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Regulations/Legal

Federal Reserve favors more predictability on rates

Wed, Jan 04, 2012

But “a number of members noted their dissatisfaction with the Committee's current approach for communicating its views regarding the appropriate path for monetary policy,” said the minutes of the Dec. 13 FOMC meeting, published this week.

Could “Obamacare” encourage earlier retirement?

Wed, Jan 04, 2012

A review of Towers Watson retirement data shows that the presence of company-subsidized health insurance for retirees encourages people to retire before age 65. Researchers wonder if elements of "Obamacare"--the PPACA--could have a similar effect.

“Simpson-Bowles” reforms would reduce middle-class Social Security receipts: Urban Institute

Wed, Dec 14, 2011

Projected Social Security benefit reductions under the NCFRR recommendations are closely related to lifetime earnings, with those at the bottom of the lifetime earnings distribution largely shielded and those at the top experiencing significant reductions.

Thoughts on DoL's "Re-Proposal"

Thoughts on DoL's "Re-Proposal"

Wed, Nov 30, 2011

Noticeably absent from the DOL’s September 19th release, and statements by DOL officials, is any suggestion of a broad revision of the regulation, writes Fred Reish, the well-known ERISA attorney at Drinker, Biddle & Reath.

‘Individual mandate’ constitutional, U.S. appeals court says

Wed, Nov 09, 2011

“The right to be free from federal regulation is not absolute, and yields to the imperative that Congress be free to forge national solutions to national problems, no matter how local–or seemingly passive–their individual origins,” said the majority opinion.

Mercer adopts Financial Engines’ Income+ program

Wed, Nov 02, 2011

In contrast to Prudential’s IncomeFlex or Hartford’s Lifetime Income, which involve purchases of insurance products prior to leaving the plan, Income+ offers an optional “out of plan” purchase of a life annuity after rollover.

Gov. Perry's tax plan, analyzed

Gov. Perry's tax plan, analyzed

Wed, Nov 02, 2011

The Tax Policy Center estimates that the Perry plan would lower federal tax liability by $995 billion in calendar year 2015 compared with current law, roughly a 27 percent cut in total projected revenue.

Courts favor fiduciaries in suit over “imprudent” plan investments

Wed, Oct 05, 2011

Plan sponsors and fiduciaries have won another case at the U.S. Court of Appeals for the 7th Circuit—the third this year.

SEC weighs action against Standard & Poor’s

Wed, Sep 28, 2011

The SEC enforcement staff sent S&P a Wells notice, which gives companies the chance to make the case why charges are unwarranted.

DoL releases “interim guidance” on electronic delivery of disclosures

Wed, Sep 21, 2011

For retirement plans that must disclose general plan and investment information to participants starting May 31, 2012, the Department of Labor offered two viable approaches regarding information delivery.

Political Football

Political Football

Tue, Sep 20, 2011

The Dept. of Labor's bid to strengthen the fiduciary standard for advisers to retirement plans and IRAs became a political football. Now the DoL has agreed to revise and "re-propose" its proposal. Was the football fumbled... or stripped?

12 Retirement Plan Concepts Financial Advisors Must Know

12 Retirement Plan Concepts Financial Advisors Must Know

Wed, Sep 14, 2011

In this article, an ERISA attorney sets out to help retirement plan advisors understand basic retirement plan concepts that can help them develop and maintain their retirement plan book of business.

Who Is 'Too Big to Fail'?

Who Is 'Too Big to Fail'?

Tue, Sep 06, 2011

Concerned that your insurance company might be designated a SIFI (Systemically Important Financial Institution)? Then read Deloitte's primer on SIFIs. Here's a synopsis and a link.

Repealing ‘Obamacare’ Would Bring Back ‘Donut Hole’—EBRI

Tue, Aug 30, 2011

“Medicare beneficiaries with high outpatient drug use would be most affected by repeal and would need to save an additional roughly 30‒40 percent to make up the shortfall,” said EBRI’s Paul Fronstin, lead author of the report.

NAIC ponders regs on separate accounts

Wed, Aug 24, 2011

What, if any, variable product guarantees would be covered by a guaranty association, the regulators want to know.

IRS seeks discussion on annuity – LTC hybrids

Tue, Aug 16, 2011

Although taxpayers are allowed to make the exchanges, they have not been sure how to report the exchanges, or how the exchanges might affect their income taxes.

