regions Bank sued over collateralize debt obligations (M.D. Ala.), 1973
– – Rule 23(b)(1), Analysis & Perspective, 2024
– – Unpaid contributions, plan provision relieving trustee of obligation violates ERISA (D. Mass.), 773
– – Widow has standing to sue over husband's request for distribution (D. Md.), 2255
– – Windstream Communications did not breach duty with amendments that blocked 4 workers from full early retirement benefits (D. Neb.), 974

– ESOPs

See EMPLOYEE STOCK OWNERSHIP PLANS (ESOPs)

– Failed firm, loan was breach (9th Cir.), 1383
– “Feeder funds,” Beacon sued over alleged fraudulent investment schemes (S.D.N.Y.), 1236
– Fees for plan service providers

– – Ease in obtaining class certification discussed at conference, 748
– – Expanded responsibilities reviewed at BNA audioconference, 2374
– – First Third Bancorp workers claim time-barred (S.D. Ohio), 2351
– – Honda workers' suit dismissed (S.D. Ohio), 2397
– – Intl. Paper workers denied jury trial (S.D. Ill.), 311
– – Lockheed Martin workers' breach claim may proceed (S.D. Ill.), 850; class certified, 905
– – Wal-Mart, breach claims against dismissed, appealed (8th Cir.), 967

– Flooring firm workers claim of ESOP mismanagement and self-dealing dismissed (E.D. Mo.), 1316
– Foot Locker worker's challenge to conversion to cash balance plan may proceed (S.D.N.Y.), 2200
– §401(k) plan, asset freeze, breach alleged, class certification denied (M.D La.), 1516
– GM

See AUTOMOBILE INDUSTRY

– Gopher News drivers accuse pension fund of breach (D. Minn.), 315
– Hardware chain, TPA not “functional fiduciary” liable for claim processing errors (D. Mass.), 2401
– Hedge funds, reporting on offshore funds, confusion found, 1538
– Independent Bank not fiduciary, using plan assets to pay off IRS levy no breach (E.D. Mich.), 1718
– Investment advisers

See INVESTMENT ADVISERS

– J.P. Morgan

– – Misleading workers about effect of plan conversion, fiduciary breach claim may proceed (S.D.N.Y.), 1917
– – Securities lending program, firm accused of breaching duty to investors (S.D.N.Y.), 254; suits consolidated, 1153

– LDS Contractors owner liable for not telling pension plan of unpaid contributions (E.D. Mich.), 318
– Lending, fiduciaries warned of potential liability, 1307
– Liability insurers anti-assignment clause does not bar post-loss assignment of claims to ESOP (9th Cir.), 780
– Life insurance, widow alleges misleading information about conversion rights (E.D. Mo.), 917
– Lump-sum distributions, ex-worker sues over misinformation (N.D. Ind.), 1238
– Madoff scandal

See INVESTMENTS

– Marks Construction assets, bank accused of improperly liquidating (N.D. W.Va.), 250
– MetLife misstatement about premium payment, no breach (7th Cir.), 1966
– Missed §401(k) contributions, consulting firm owner liable (N.D. Ill.), 141
– Multiemployer benefit fund trustees sue over Madoff-related investments (W.D.N.Y.), 909
– Mutual funds

See MUTUAL FUNDS

– Northern Trust securities lending

– – Ill., ExxonMobil worker sues (N.D. Ill.), 1513
– – Lockheed Martin fiduciaries sue (D. Md.), 1569
– – S.D., ExxonMobil worker alleges breach (S.D. Ill.), 856

– Premiums contributions not forwarded, firm breached duty (S.D. W.Va.), 85
– Profit-driven techniques to deny disability benefits, claim may not proceed as class action (6th Cir.), 137
– “Red flags,” fiduciaries urged to recognize and red flag, 676
– Rock Island breached duties by promising benefits to former worker (N.D. Ill.), 2120
– SEIU accuses former officers of using resources to start rival union (N.D. Cal.), 1514
– Seminar planned, In Brief, 296
– Shareholder activism by union pension funds, Chamber of Commerce calls on Labor Dep't to stop, 1350
– State Street

