Michael F. Yates & Company, Inc.
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HELPING MANAGE YOUR COMPANY'S MOST PRECIOUS RESOURCE
                     ...from the HR Perspective
Human Resource UpdateJuly 2010
In This Issue
The Fix Is In: Common Plan Mistakes
The Tax Man is Coming
Sexual Harassment Part II
Form 5500 e-file Tips
eLaws Quick Link
Plan Reporting Calendar
Americans with Disabilities Act
Track Government Spending
Nonverbal Communication
Be Careful of What You Ask
Terms of Use
 
 
 
 
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Greetings: 
   
This month we continue the discussion on sexual harassment in the workplace, common plan mistakes, 5500 e-file tips, and take a look at non-verbal communication and the history of the ADA. The number of "new issues" with which HR must deal grows each year.
 
The summer is nearly half over, and I hope that you will have a chance to enjoy some of the good times it can offer. We can also use this time to think about what needs to be done by year's end. Making a "To Do" list might be a good idea. You can get a start by looking at the Plan Reporting Calendar (View Calendar) that is included in each of our Newsletters. One important date that is coming up is the September 30th date for your actuary's certification that your defined benefit plan meets the minimum AFTAP requirements.
 
The possible increase in taxes for the "rich" will make us want to look at executive compensation plans and benefits. Please see the article on "The Tax Man is Coming" elsewhere in this newsletter.
 

UG 
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If you find value in this newsletter please let us know. Feel free to call me with a comment and/or ask a question at any time (908-689-4200) or send me an email ([email protected]). We offer this timely information as another benefit of your relationship with our company. If you feel a friend or colleague would benefit from receiving our newsletter, please feel free to forward a copy.
    

Sincerely,
    Mike
Michael F. Yates
President

PS: You can view all of our newsletters by clicking the 'newsletter archives' link at our company website (www.mfyco.com).
 
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meeting

 The Fix Is In: Common Plan Mistakes
Periodically the Internal Revenue Service (IRS) publishes an article that it calls "The Fix Is In: Common Plan Mistakes" that present common mistakes that happen in retirement plans.  These articles describe a common problem, how it happened, how to fix it and how to lessen the probability of the problem happening again.  Over the course of the next several months, we will be reproducing some of those articles that we believe would be helpful to you in the day-to-day administration of your plan.

Another Way to Spell "Relief": E-P-C-R-S
(Reproduced from the IRS' Retirement News for Employers)

Perhaps in some future, more perfect world, an employer will purchase a pension plan, plug it in, stand back and casually watch its smooth, flawless operation. But today, any employer with a plan knows this is not the case: a pension plan is complex and you as plan sponsor need to be ever-vigilant - both to its form and to its operation. First, your plan is subject to occasional renovation as pension laws and rules get changed. And, second, you cannot simply let down your guard because your plan is state-of-the-art: once launched, your plan must also be operated correctly and in accordance with its written terms.

In short, your task as plan sponsor can be a daunting one.  The IRS recognizes the challenge.  Even those employers who sponsor large plans and have hired crews of experts - administrators, attorneys, actuaries - occasionally have their plans drift off course:  new law provisions might not be adopted timely; eligible employees might not participate just when they should; distributions might be made when they shouldn't be made - such are just a few of the common failures that may occur.

The IRS is well aware that mistakes can and do happen.  That's why the IRS has in place a system that lets you bring your plan back into compliance without losing its tax benefits:  the Employee Plans Compliance Resolution System, or "EPCRS".  EPCRS encompasses three distinct correction programs: 1) the Self-Correction Program; 2) the Voluntary Correction Program; and 3) the Audit Closing Agreement Program.

Let's say that you have discovered an error in the operation or form of your plan.  You know that EPCRS exists and that it has something to do with correction.  You need to correct, you want to correct - but where to start?  A good place to visit is the Retirement Plans Community web site.  Once there, click on "Plan Sponsor/Employer" and select "How Do I ...", then "Fix a Plan Mistake?" You will be whisked to a page with links to relevant correction guidance including the EPCRS Revenue Procedure; a text version of "Retirement Plan Correction Program" CD-ROM and a detailed summary of the EPCRS program.  (There is also a link to the correction programs offered by the Department of Labor.)

This article will give you a general sense of which direction you need to go and what you'll need to do in order to get your plan back into the fold of compliance.  

