PLANSPONSOR Weekend Newsdash
Week ending January 27th, 2017
Hello, PLANSPONSOR Weekend readers. Of course, the big news from PLANSPONSOR this week is that we have announced finalists for our 2017 Plan Sponsor of the Year awards. We also spoke with the “father of the 401(k)”, who had expressed regret about what the 401(k) has become in a Wall Street Journal article, about ways to improve American’s retirement readiness. In other news, the ERISA Advisory Council issued a framework to help plan sponsors address cybersecurity; a court issued a “non-decision” in a wellness program case brought by the Equal Employment Opportunity Commission (EEOC) and an attorney weighs in on what this means for employers; and our panel of experts explains what Form 5500 filings are needed when a plan sponsor changes plan year. Have a great weekend!
Editor's choice
2017 Plan Sponsor of the Year Finalists
PLANSPONSOR is pleased to announce 2017 Plan Sponsor of the Year finalists in nine categories. Read more >
Report Offers Framework for Plan Sponsors to Address Cybersecurity
A 2016 ERISA Advisory Council report includes an appendix titled “Employee Benefit Plans:  Considerations for Navigating Cybersecurity Risks.” Read more >
ERISA Advisory Council Backs Auto-Portability Initiatives
The Council recommended that the DOL issue an RFI to explore how it can encourage and support the adoption of a system to facilitate acceptance and expedite processing of eligible rollovers into retirement plans covered by ERISA. Read more >
Court Refuses to Decide Statutory Issues in EEOC Wellness Program Case
An appellate court said neither party in the case has a serious stake in its outcome anymore, so the statutory issues should be decided by a court in a case where the answers matter to the parties. Russell Chapman, special counsel in the Employee Benefits practice at labor and employment law firm Littler Mendelson, weighs in on what the ruling means for employers. Read more >
Ask the Experts: (b)lines
Form 5500 Filings With Change in Plan Year
“We used to operate our Employee Retirement Income Security Act (ERISA) 403(b) plan on a fiscal year basis, so we would file our 5500s for a 7/1-6/30 plan year (which is our fiscal year). However, on the advice of counsel, we are converting the plan year to a calendar year, effective 1/1/2017. Thus, I realize our 5500 filing for 2017 will be for the 1/1-12/31/2017 time period, and that will not be due until 7/31/2018, unless extended. However what about the 2016 filing?” Read more >
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Adidas Sued Over Excessive Fees for 401(k) Participants

Plaintiffs in the lawsuit argue that passive funds would have resulted in better returns net of fees that the actively managed funds offered in the plan.

(b)lines Ask the Experts – Proper Delivery Method for SPDs
Experts from Groom Law Group and Cammack Retirement Group answer questions concerning 403(b) plans and regulations.
Yale Sued Over Wellness Program ‘Penalty’

The lawsuit says the so-called “incentive” Yale offers for participating in the wellness program are in fact a “penalty” that violates non-participants’ right, and it notes that the Equal Employment Opportunity Commission (EEOC) withdrew the incentive portions of its wellness program rules.

Employees in Two States Miss Out on One HSA Benefit
Is this impacting health savings account (HSA) participation?
Some Help for Women’s Retirement Savings Gap May Be Coming

Some legislative proposals, such as the SECURE Act, may address challenges to retirement income adequacy women face, but there are also things retirement plan sponsors can do.

Editorial: Alison Cooke Mintzer

Advertising: Paul Zampitella

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