See INVESTMENTS

– Stock drop claims

– – AIG suits consolidated (S.D.N.Y.), 789
– – American Electric Power, ex-worker may intervene (S.D. Ohio), 654
– – Amex accused of breach (S.D.N.Y.), 84
– – Avon, dismissal recommended (S.D.N.Y.), 569
– – Bank of America target of class action (S.D.N.Y.), 308
– – Colonial Bank worker files class action suit (M.D. Ala.), 2064
– – First American suit, class certification denied (C.D. Cal.), 1511
– – Harley-Davidson, suit dismissed (E.D. Wis.), 2398
– – Healthways attempt to dismiss denied (M.D. Tenn.), 257
– – Humana suit dismissed (W.D. Ky.), 2299
– – Impac Mortgage suit may proceed (C.D. Cal.), 854; settlement approved, 2208
– – Merck workers claim may proceed (D.N.J.), 778
– – Nortel, certification recommend (M.D. Tenn.), 2118
– – Textron target of class action (D.R.I.), 2066
– – Tyco fiduciaries not shielded by ERISA (D.N.H.), 907; Tyco settles (D.N.H.), 1922; preliminary approval, 2065

– Stockton employers accused of incorrectly estimated credited years of service (E.D.N.Y.), 2358
– Subprime mortgage-backed securities, investments called breach (D. Minn.), 253
– Teamsters

– – Bakery drivers fund, union breached duty to (C.D. Cal.), 142
– – Disclosure of attorney documents ordered (E.D. Mich.), 1385

– Tom's Foods junk bonds, PBGC intervenes in breach claim (M.D. Ga.), 1463
– ULLICO plan administrative panel not shield by settler doctrine, may be liable for unauthorized amending of plan (D.D.C.), 869
– Underfunded health plan, retiree's breach suit may proceed (D. Conn.), 81
– United Technologies selection of mutual funds no breach (D. Conn.), 565; affirmation sought (2nd Cir.), 1866
– U.S. Sugar ESOP, fiduciary breach claims dismissed (S.D. Fla.), 1087
– Wachovia fund merger form letter did not create fiduciary status (E.D. Pa.), 1660
– Wells Fargo accused of breach by investing in mutual funds managed by affiliates (D. Minn.), 639
– Widow may nullify benefit waiver if breach shown (D.N.J.), 789
– Workshop planned, In Brief, 891
– Zenith Capital sued over hedge fund investments (N.D. Cal.), 1244

FINANCIAL ACCOUNTING STANDARDS BOARD (FASB)

– Ed. Note: This heading covers FASB administration. For information on FASB accounting policies and rulings, see ACCOUNTING.

FINANCIAL INDUSTRY STABILIZATION

– Automobile industry

– – Bailout by government debated at conference, 538
– – GM in talks with union over “no strike” rules, 53

– Bank CEOs defend bailout money use, 223
– Baucus (D-Mont) offers tax incentives, 160; announces stimulus plan with more Medicaid and Medicare, health IT funding, 175
– Biden says economy cannot be fixed with health reform, 546
– Center on Budget and Policy Priorities report, 292
– COBRA

See LEGISLATION, FEDERAL, HR 598

– Consolidation of institutions raises ERISA issues, 2087
– Democrats economic stimulus package pushes health care IT, preventive care, comparative effectiveness, 122
– EU, policies on bonuses and severance under scrutiny, 1068
– Executive compensation

– – Fannie Mae and Freddie Mac bonuses defended, 824
– – Federal restrictions on pay reviewed by practitioners, 535
– – Financial services firms reforming compensation structures, 824
– – “Passive private investors,” Treasury will not apply compensation limits, 742
– – TARP