Before you determine which program applies to your specific situation, you first need to pass the most basic test:  eligibility for correction under any part of the EPCRS is limited in any case to failure that does not involve the misuse or diversion of assets from the plan.

Assuming you pass this test, you next need to measure the failure - or failures - carefully against the criteria stipulated in Part IV of EPCRS Revenue Procedure.  Ideally, the failure will be resolvable under the Self-Correction Program, or "SCP", because you: 1) do not contact the IRS and 2) do not pay any fee to the IRS as a penalty for the failure.

Sound good?  Well, yes, but not all plan failures are equal, or equally eligible for SCP.  First, self-correction is limited to operational failures, i.e., the failure to follow the terms of the plan.  Second, the failure may be "significant" but must not be "egregious".  (The Revenue Procedure gives helpful hints regarding the difference between "significant" and "egregious".)  Third, self-correction is only for plans with prior favorable determination letters.  And, fourth, self-correction is available, generally, only for plans not currently under examination by the IRS (see the procedure for a finely-tuned definition of  "under examination".) In short, mid-audit is not the time to start thinking seriously about self-correction.

If you are eligible to correct a significant failure under the SCP, then you must correct -  or at least substantially correct - the failure within two years of the end of the plan year in which the failure occurred.  Your correction must be in accordance with the "General Correction Principles" stipulated in the procedure.  (Appendix A of the procedure describes the most common operational failures and the acceptable correction methods.)  Insignificant operational failures are of course also eligible for self-correction - with the additional benefit that the plan need not have a prior determination letter and that the plan may actually be under examination.

But what if the plan failure is not eligible for relief under the SCP? Say, if the failure is operational but egregious, or isn't operational at all but, rather, a plan document failure (late- or non-amendment, for example)?  There's still room for you under the EPCRS umbrella:  the Voluntary Compliance Program, or "VCP", may allow you to bring your plan in to the IRS for correction.

Unless you've already been notified that your plan is under examination, you should still be able to correct but you will need to contact the IRS.  The procedure will give you precise instructions regarding what you'll need to provide, and where to mail the submission.  You will have to identify each failure and its duration, indicate what correction you have made or propose to make and indicate what specific measures you have taken to ensure that the failure will not happen again.  And where the correction involves making changes to your plan document, you will also most likely need to submit simultaneously a determination letter application with its applicable fee.  Finally, you will also have to include payment of a pre-established fee based on the number of participants in your plan, as specified in the procedure.

The IRS will review your application and will provide a compliance statement setting forth the agreed terms of correction.  Among other things, this document will state that any proposed correction will need to be made within 150 days from the date the Statement is issued.

Note also that the VCP process may be entered into anonymously.  See the procedure for details.

There remains one, less attractive, way for you to correct failures in your plan:  entering into a "Closing Agreement" under the Audit Closing Agreement Program, or "Audit CAP".  Audit CAP is for a failure discovered by the IRS, typically during an examination of a plan, or occasionally during the review of a determination letter application, which might, for example, unearth the fact that a plan was not adopted timely or not amended timely or perhaps even both.  After the IRS uncovers a failure and the plan faces potential disqualification, you may be given the opportunity to make full correction and to pay a sanction amount negotiated with the IRS, basically a percentage of the tax that would be due if the plan were disqualified.   Correction in full and payment of the sanction would have to be made before a full and binding agreement could be reached and the Closing Agreement document executed.

In summary:  Plan problems arise.  EPCRS is both the IRS's acknowledgement of this reality and a structured approach to dealing with it.  Hopefully, you will not have a need to turn to EPCRS, but should that need arise, by all means do so.
 
tax man 

The Tax Man is Coming

 

Bush Tax Cuts

 

The possible sunsetting of the "Bush Tax Cuts" for the "rich" (those families with incomes of $250,000 or more) could mean a significant increase in the total tax burden for those affected. A brief summary of the increases is:

         The top rate increases to 39.6%

         The maximum rate on long-term gains will increase to 20%. The maximum rate on dividends will become 39.6% unless action is taken to limit the rate to 20%.

         The joint-filer standard deduction will fall back to about 167% of the amount for singles vs. 200% now.

         The itemized deduction phase-out rule could eliminate up to 80% of an individual's itemized deductions for mortgage interest, state and local taxes, and charitable donations.

         The personal deduction phase out rule applies if your adjusted gross income exceeds about $252,000 if you file jointly; about $168,000 if you're single; about $210,000 if you're a head of household; or about $126,000 if you use married filing separate status. (For 2010, personal exemption deductions are $3,650 each, and they will be about the same next year.) This, again, results in more income to be taxed.

