IMHO: Thanks Giving

Thanksgiving has been called a “uniquely American” holiday 

While that is perhaps something of an overstatement, it is unquestionably a special holiday, and one on which it seems a reflection on all we have to be thankful for is fitting.  

Here’s my list for 2009: 

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First off, I’m thankful that the financial markets have stepped back from the precipice we were surely standing at a year ago.  I’m thankful that the investment markets have recovered from the worst of the losses of 2008, even if we still have a long way to go.  I’m thankful that so many Americans seem to be concerned about the nation’s fiscal health—and hopeful that those concerns will resonate with those who make decisions that affect it. 

I’m thankful that relatively few employers felt the need (or took the opportunity) to cut matching contributions this year—and even more thankful to see so many of those who did cut the match restore it. 

I’m thankful that so many employers have remained committed to their defined benefit plans and—often despite media reporting to the contrary—continue to make serious, consistent efforts to meet funding requirements that are quite different than when most initially decided to offer these programs.  I’m thankful that a core group of lawmakers in Washington continues to be attentive to the very real challenges imposed by those rules, and continue to be proactive in responding to rational relief measures during this difficult economic period. 

I’m thankful that so many participants now seem to have a greater appreciation for the importance of prudent, diversified investing—and thankful, though it was a painful lesson for some, that the deep differences in philosophy that underlie target-date investments are being better communicated and understood.  I’m thankful that so many participants took it upon themselves to increase their contribution levels during the downturn, and that so few dipped into those retirement plan accounts to tide them through the rough patches. 

I’m thankful that plan sponsors will soon have access to more information about the expenses paid by their plans—and optimistic that it won’t be as bad as they fear.  I’m thankful that we’re no longer talking about whether fees should be disclosed to participants, but are now trying to figure out how to do it. 

I’m thankful for the intelligence, experience, and professionalism of the folks that regulate our industry—and who do so consistently, despite the occasional changes in “the guard.”  

I’m thankful to be part of a growing company in an important industry at a critical time.  I’m thankful to be able to, in some small way, make a difference on a daily basis.  

And, of course, I’m thankful that so many good and capable advisers were available to participants during the worst of the downturn. 

I’m thankful for the home I have found at PLANSPONSOR and then with PLANADVISER, and the warmth with which its loyal readers have embraced me, as well as the many who have “discovered” us during the past 10 years.  I’m thankful for all of you who have supported—and I hope benefited from—our various conferences, designation program, and communications throughout the year.  I’m thankful for the constant—and enthusiastic—support of our advertisers, even in a year that has been tough for so many.   

But most of all, I’m once again thankful for the unconditional love and patience of my family, the camaraderie of dear friends and colleagues, the opportunity to write and share these thoughts—and for the ongoing support and appreciation of readers like you. 

Thank you! 

IRS Issues Final Rule on Certain Notice Requirements

November 23, 2009 (PLANSPONSOR.com) - The Internal Revenue Service has issued a final rule (T.D. 9472) on the Employee Retirement Income Security Act Section 204(h) notice requirements for pension plan amendments that reduce benefits accrued before the plan amendments' applicable amendment dates.

The IRS notes that the elimination or reduction of an early retirement benefit or retirement-type subsidy is treated as having the effect of reducing the rate of future benefit accrual. Section 4980F(e)(3) provides that, except as provided in regulations, the notice must be provided within a “reasonable time” before the effective date of the plan amendment.

In its guidance, the agency said except as otherwise provided, section 204(h) notice must be provided at least 45 days before the effective date of any section 204(h) amendment (15 days for small plans and multiemployer plans). For certain amendments effective not later than December 31, 2008, section 204(h) notice does not fail to be timely if the notice is provided at least 30 days, rather than 45 days, before the date that the amendment is first effective.

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The guidance addresses amendments that may be required due to Pension Protection Act special funding rules for plans maintained by an employer that is a commercial passenger airline or the principal business of which is providing catering services to a commercial passenger airline, or rules limiting benefits and benefit accruals for single-employer plans with certain funding shortfalls, in general based on a plan’s adjusted funding target attainment percentage (AFTAP).

These include limits on unpredictable contingent event benefits (where the plan’s AFTAP is or would be below 60%), certain plan amendments which would increase liabilities of the plan by reason of an increase in benefits (where the plan’s AFTAP is or would be below 80%), and prohibited payments (where the plan’s AFTAP is below 60% or is at least 60% but below 80%, or during a period in which the plan sponsor is a debtor in a case under title 11 U.S.C. or similar federal or State law and the plan actuary has not certified that the plan’s AFTAP is at least 100% or the plan year), and a cessation of benefit accruals (where the plan’s AFTAP is below 60%).

The final rule is here.

The IRS also issued Announcement 2009-85, which said the agency will temporarily stop accepting on February 22, 2010, determination letter applications for defined benefit plans that are filed on Form 5307, Application for Determination for Adopters of Master or Prototype or Volume Submitter Plans, for the GUST laws. 

The reason for the program's temporary closing is the need for such pre-approved plans to be restated for more recent law changes, IRS said.

The announcement will be published in the Internal Revenue Bulletin 2009-51, dated December 21, 2009.

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