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Technical Competence

Public school employees can contribute to a 403(b) plan, or to a 457(b) plan. Sounds great, but doing so can have negative ramifications. In this week’s MarketBeat, David Blask notes that these plans differ in several important ways and observes that the determination regarding which plan is... READ MORE
The U.S. District Court of the District of Minnesota in its ruling in The City of Farmington Hills Employees Retirement System v. Wells Fargo Bank, N.A., Civil No. 10-4372 DWF/JJG (U.S. District Court of the District of Minnesota) has granted final approval of a $62.5 million settlement in a... READ MORE
There is great variation among the states regarding their ability to meet their obligations to current and future retirees from their state and local work forces. The U.S. Census Bureau in its recently released 2013 Survey of Public Pensions: State-Administered Defined Benefit Data highlights... READ MORE
There is great variation among the states regarding their ability to meet their obligations to current and future retirees from their state and local work forces. The U.S. Census Bureau in its recently released 2013 Survey of Public Pensions: State-Administered Defined Benefit Data highlights... READ MORE
Fitch Ratings says a recent decision by the board of the California Public Employees' Retirement System (CalPERS) will raise funding pressures on public employers. The Sacramento Bee reported that staff at CalPERS, the nation’s largest public pension plan, recommended that the fund’s board... READ MORE
With the official report not due until September, a draft report released by the Oregon legislature's Task Force on Oregon Retirement Savings offers a blueprint of a proposed new mandatory auto IRA program for the state.  According to a report in the Oregon Statesman-Journal, the proposal calls... READ MORE
The 2014-15 budget that North Carolina Gov. Pat McCrory (R) signed into law does more than fund state functions: it also expands state control over state pension fund investments. PI Online reports that the budget provides for 10 new investment staff positions.  North Carolina Treasurer Janet... READ MORE
What if a public safety employee rolled his distribution from a governmental defined benefit plan into a 457(b) plan and subsequently took a distribution of these dollars — would this distribution be subject to the 10% additional tax? In this week’s Tech Talk, Ellie Lowder tells us whether it would... READ MORE
The Securities and Exchange Commission (SEC) on Aug. 11 announced securities fraud charges against the state of Kansas, claiming that the state failed to disclose that the state’s pension system was significantly underfunded, and the unfunded pension liability created a repayment risk for... READ MORE
Gov. Chris Christie (R) seems to have read the tea leaves correctly in setting up a commission to make recommendations on how to reform New Jersey’s public pension system. And that’s not just regarding the needs of the system — it also appears to be prescient regarding the views of his... READ MORE
It’s hurricane season, which brings handling emergencies into sharper relief. Under a 457(b) plan, a hardship distribution can only occur when the participant is faced with an unforeseeable emergency.  An unforeseeable emergency is a severe financial hardship resulting from an illness or... READ MORE
You provided an employee with a 15-year catch-up last year, but you find out that the employee was not eligible for it. Do you just distribute it as 1099 2014 income? Is it considered an excess deferral under Code Section 402(g)? In this week's Tech Talk, Ellie Lowder provides the answers and... READ MORE
The U.S. Supreme Court ruled recently that an inherited IRA is part of a bankruptcy estate and subject to creditors’ claims. This raises questions: if that is the case with IRAs, does that then have implications for retirement plan assets belonging to those who declare bankruptcy? In this week's... READ MORE
  New Jersey Gov. Chris Christie (R) on Aug. 8 appointed nine members to a non-partisan commission to make recommendations regarding how to reform New Jersey’s public pension and health benefit systems. Never averse to taking bold action on a tough issue, Christie said in a press release that he... READ MORE
A school district decides to eliminate vendors and go to a single 403(b) plan provider. Can employees move the funds they have in the de-selected 403(b) plans to IRAs? Do the IRS regulations regarding this take into account that when an employer changes its pension plan, many times clients have the... READ MORE
State and local pension plans’ investments showed robust growth for the 12-month period that ended June 30, Wilshire Associates reports. These plans’ investments showed median growth of almost 17%, the strongest growth since fiscal year 2011.  The growth was fueled in large part by the... READ MORE
Citing a need to ensure sustainability of public pensions, New Jersey Gov. Chris Christie (R) on Aug. 1 announced the formation of a commission that will include study of the state pension system and how to reform it. This is necessary, Christie said, to ensure that the system is sustainable.... READ MORE
NTSA has established the Task Force on Retirement Savings Plans, a new committee designed to help lead and guide the discussion and development of policy regarding the automatic enrollment of employees in non-ERISA retirement savings plans. Among the functions the new task force will perform is to... READ MORE
If you receive a request for a loan from a participant who finished paying off a previous loan from his 403(b) four months ago, can you permit a $50,000 loan from the account since he has no outstanding loans in any plans of the employer? In Tech Talk, Ellie Lowder addresses what can be done in... READ MORE
NTSA has established the Task Force on Retirement Savings Plans, a new committee designed to help lead and guide the discussion and development of policy regarding the automatic enrollment of employees in non-ERISA retirement savings plans. Among the functions the new task force will perform is to... READ MORE

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