 

Passage of a bill before the November to extend the tax cuts for all or only those who are not rich seems unlikely. But a rush to do something to "tax the rich" in the remaining eight weeks after the election is a real possibility.

 

The "Death Tax"

 

The return of the full pre-2001 inheritance tax (55%) and its low threshold ($1,000,000) is another swat at the "rich". The Administration has made no promise to take action to restore the 2009 rate (45%) and threshold ($3,500,000), and is implying it will let the pre-2001 law come back in full force.

 

Planning

 

While the future is unclear, starting to think about how you might address these tax increases now would permit you to explore more alternatives in a more relaxed fashion. Please let us know if our wealth of experience with executive compensation and benefits can assist you in that effort. 

Call: 908-689-4200 to contact a
MFYCO professional consulting associate.
happypeople
Sexual Harassment -- Part II

In this, the second part of our two part series on Sexual Harassment, we will cover how to:
  • prevent harassment in the workplace;
  • best practices to avoid harassment problems; and 
  • correct harassment in the workplace.
The first part, published in our June 2010 Newsletter, covered what is harassment, the different types of sexual harassment, employer obligations, employer liability, and employees' obligations.

Preventing Harassment
Companies by law need to develop a way to create a workplace free from Sexual Harassment.  A company's best defense is to be proactive and develop a policy and complaint procedure, communicate the policy to all employees and then have supervisors lead by example and be proactive to stop all forms of discrimination.   
 
An Anti-harassment policy and complaint procedure should contain, at a minimum, the following elements:
  • Provide a clear explanation of prohibited conduct.  List examples of common types and categories of harassment and discrimination; 
  • State company's commitment to zero tolerance;   
  • Design a complaint process that that will provide a prompt, thorough, and impartial investigation.  Provide the name of the person who employees can go to if they experience or witness harassment or discrimination and/or the hierarchy of who reports can be made;         
  • Assurance that the employer will protect the confidentiality of harassment complaints to the extent possible; complaints cannot be totally confidential.  Employers cannot guarantee complete confidentiality.  Employees who complain should expect "limited confidentiality" from supervisors and managers.  Employees should be asked to refrain from discussing the claim with coworkers because any discussion could hamper the investigation;       
  • Assurance that the employee who provides information or who makes a complaint is protected from retaliation.  Retaliation or punishing an employee for complaining about harassment and/or discrimination is unlawful.  If it is perceived that an employee has been punished for reporting inappropriate conduct, the courts will find for the employee.  The employee may not be demoted, transferred (to their detriment), terminated, etc. as a result of the harassment situation.  Any employment action after a complaint is made should be analyzed to verify that the action is not related or perceived to be related to the complaint.  A court of law will side with the employee if it is not clear that the employment action was justified.  The settlement could be very costly; and       
  • Assurance that the employer will take immediate and appropriate corrective action when it determines that harassment has occurred.
An employer's responsibility to exercise reasonable care to prevent and correct harassment is not limited to implementing an anti-harassment policy and complaint procedure. As the Supreme Court stated in Faragher, 118 S. Ct. at 2291, "the employer has a greater opportunity to guard against misconduct by supervisors than by common workers; employers have greater opportunity and incentive to screen them, train them, and monitor their performance."
 
An employer's duty to exercise due care includes instructing all of its supervisors and managers to address or report to appropriate officials complaints of harassment regardless of whether they are officially designated to take complaints and regardless of whether a complaint was framed in a way that conforms to the organization's particular complaint procedures. For example, if an employee files an EEOC charge alleging unlawful harassment, the employer should launch an internal investigation even if the employee did not complain to management through its internal complaint process.

Furthermore, due care requires management to correct harassment regardless of whether an employee files an internal complaint, if the conduct is clearly unwelcome. For example, if there are areas in the workplace with graffiti containing racial or sexual epithets, management should eliminate the graffiti and not wait for an internal complaint.

An employer should ensure that its supervisors and managers understand their responsibilities under the organization's anti-harassment policy and complaint procedure. Periodic training of those individuals can help achieve that result. Such training should explain the types of conduct that violate the employer's anti-harassment policy; the seriousness of the policy; the responsibilities of supervisors and managers when they learn of alleged harassment; and the prohibition against retaliation.