See TARP, this heading

– – Towns (D-NY) probes reports that Treasury may be avoiding executive pay limits, 888
– – White House to include pay limits, 1407

– §401(k) plans, drop in balances reported, 530
– Funding deficit blamed on financial crisis, 49
– Geithner plan, In Brief, 346
– Global pension reforms urged in OECD report, 1543
– Health care reform

See HEALTH CARE REFORM, FEDERAL

– Health information technology

See LEGISLATION, FEDERAL, HR 1, HR 598, S 1

– Japan, defined contribution plans assets depleted by global financial crisis, 345
– Kennedy (D-RI) supports health IT funding, 235
– Making Work Pay tax credit put unintended tax on pensions, 828
– Medicaid funding

See LEGISLATION, FEDERAL, HR 1, S 1

– Modest adjustments reported for pension managers, 2038
– Rural hospitals may not meet HIT timeline, 963
– Scaling back of employee benefits reported, 751; greater emphasis placed on benefits by workers, 757
– Severance benefits, pre-bailout packages surveyed, 332
– TARP

– – Auditors criticize Treasury, 823
– – Conflicts of interest, Treasury issues rule, 160
– – Executive compensation

– – – Dodd (D-Conn) wants Treasury to seize bonuses, 223
– – – Guidance issued by Treasury, 160; additional rules, 161; criticized, 278; bankers seek more guidance, 386; guidance expected from Treasury, 614
– – – Limits

See LEGISLATION, FEDERAL, HR 1586, HR 1664, S 651

– – – Lobbying against bonuses draws calls for TARP IG probe, 945
– – – Merrill Lynch, TARP IG coordinating with N.Y. Atty. Gen., 464
– – – Proposed compensation plans, Treasury receives from firms, 1948
– – – “Senior executive officers,” clarification sought, 386
– – – Special IG at Treasury for TARP outlines plans, 159; senior execs to certify data, 213
– – – Tighter restrictions approved by Senate, 277
– – – White House and Congress approaching agreement on TARP changes, 116; White House outlines pay limits, 279

– – Frank (D-Mass) bill, 113
– – H-1B visa holders, Sanders (I-Vt) offers amendment to block hiring by TARP recipients, 277
– – Legislation

See LEGISLATION, FEDERAL, HR 384

– – Proxies under TARP, SEC plans open meeting, 1545
– – Towns (D-NY) to continue bailout scrutiny, 112

– Tax-exempts may come under federal scrutiny, 339
– Use of pensions to stabilize economy opposed by OECD, 1018

FINLAND

– Budget, tax cut for pensioners unlikely, 1853
– Minimum pension age increase at issue, 622
– Overhaul needed to fill future pension funding gap, 228
– Social insurance, employer contributions to end, 293

FIREFIGHTERS

– Colo. fire and police pensions, state contribution suspended, 1016
– Waterbury, Conn., benefits cuts no due process violation (D. Conn.), 652

FLEXIBLE SPENDING ACCOUNTS (FSAs)

– Baucus (D-Mont) proposes limiting or ending, 1278; Senate panel may eliminate, 1279
– Limits

See LEGISLATION, FEDERAL, HR 3200

FLORIDA

– Ft. Lauderdale police early retirement plan no ADEA violation (S.D. Fla.), 14
– Life instance, retroactively of COLI provision at issue (11th Cir.), 2404
– Terror-free investment bill signed, 1352

FLSA

See FAIR LABOR STANDARDS ACT (FLSA)

FMLA

See FAMILY AND MEDICAL LEAVE ACT (FMLA)

FOREIGN BANK AND FINANCIAL ACCOUNTS (FBAR)

– Filing deadline, IRS extends, 1896
– Forms, 1538
– Guidance planned by IRS, 1802
– Reporting limits sought, 2322

