PPA Fills Calendar with Deadlines

September 8, 2006 (PLANSPONSOR.com) - Plan sponsors would do well to get out their 2007 calendars and make sure they have properly noted the handful of key deadlines looming next year set by the Pension Protection Act (PPA).

The recently passed sweeping pension reform bill, signed into law by President Bush last month, included a variety of deadlines for making plan changes, permitting certain plan services, or making certain legal protections available (See  What’s Inside the Pension Protection Act ).

For defined contribution plans, as of 2007:

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  • A DC plan that holds publicly traded company stock has to permit participants to “diversify” the employer’s contributions after three years of service.
  • Advice to participants about their investments will be allowed based on approved advice models where the service is driven by a flat fee (See  Pension Protection Act Opens New Door to Advice ).
  • Plan sponsors can have 404(c) protection for their default investments   where notice and default fund requirements are met. The law required the US Department of Labor (DoL) to issue regulations “on the appropriateness of designating default investments that include a mix of asset classes consistent with capital preservation or long-term capital appreciation, or a blend of both.”
  • Vesting requirements will have to be in a three-year cliff or six-year graded model where vesting applies to employer contributions.
  • New benefit statements will be required for all plans.
  • DC plans that require investment in company stock have to give participants a notice of their diversification rights as well as educational material about the importance of diversification.

Plan sponsors should also be actively planning for the PPA’s 2008 issues, including:

  • the fundamental changes to the Employee Retirement Income Security Act (ERISA) DB funding requirements,
  • evaluating the impact of PPA changes on any cash balance plan,
  • studying the viability for their company for the new 401(k) automatic enrollment safe harbor (See  Pension Reform Influences Automatic Enrollment Designs ), and
  • reviewing 2008 disclosure requirements, particularly the new DB funding notice.

More information is here.

Fourth Trustee of SDCERS Resigns

July 21, 2005 (PLANSPONSOR.com) - Thomas Page, a trustee for the San Diego City Employees' Retirement System has resigned, citing personal reasons "exacerbated by the unsupportive political/legal environment" surrounding the city's pension system scandals.

Page is the fourth trustee to resign on the basis of a hostile legal environment, according to a news report.   Some have also accused city attorney Michael Aguirre of making personal legal threats against them.   A California judge denied the pension board’s request for a restraining order against Aguirre (See  CA Judge Refuses San Diego Pension Board Restraining Order Request ).

In May the District Attorney’s Office charged six former and current trustees with possible conflict of interest violations (See  Law Firm: Confliction of Interest Violations Probable at SD Pension Board ).  

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Since a new group of seven trustees was appointed by former mayor Dick Murphy, the battle has heated up between the city and the pension board over the refusal to waive its attorney-client privilege and hand over key documents needed for the city’s 2003 and 2004 audits.   Some city council members have said that trustees who do not vote to waive the privilege should be replaced with trustees who will, the news report said.

For more details of San Diego’s pension problems see  San Diego DA Kicks Off Pension Probe .

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