An employer should keep track of its supervisors' and managers' conduct to make sure that they carry out their responsibilities under the organization's anti-harassment program. For example, an employer could include such compliance in formal evaluations.

Reasonable preventive measures include screening applicants for supervisory jobs to see if any have a record of engaging in harassment. If so, it may be necessary for the employer to reject a candidate on that basis or to take additional steps to prevent harassment by that individual.

Finally, it is advisable for an employer to keep records of all complaints of harassment. Without such records, the employer could be unaware of a pattern of harassment by the same individual. Such a pattern would be relevant to credibility assessments and disciplinary measures.
 
Best Practices to Avoid Harassment Problems
Training is key to avoiding harassment in the workplace.  A well informed staff has the awareness to stop potential harassment.  Through training they are more sensitive to the feelings and emotions of their employees and are able to spot and proactively act to stop potential harassment situations before they escalate into complaints.  A staff that is mindful and respectful to each other should be relatively free of inappropriate actions and behaviors.  Beyond training supervisors should:
 
  • know and understand the organization's harassment policy and be able to explain it to employees.
  • set an example for co-workers by modeling the behavior expected by the company.
  • refuse to take part in any activity that has a risk of being viewed as harassment or discrimination.
  • monitor employees and address problematic situations.  For example:  A line supervisor always touches the employees on the shoulder to get their attention or to make a point, (seems harmless, unless one of the employees finds it offensive and an invasion of their space) as a supervisor, you should remind him/her of the harassment policy explain that this could be perceived as harassment so he/she needs to stop the behavior.  You are heading off a potential problem. As a supervisor, you must be diligent with staff and always be willing to address the viewed behavior and stop it before it becomes a complaint.
  • take immediate action if harassing behavior is reported or observed and alert your supervisor and/or contact HR to any behavior that appears to violate company policy. HR and their supervisor will then do their job and investigate and make the necessary determination. Ensure some degree of privacy, take it seriously and thank the complainant.
  • protect the integrity of the investigation and the morale of the workplace by keeping complaints and investigation information as confidential as possible and only known to those persons who have a valid need to know.
 
Correcting Harassment
Complaint Handling
When a complaint is received it must be investigated promptly and thoroughly.  An effective investigator must be used by employer. Investigations are communicated on a "need-to-know basis only. The investigation must end with a conclusion/resolution.

The resolution to the complaint is immediate corrective action to end the harassment by means of disciplinary action when a violation of the harassment and discrimination policy is found to have occurred.  The disciplinary action will vary in degree depending on the action.
 
The Investigation - Questions to Ask Parties and Witnesses
When detailed fact-finding is necessary, the investigator should interview the complainant, the alleged harasser, and third parties who could reasonably be expected to have relevant information. Information relating to the personal lives of the parties outside the workplace would be relevant only in unusual circumstances. When interviewing the parties and witnesses, the investigator should refrain from offering his or her opinion.

The following are examples of questions that may be appropriate to ask the parties and potential witnesses. Any actual investigation must be tailored to the particular facts.
 
Questions to Ask the Complainant:
 
  • Who, what, when, where, and how: Who committed the alleged harassment? What exactly occurred or was said? When did it occur and is it still ongoing? Where did it occur? How often did it occur? How did it affect you?
  • How did you react? What response did you make when the incident(s) occurred or afterwards?
  • How did the harassment affect you? Has your job been affected in any way?
  • Are there any persons who have relevant information? Was anyone present when the alleged harassment occurred? Did you tell anyone about it? Did anyone see you immediately after episodes of alleged harassment?
  • Did the person who harassed you harass anyone else? Do you know whether anyone complained about harassment by that person?
  • Are there any notes, physical evidence, or other documentation regarding the incident(s)?
  • How would you like to see the situation resolved?
  • Do you know of any other relevant information?
Questions to Ask the Alleged Harasser:
  • What is your response to the allegations?
  • If the harasser claims that the allegations are false, ask why the complainant might lie.
  • Are there any persons who have relevant information?
  • Are there any notes, physical evidence, or other documentation regarding the incident(s)?
  • Do you know of any other relevant information?
Questions to Ask Third Parties: 
  • What did you see or hear? When did this occur? Describe the alleged harasser's behavior toward the complainant and toward others in the workplace.
  • What did the complainant tell you? When did he/she tell you this?
  • Do you know of any other relevant information?
  • Are there other persons who have relevant information?
 
