SAL TRIPODI - TRI Pension Services
Your Employee Retirement Income Security Act Resource

Pension News

  • The 2017 Print Edition of The ERISA Outline Book can be ordered now. Use the same link to subscribe to a year of the Online Edition.
  • The 2017 Annual Hawaii Seminar is at the Hilton Hawaiian Village in Honolulu, Hawaii, will be held on Wednesday, November 15 through Friday, November 17, 2017. Registration is now open!
  • eRISA Update (Quarterly Current Developments Service):
    eRISA Update is an electronic current developments service, providing comprehensive summaries of all the important developments in the retirement plan area. The following is a description from the latest issue,Spring 2017.
    IRS/Treasury Update. (1) Substantiation of hardship distributions under 401(k) plans and 403(b) plans, (2) the first Operational Compliance List, and (3) a warning on certain cash balance formulas that, through a specialized type of compensation definition, may result in a challenge under the definitely determinable benefit rule.
    DOL Update. DOL implemented a 60-day delay (to June 9, 2017) of the general applicability date of the new fiduciary definition regulation and the associated prohibited transaction exemptions (and amendments to certain prohibited transaction exemptions). More importantly, the DOL primarily confined the June 9, 2017, applicability date to the fiduciary definition itself and the application of the Best Interest Standard and other Impartial Conduct Standards to the delivery of such investment advice under the associated prohibited transaction exemptions.
    PBGC Update. None reported in this issue.
    Litigation Update. (1) The next installment of the Tussey v. ABB, Inc. drama from the Eighth Circuit asking the district court to do a more thorough inquiry on the proper measure of damages regarding the imprudent replacement of the default investment fund, (2) a challenge by the Sixth Circuit of the IRS’ “form of substance” challenge of transactions, clearly allowed under the tax code, that resulted in large amounts of earnings being transferred to Roth IRAs, and (3) an analysis from the Eighth Circuit on a plan administrator’s interpretation of plan language that boosted retirement benefits when the sale of a company resulted in the company’s removal from the parent company’s controlled group..
    Order information. To order eRISA Update, click here and follow the instructions to print out an order form. You also may order the latest issue for $75 by completing Part 1 of the newsletter order form, print out the order form and then: (1) fax it (303-265-9100) (only if paying by credit card), or (2) mail your order to the TRI Pension Services address shown above (either with check enclosed or credit card information provided on the order form).

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