FOREIGN PLANS

See INTERNATIONAL DEVELOPMENTS; specific countries

FORMS

– 10, Post-Event Notice of Reportable Events, 281
– 23, Application for Enrollment to Practice Before the Internal Revenue Service, In Brief, 1904
– 23-EP, Application for Enrollment to Practice Before the Internal Revenue Service as an Enrolled Retirement Plan Agent (ERPA), In Brief, 1904
– 720, Quarterly Federal Excise Tax Return, In Brief, 1019
– 940, Employer's Annual Federal Unemployment Tax Return, 1749
– 940-PR, Employer's Annual Federal Unemployment Tax Return (Puerto Rico), 1749
– 941, Employer's Quarterly Tax Return, 892
– 990, Return of Organization Exempt from Income Tax, final form released by IRS, 7
– 1041-T, Allocation of Estimated Tax Payments to Beneficiaries, 1749
– 1099-R, Distributions from Pensions, Annuities, Retirement, or Profit-sharing plans, IRAs, Insurance Contracts, 745
– 4461, Application for Approval of Master or Prototype Defined Contribution Plan, 347; review sought, 1550
– 4461-A, Application for Approval of Master Prototype or Volume Submitter Defined Benefit Plan, In Brief, 182; review sought, 1550
– 4461-B, Application for Approval of Master or Prototype Plan, Mass Submitter Adopting Sponsor, 347; review sought, 1550
– 5304-SIMPLE, Savings Incentive Match Plan for Employees of Small Employers —Not for Use With a Designated Financial Institution, 1749; review requested, In Brief, 2428
– 5305-SIMPLE, Savings Incentive Match Plan for Employees of Small Employers—for Use With a Designated Financial Institution, 1749; review requested, In Brief, 2428
– 5310, Application for Determination for Terminating Plan, In Brief, 689
– 5310-A, Notice of Plan Merger or Consolidation, Spinoff, or Transfer of Plan Assets or Liabilities, Notice of Qualified Separate Lines of Business, 402; review sought, In Brief, 1271
– 5498-ESA, Coverdell ESA Contribution Information, In Brief, 1550
– 5500, Annual plan return

– – Electronic filing

– – – Encouraged by Labor official, 1992
– – – System should be running by 2010, 2223
– – – Webcast, In Brief, 347

– – Good faith transition relief offered by Labor Dep't, 1737; applicable beyond 2009, 1793; IRS relief sought, 1793; auditors comment, 1945
– – Independent auditors report, guidance expected from Labor Dep't, 1478
– – Schedule C

– – – Delay urged, 753
– – – Good faith compliance effort expected from Labor Dep't, 2224
– – – Guidance expected from Labor Dep't, 2325; released, 2413

– 5500-EZ, Annual Return of One-Participant (Owners and Their Spouses) Retirement Plan, In Brief, 1904
– 5884-A, Credits for Affected Midwestern Disaster Area Employees, 1550
– 6088, Benefits From Employee Pension Benefit Plans, In Brief, 689
– 8508, Request for Waiver From Filing Information Returns Electronically, In Brief, 1132
– 8554-EP, Application for Renewal of Enrollment to Practice Before the IRS as an Enrolled Plan Agent, 2276
– 8655, Reporting Agent Authorization, 892
– 8854, Expatriation Information Statement, 1113; available online, 1212; comments sought, 2276
– 8881, Credit for Small Employer Pension Plan Startup Costs, In Brief, 623; review sought, 1550
– 8905, Certification of Intent to Adopt a Pre-approved Plan, In Brief, 1418
– 9117, Excise Tax Program Order Blank for Forms and Publications, 2276
– 14035, IRS survey on governmental plans initiative, 466
– COBRA subsidy, In Brief, 1374
– Health coverage tax credit reimbursement request form, 2276
– LM-2, union financial statements, final revisions issued by Labor Dep't, 164; comments sought, 285; effective date delayed, 393; rescinding proposed, 1005; comments received, 2039
– TD F 90-22.1, Report of Foreign Bank and Financial Accounts (FBAR), 1538
– W-2, COBRA payment reporting not required, 699
– W-8CE, Notice of Expatriation and Waiver of Treaty Benefits, 1113