Credibility Determinations
If there are conflicting versions of relevant events, the employer will have to weigh each party's credibility. Credibility assessments can be critical in determining whether the alleged harassment in fact occurred. Factors to consider include:
  • Inherent plausibility: Is the testimony believable on its face? Does it make sense?
  • Demeanor: Did the person seem to be telling the truth or lying?
  • Motive to falsify: Did the person have a reason to lie?
  • Corroboration: Is there witness testimony (such as testimony by eye-witnesses, people who saw the person soon after the alleged incidents, or people who discussed the incidents with him or her at around the time that they occurred) or physical evidence (such as written documentation) that corroborates the party's testimony?
  • Past record: Did the alleged harasser have a history of similar behavior in the past?
None of the above factors are determinative as to credibility. For example, the fact that there are no eye-witnesses to the alleged harassment by no means defeats the complainant's credibility, since harassment often occurs behind closed doors. Furthermore, the fact that the alleged harasser engaged in similar behavior in the past does not necessarily mean that he or she did so again. 

Reaching a Determination
Once all of the evidence is in, interviews are finalized, and credibility issues are resolved, management should make a determination as to whether harassment occurred. That determination could be made by the investigator, or by a management official who reviews the investigator's report. The parties should be informed of the determination.

In some circumstances, it may be difficult for management to reach a determination because of direct contradictions between the parties and a lack of documentary or eye-witness corroboration. In such cases, a credibility assessment may form the basis for a determination, based on factors such as those set forth above.

If no determination can be made because the evidence is inconclusive, the employer should still undertake further preventive measures, such as training and monitoring.

Assurance of Immediate and Appropriate Corrective Action
An employer should make clear that it will undertake immediate and appropriate corrective action, including discipline, whenever it determines that harassment has occurred in violation of the employer's policy. Management should inform both parties about these measures.
 
Remedial measures should be designed to stop the harassment, correct its effects on the employee, and ensure that the harassment does not recur. These remedial measures need not be those that the employee requests or prefers, as long as they are effective.

In determining disciplinary measures, management should keep in mind that the employer could be found liable if the harassment does not stop. At the same time, management may have concerns that overly punitive measures may subject the employer to claims such as wrongful discharge, and may simply be inappropriate.

To balance the competing concerns, disciplinary measures should be proportional to the seriousness of the offense. If the harassment was minor, such as a small number of "off-color" remarks by an individual with no prior history of similar misconduct, then counseling and an oral warning might be all that is necessary. On the other hand, if the harassment was severe or persistent, then suspension or discharge may be appropriate.

Remedial measures should not adversely affect the complainant. Thus, for example, if it is necessary to separate the parties, then the harasser should be transferred (unless the complainant prefers otherwise). Remedial responses that penalize the complainant could constitute unlawful retaliation and are not effective in correcting the harassment.
Remedial measures also should correct the effects of the harassment. Such measures should be designed to put the employee in the position s/he would have been in had the misconduct not occurred.

Examples of Measures to Stop the Harassment and Ensure that it does not Recur:
  • oral or written warning or reprimand;
  • transfer or reassignment;
  • demotion;
  • reduction of wages;
  • suspension;
  • discharge;
  • training or counseling of harasser to ensure that s/he understands why his or her conduct violated the employer's anti-harassment policy; and
  • monitoring of harasser to ensure that harassment stops.
 
Examples of Measures to Correct the Effects of the Harassment:
  • restoration of leave taken because of the harassment;
  • expungement of negative evaluation(s) in employee's personnel file that arose from the harassment;
  • reinstatement;
  • apology by the harasser;
  • monitoring treatment of employee to ensure that s/he is not subjected to retaliation by the harasser or others in the work place because of the complaint; and
  • correction of any other harm caused by the harassment (e.g., compensation for losses).
 
Remedies Available to Employees
  • Awarding back pay to a victim who has quit or been fired.
  • Reinstating a victim who has quit or been fired.
  • Awarding compensatory damages to a victim to compensate for lost wages, physical and psychological damage, and legal costs.
  • Awarding punitive damages to a victim or class of victims in order to further punish the employer and force them to change the way they treat protected classes of employees.
  • Requiring employers to adopt anti-harassment policies, train supervisory staff, and take other proactive steps to end harassment in the workplace.
Small Businesses
It may not be necessary for an employer of a small workforce to implement the type of formal complaint process described above. If it puts into place an effective, informal mechanism to prevent and correct harassment, a small employer could still satisfy the first prong of the affirmative defense to a claim of harassment. As the Court recognized in Faragher, an employer of a small workforce might informally exercise sufficient care to prevent harassment.