Going with the regulatory flow

Tue, Aug 09, 2011

In announcing new fund offerings for DC plans, Securian and BlackRock noted that they're trying to meet plan sponsor demand for greater fiduciary responsibility and lower investment costs.

Policy analyst critiques debt ceiling agreement

Tue, Aug 02, 2011

Here’s an edited version of an analysis of the new agreement on deficit and debt reduction by Robert Greenstein, president of the Center for Budget and Policy Priorities.

Voters of all stripes want Wall Street swept clean

Tue, Jul 19, 2011

A poll sponsored by AARP and others found that 83% of Democrats, 73% of independents and 68% of Republicans favor a single federal agency dedicated to protecting consumers from financial fraud and misconduct.

Actuary to Congress: Raise SS retirement age

Actuary to Congress: Raise SS retirement age

Wed, Jul 13, 2011

Even in 1940, however, men who reached age 65 had an average life expectancy of 12.7 years—meaning that half lived longer than that. (Albus Dumbledore was nearly 116 years old when Severus Snape killed him.)

Are the asset allocation models used in 401(k) plans subject to DoL disclosure requirements?

Wed, Jul 06, 2011

Probably, says ERISA expert Fred Reish--but not if the model is managed by a 'discretionary fiduciary.'

DALBAR announces fiduciary designation for 401(k) advisors

Wed, Jun 29, 2011

The 401(k) RFTM Designation is awarded to designees who after training and testing prove to be fluent in the language and regulations of ERISA.

SEC "starved of resources": New Yorker

Wed, Jun 29, 2011

"The market has become more of an exclusive gambling club for the very rich than a level playing field open to the ordinary investor," wrote journalist George Packer.

Wolters Kluwer weighs in on Supreme Court’s Janus decision

Thu, Jun 16, 2011

In its 5-4 decision on Janus Capital Group, Inc. v. First Derivatives Traders, a lawsuit first filed in 2003, the high court held that liability for allegedly misleading statements in Janus' mutual fund prospectuses did not extend to the funds' investment advisers.

Fed governor details rationale for higher capital standards for “SIFIs”

Sun, Jun 05, 2011

Regulations should limit the creation or growth of giant financial institutions unless the “benefits to society are clearly significant,” said Daniel Tarullo.

Taxes deferred aren’t taxes denied: ASPPA

Tue, May 31, 2011

In their attacks on retirement savings incentives, 'budget hawks' don't appear to realize that 401(k) participants and others pay the deferred taxes after they retire, albeit sometimes at a lower tax rate.

An Industry Awaits Fee Transparency Rule with Trepidation

An Industry Awaits Fee Transparency Rule with Trepidation

Tue, Apr 19, 2011

“This new ERISA 408(b)(2) disclosure has a bite to it," writes Louis Harvey of Dalbar in DSG Dimensions. ERISA attorney Fred Reish (left) estimates that 401(k) fee transparency rule would be effective "April 1 to July 1, 2012.”

Republican budget manifesto released

Wed, Apr 06, 2011

The top individual and corporate tax rate would drop to 25% from 35% under the "Path to Prosperity" proposal written by House budget committee chairman Paul Ryan (R-WI).

One Reason the Crisis Got So Bad

One Reason the Crisis Got So Bad

Wed, Apr 06, 2011

Banks needed to reserve 4% for mortgage loans, but only 1.60% for mortgage-backed securities issued by Fannie Mae or Freddie Mac. So banks loaded up on MBSs. A second excerpt from the newly-published "Guaranteed to Fail" (Princeton University Press, 2011).

Pension Debate Roils Japan

Pension Debate Roils Japan

Mon, Feb 28, 2011

In January, the ruling party suggested that the public pension should be funded with payroll deductions, and that there should be a taxpayer-funded guaranteed minimum benefit of ¥70,000 ($860) per month for the poor.

Rule 408(b)(2) delayed until 2012

Wed, Feb 16, 2011

“We now believe plans and plan service providers would benefit from an extension of the rules applicability date,” said assistant Labor Secretary Phyllis Borzi in a statement.

What the ‘Lifetime Income Disclosure Act’ may mean for you

Wed, Feb 09, 2011

The bill would require benefit statements to include the annuity equivalent of an employee’s benefit, while providing a "clear path to avoid liability."

SEC Staff Recommends Uniform Fiduciary Standard

SEC Staff Recommends Uniform Fiduciary Standard

Wed, Jan 26, 2011

All those who give “personalized investment advice about securities to retail customers” should put the clients' interest above their own, the SEC staff recommends.