401(k) PLANS

– Abolition unlikely, reform predicted, 748
– Annuity option, Labor Dep't to request information, 2170
– Automatic enrollment

– – Direct-deposit payroll IRA proposal reviewed by Treasury official, 1482
– – Expansion may ease or partially correct plan limitations, 461
– – Final rules issued by IRS, 449
– – Guide, In Brief, 121
– – Survey of firms released, 2224
– – Trend escalating, report finds, 1349

– Bankruptcy, §401(k) loan payments not secured debt for purpose of calculating disposable income (9th Cir.), 1380
– Benchmarking of target funds, thorough inquiry in panel's individual views and needs urged, 758
– Business hardship and employer contribution examined at IRS hearing, 2222
– Corporate officer not fiduciary liable for failing to remit §401(k) contributions (2nd Cir.), 1920
– Delay of retirement needed for participants over 50, consultants say, 1007
– Documenting investment procedures would help avoid litigation, 646
– Electrical contractors convicted of embezzling from §401(k) plan (W.D. Wash.), 2453
– ERISA, failure to disclose revenue sharing no fiduciary breach (7th Cir.), 357; Analysis & Perspective, 589; rehearing sought, 700; criticized by Labor Dep't official, 906; rehearing denied, 1567
– Estate accuses trustee of wrongfully distributing assets after instructed to close account (D. Colo.), 1975
– Fees

– – Assets significant driver of fees, survey finds, 947
– – Defended by service provider group, 1260
– – Disclosure

– – – Amended bill

See LEGISLATION, FEDERAL, HR 2989

– – – CRS report updated, 388
– – – Emphasis characterized as misplaced, 1201
– – – Miller (D-Cal) plans bill, 947; introduced, see LEGISLATION, FEDERAL, HR 1984, 1001

– Financial crisis

– – Declining balances, workers urged to continue contributions, 531
– – Drop in balances reported, 530
– – Matches, firms pulling back, Analysis & Perspective, 1100; some firms to restore cuts, 1897
– – Most plans unchanged by crisis, 677
– – Recession causes firms to revise contributions, report finds, 1485

– Freezing assets, fiduciary breach alleged, class certification denied (M.D La.), 1516
– Hardship rules, GAO urges changes, 2267
– Hardship withdrawals, IRS issues video, 1948
– Home care firm alleged mismanagement (M.D. Fla.), In Brief, 2210
– J.P. Morgan accused of negligence (N.D. Cal.), 1160
– Miller (D-Cal) seeks improvements, 457
– Minorities have lower participation rates, study finds, 1638
– Need to stick to long-term investments, sponsor urged to encourage, 459
– Non-elective safe harbors, guidance expected from IRS, 1012
– Privacy, Red Flags Rule does not apply where sole basis of application is plan's permitting participants to take loans from own accounts, 1631
– Relief for employers, IRS reviews requests, 2268
– Saving incentives issued by Treasury, 2081
– Simplified mandatory plan proposed by SPARK Institute, 1129
– Suspending matching payments would save millions, but reduce worker savings, 946
– Target date funds

– – Demographic factors listed, 1256
– – Examination by EBSA planned, 887
– – Hearing planned, In Brief, 1212; joint hearing planned, 1259; risk discussed, 1477
– – Option offered by most plans in 2007, 619
– – Trends outlined in report, 1349

– Trends

– – Financial crisis

See Financial crisis, this heading

– – Growth and improvements reported, 1009
– – Minimal transfer activity during market volatility reported, 291
– – Outlook 2009, 21
– – Primary retirement vehicle for many, report finds, 333
– – Target date funds

See Target date funds, this heading

– Work plan issued by IRS for 2009, 344

403(b) PLANS

– Benchmarks, new data issued, 56
– Certification program planned by pension professionals, 395
– Enforcement

