(b)lines Ask the Experts – Record Retention for Governmental 403(b) Plans

“It is my understanding that retirement plans under the Employee Retirement Income Security Act (ERISA) are required to keep documents necessary to determine benefits as long as needed for benefit determination.

“I am working on a case involving denial of retirement service credits with Washington State Department of Retirement Systems (DRS). They seem to believe they cannot correct an error without timesheets. If that is the case, wouldn’t ERISA require them to have maintained those records? Is so, can you provide me with the regulation and or supportive case law?”

 

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Stacey Bradford, with Groom Law Group, answers:

Your understanding regarding ERISA’s record retention policy for documents necessary to determine benefits is correct. Unfortunately, ERISA does not apply to governmental retirement plans. 

Instead, you likely need to look to the applicable plan documents, Washington’s state constitution, statutes, and case law, as well as common law regarding fiduciary standards. You can also analogize to ERISA and applicable case law. Audit requirements might also be useful. For example, the Washington State DRS website includes a FAQ for employers advising which records must be available for an audit.  Although record retention periods are not mentioned for every type of record, payroll and personnel files (including employee classification and payroll schedules) for individuals who have retired in the last four years (current year and prior three years) must be maintained.

 

NOTE: This feature is to provide general information only, does not constitute legal advice, and cannot be used or substituted for legal or tax advice.

 

Do YOU have a question for the Experts? If so, we would love to hear from you! Simply forward your question to Rebecca.Moore@strategic-i.com with Subject: Ask the Experts, and the Experts will do their best to answer your question in a future Ask the Experts column.

TRIVIAL PURSUITS: What Is Normal Body Temperature for Humans?

The standard for normal human body temperature is 98.6 degrees Fahrenheit.

Is 98.6 degrees Fahrenheit (F) actually the normal for most people?

 

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According to WebMD, not everyone’s “normal” body temperature is the same. A German doctor in the 19th century set the standard at 98.6 F, but more recent studies say the baseline for most people is closer to 98.2 F.

 

For a typical adult, body temperature can be anywhere from 97 F to 99 F. Babies and children have a little higher range: 97.9 F to 100.4 F.

 

Body temperature doesn’t stay same all day, and it will vary throughout a lifetime, too. Some things that cause a person’s temperature to move around during the day include:

  • How active he/she is;
  • What time of day it is;
  • Age;
  • Gender;
  • What a person has eaten or had to drink; and
  • Other considerations for women.
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