For example, such an employer's failure to disseminate a written policy against harassment on protected bases would not undermine the affirmative defense if it effectively communicated the prohibition and an effective complaint procedure to all employees at staff meetings. An owner of a small business who regularly meets with all of his or her employees might tell them at monthly staff meetings that he or she will not tolerate harassment and that anyone who experiences harassment should bring it "straight to the top."

If a complaint is made, the business, like any other employer, must conduct a prompt, thorough, and impartial investigation and undertake swift and appropriate corrective action where appropriate.  
 
 
 What would you like to see in a future issue?

Contact our office with your suggestions.

 
Form 5500 e-file Tips
Effective for plan years beginning on or after January 1, 2009, all Form 5500s must be filed electronically using the Department of Labor's (DOL's) new electronic filing program, EFAST2. In addition to our previous articles on EFAST2 May 2010 June 2010, here are some tips to help with this new filing process:
1)      Before a plan can file a Form 5500 using EFAST2, the appropriate individuals must register at the EFAST2 website. You will have to identify the party who will complete the Form 5500 and all parties that will sign it.
 
2)      Once an individual registers, you cannot go back and choose additional roles. It is important to understand the roles each person will play before the registration process begins. The five roles are: Filing Author, Schedule Author, Filing Signer, Transmitter and Third Party Software Developer.
 
3)      The individual who completes the online Form 5500 must register as the Filing Author. The individual who will sign the online Form must register as the Filing Signer.
 
4)      The registration process assigns a unique identification, personal identification number and password to each user. These credentials are personal and are not linked to the company.
 
5)      The Form 5500 can be completed either by the Filing Author or a third party administrator.
 
6)      The internal Revenue Code permits the plan sponsor, plan administrator or employer to sign the filing. The EFAST2 filing system guidelines originally required plan sponsors and/or plan administrators to electronically sign the Form 5500. However, on May 13, 2010 the DOL announced another filing option that allows service providers to submit returns on behalf of their clients.
 
The new option is described in #33a of the DOL's EFAST2 All-Electronic Filing System Frequently Asked Questions. This new options, which permits plan sponsors/ administrators to authorize the service provider that manages their annual filing process to electronically submit the Form 5500 on their behalf using the service provider's own signing credentials, eliminates the need for plan sponsors/administrators to obtain any credentials at all from DOL.
 
7)      Filing submitted under the EFAST2 program will be posted on the DOL's website so all social security numbers should be removed from the filing.
 
8)      Plans are no longer required to attach a copy of the Form 5558, application for extension of time to file, to the front of Form 5500 filing.  You simply check the appropriate box on line D saying the extension was filed. Plans must still retain a paper copy with the permanent records.
 
9)      Beginning with returns for the 2009 plan year, the Schedule SSA (Form 5500) has been eliminated as a schedule of the Form 5500 annual return/report and is replaced with Form 8955-SSA. Plan administrators must file this new form with the IRS and not through the EFAST2 filing system.
 
Plan administrators are not required to file the Form 8955-SSA for the 2009 plan year and subsequent years until guidance is issued by the IRS. The IRS anticipates the guidance will establish a special due date, expected to occur in 2011, for the 2009 form 8955-SSA.
 
After the Form 8955-SSA and related instructions are available for filing, plan administrators should expect to have a reasonable amount of time to complete and file the form by the special due date. The information reported on the new form will be similar to the information previously required for Schedule SSA.
 
Caution: the special due date for Form 8955-SSA will not affect the time for filing the applicable Form 5500 or Form 5500-SF for the 2009 plan year through EFAST2.
 
10)  Plans are still required to keep a paper copy of Form 5500, with all required signatures, for their permanent records. 

 
 
 
Plan Reporting Calendar
 

 

2010 FILING DUE DATES FOR
CALENDAR YEAR PLANS
 
This calendar is not intended to be an exhaustive listing of every due date under the Code or ERISA, but rather reflects some of the most common due dates.

View Calendar 

Americans with Disabilities Act Turns 20!
 
The Americans with Disabilities Act (ADA), signed on July 26, 1990, by President George H.W. Bush, marked its 20th anniversary Monday. The ADA offers similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal. Disability is defined by the ADA as "a physical or mental impairment that substantially limits a major life activity." The determination of whether any particular condition is considered a disability is made on a case by case basis.