See ENFORCEMENT POLICY

– ERISA

– – Compliance with ERISA discussed at conference, 2171
– – School district plan exempt from ERISA, 2058

– Hardship withdrawals, IRS issues video, 1948
– Streamlining compliance, sponsors urged to adopt new information systems standards, 1849
– Teachers allege NEA improperly paid undisclosed commission for annuity insurers (9th Cir.), 2114
– Termination of plans, near-term guidance unlikely, 1632
– Vesting schedules considered by IRS, 1633

FRAUD

See also CRIMINAL PROSECUTION
– AIG, Ohio fraud claims against settled (S.D.N.Y.), 583
– Anti-fraud legislation

See LEGISLATION, FEDERAL, S 975

– Backdating of option grants

See STOCK OPTIONS

– Boilermaker apprenticeship program, firing over falsified work reports upheld (D. Mass.), 504
– Concealed compensation, USI Consulting Group settles with Conn. Atty. Gen., 584
– Electrical contractors convicted of embezzling from §401(k) plan (W.D. Wash.), 2453
– Enrolled retirement plan agents standards of conduct reviewed, 2043
– Fake union, Cal. agency shuts down health coverage scheme, 1654
– Falsified foreign currency exchange prices, State Street Bank defrauded Cal. public pension funds, 2452
– Health insurance deceptive practices, Senate panel reports, 1562
– Identity theft, “red flags” issued by FTC could apply to benefit plans, 456
– N.Y. limited benefits plans under Ins. Dep't scrutiny, 1914
– Ponzi scheme losses, claims time-barred (4th Cir.), 501
– Tougher tactics being used by prosecutors, 554

FRINGE BENEFITS

– Cell phones, IRS seeks comments, 1414; lawmakers and business applaud IRS statement, 1474; enforcement opposed, 1994
– Corporate aircraft

See TRANSPORTATION EXPENSES

– Employer's Tax Guide to Fringe Benefits, In Brief, 8
– Furloughs due to economy may affect benefits, Analysis & Perspective, 1392
– Inflation, IRS issues revenue procedure on effects, 2369
– IRS rules, In Brief, 1271
– Legal service plans

See LEGISLATION, FEDERAL, HR 1423, S 825

– Review of rules, In Brief, 2047
– Transportation expenses

See TRANSPORTATION EXPENSES

– Vacation leave carryover, Nationwide revises, 1014
– Voluntary benefits, trends surveyed, 2376

FSAs

See FLEXIBLE SPENDING ACCOUNTS (FSAs)

FUNDING

– Defined benefit plans

See DEFINED BENEFIT PLANS

– Excess funding raises sponsors' concerns, 1801
– Financial crisis

– – Deficit blamed on financial crisis, 49
– – Equity market decline creates challenge for defined benefit plans, 531
– – Federal relief may be needed, 750; quick action urged, 1800
– – Gains wiped out, 757
– – Grim reality predicted for employers under new pension law, 215
– – Relief sought by ERISA Industry Comm., 170

– §401(k) plans

See 401(k) PLANS

– Further funding relief not predicted in 2009, 829
– House hearing, In Brief, 2233
– Increase reported for funding index, 1203
– Largest firms, funding levels estimated, 1206
– Lower limits on employer contributions possible, 1991
– Millman funding down, In Brief, 1903
– Multiemployer plans

See MULTIEMPLOYER PLANS

– Pomeroy (D-ND) drafts relief bill, 1991
– Practitioners comment on IRS rules, 2371
– Public plans, actuarial funding ratios surveyed, 2415
– Reportable events, In Brief, 65
– Single-employer funding, IRS issues final rule, 2321; discussed at conference, 2370; actuaries respond, 2415
– Spot interest rates permitted by IRS, 828
– Trends

– – Index drops, In Brief, 2429

– Western Union reaches agreement with PBGC, 1946
– Worker, Retiree, and Employer Recovery Act, Treasury officials comment on possible guidance, 219