The New Madoff Windfall

The New Madoff Windfall

Wed, Jan 26, 2011

Our occasional columnist explains why hedge funds are scooping up discounted claims against jailed Ponzi artist Bernard Madoff.

U.S. Treasury now owns AIG

Wed, Jan 19, 2011

“We continue to believe [taxpayers] will realize a profit on their investment in AIG,” said Robert H. Benmosche, AIG president and CEO.

Bank of America Settles Fannie-Freddie Claims

Tue, Jan 04, 2011

The agreements center on loans that Countrywide Financial, which was purchased by Bank of America in 2008, sold to the two agencies.

States Have Mandate, But Not Money, To Oversee Mid-Sized Advisors

Tue, Jan 04, 2011

California, Florida, New York and Texas will account for 35% of all the advisory firms switching over to state regulation, according to National Regulatory Services, a Connecticut consulting firm.

For capital gains tax, the “honor system” ends January 1

Tue, Dec 28, 2010

Before the new rule, the government didn’t have a way to verify if an investor was reporting the true gain on a sale unless there was an audit, said an Ernst & Young tax partner.

SEC seeks comments on credit rating standardization

Tue, Dec 28, 2010

The SEC is conducting a study, required by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, to investigate the feasibility and desirability of standardizing credit rating methods and terminology.

An alert from SPARK Institute on participant fee disclosure

Tue, Dec 21, 2010

Plan sponsors are required to provide participants with information about all of their plans’ investment options in a single chart or similar format, said SPARK general counsel Larry Goldbrum.

New Tax Relief Bill Summarized by FPA, CCH

Tue, Dec 21, 2010

The payroll tax holiday alone is estimated to inject $120 billion into the economy in 2011.

HR 4337 modernizes tax code treatment of investment firms

Tue, Dec 21, 2010

A new white paper from Wolters Kluwer Law & Business details the elements of the law.

Rep. Ryan’s Express Could Save—or Derail—Public Pensions

Rep. Ryan’s Express Could Save—or Derail—Public Pensions

Wed, Dec 15, 2010

Perhaps the most pointed aspect of the bill, H.R. 6484, is its requirement that states use Treasury rates, which are historically low, to discount pension obligations and calculate funding requirements.

Treasury to sell last of its stake in Citigroup

Wed, Dec 08, 2010

A person briefed on the transaction said it would be priced at $4.35 a share, a 2% percent discount. At that price, taxpayers could profit by $12 billion on the Treasury’s investment in Citigroup.

St. Louis Fed president rebuts criticisms of QE2

Wed, Dec 08, 2010

James Bullard argued that QE has no impact on the longer-run U.S. fiscal outlook and that this outlook remains very poor no matter what the Fed does.

Deficit Commission's 'Moment of Truth'

Wed, Dec 01, 2010

"After all the talk about debt and deficits, it is long past time for America’s leaders to put up or shut up. The era of debt denial is over, and there can be no turning back," says the preamble to the completed Report of the National Commission on Fiscal Responsibility and Reform, which was released today.

EBSA Proposes Broader Fiduciary Definition for Plan Advisors

Wed, Dec 01, 2010

The proposed rule defines certain advisers as plan fiduciaries even if they do not provide advice “on a regular basis” to an employee benefit plan or to plan participants, according to the posting in the Federal Register yesterday.

UK’s National DC Plan Considers Investment Options

Wed, Nov 17, 2010

“We won't be investing in a single infrastructure fund, though, or a single commodities fund, or a single high-yield fund until we get bigger,” said Mark Fawcett, CEO of the National Employment Savings Trust.

An Alternative Deficit Reduction Plan

Wed, Nov 17, 2010

Similar to the Bowles-Simpson proposals, the Rivlin-Domenici plan would lower income tax rates while eliminating most deductions and credits. It would replace the home mortgage and charitable contribution deductions with 15% refundable credits, and cut health care expenditures by $75 billion a year.

The $1.1 Trillion Tax Hike

The $1.1 Trillion Tax Hike

Wed, Nov 17, 2010

The "Zero Plan" proposed by the co-chairs of the National Commission on Fiscal Responsibility and Reform last week calls for the end of $1.1 trillion in tax breaks. The co-chairs would save Social Security through a combination of reduced benefits and higher taxes.