The landmark federal law led to reducing barriers for and eliminating discrimination in the workplace against persons with disabilities. The ADA prohibits discrimination based on disability in the areas of employment; public services, such as education, medical facilities, transportation and voting booths; public accommodations and commercial facilities, such as stores, hotels, restaurants, recreation areas, theaters and arenas; and telecommunications. Although the ADA prohibits discrimination in job recruitment, hiring, promotions, training or pay, one of the biggest areas they are still trying to improve is getting qualified disabled people jobs.

In addition to improvements in the workplace, thanks to the ADA, city buses and trains in the United States have lifts or ramps for wheelchairs, priority seating signs, handrails, slip-resistant flooring and information stamped in Braille. Emergency call centers are equipped with telecommunications devices for the deaf, and federally funded public service announcements have closed captioning. Sidewalks have curb cuts (ramps), and public restrooms have special stalls for persons in wheelchairs.
 
ADA compliance is not an easy task. If you feel you need an ADA compliance audit, or help with complying with all or a portion of the Act, please call.

 
mh group
 How to Track Government Recovery Spending
 
"The Board shall establish and maintain...a user-friendly, public-facing website to foster greater accountability and transparency in the use of covered funds. The website...shall be a portal or gateway to key information relating to the Act and provide connections to other government websites with related information." 

 
Tips for Understanding Nonverbal Communication
 
 
Recognize that people communicate on many levels. Watch their facial expressions, eye contact, posture, hand and feet movements, body movement and placement, and appearance and passage as they walk toward you. Every gesture is communicating something if you listen with your eyes. Become accustomed to watching nonverbal communication and your ability to read nonverbal communication will grow with practice.
 
  • If a person's words say one thing and their nonverbal communication says another, you are wont to listen to the nonverbal communication - and that is usually the correct decision.
  • Assess job candidates based on their nonverbal communication. You can read volumes from how the applicant sits in the lobby. The nonverbal communication during an interview should also elucidate the candidate's skills, strengths, weaknesses, and concerns for you.
  • Probe nonverbal communication during an investigation or other situation in which you need facts and believable statements. Again, the nonverbal may reveal more than the person's spoken words.
  • When leading a meeting or speaking to a group, recognize that nonverbal cues can tell you:
    --when you've talked long enough,
    --when someone else wants to speak, and
    --the mood of the crowd and their reaction to your remarks.
    Listen to them and you'll be a better leader and speaker.
 
Understanding nonverbal communication improves with practice. The first step in practice is to recognize the power of nonverbal communication. I'm sure you've had gut feelings that what a person said to you was untrue. Listen to your gut. Along with your life experiences, training, beliefs and all that make up your past, it's your inner expert on nonverbal communication. 
 
 
about MFYCO ...

  • Michael F. Yates & Company, Inc. can help you with a variety of services ranging from retirement plans to providing results-oriented survey instruments, training and development programs for your employees. Our products and services are intended to help you maximize the effectiveness of your Human Resources function.

  • These products and services incorporate our years of experience so that you receive rapid results and exceptional value. From onsite consulting, to strategic business integration, to Web enablement, we understand how Human Resources can be applied to solve your problems and achieve your goals. As a result, we can help you get the most out of your investment and turn your most precious resource into a competitive advantage.

  • We offer Consulting, Retirement Planning, Pension and 401(K) both qualified and non qualified Plans, Welfare Plans, Communications, Computer Systems, Executive Plans, Compensation, Mergers, Acquisitions, Divestitures and Other Services. 

    We offer a true and honest, Client Partnership.

Take the Michael F. Yates & Company, Inc. challenge!

Call us today ... 908-689-4200 


 
 

  
Michael F. Yates & Company, Inc.
_________________
 
101 Belvidere Avenue
P.O.Box 7
Washington, NJ 07882-0007 
 
908-689-4200

fax: 908-689-6300
 
email: [email protected]

 
 
 (RELAX) 
 
Be careful of what you ask...


A lawyer and a woman executive are sitting next to each other on a long flight from LA to NY. The lawyer leans over to the executive and asks if she would like to play a game. The executive just wants to take a nap, so she politely declines and rolls over to the window to catch a few winks. The lawyer persists and explains that the game is really easy and a lot of fun. He explains" I ask you a question, and if you don't know the answer, you pay me $5, and vice-versa." Again, she politely declines and tries to get some sleep. The lawyer, now somewhat agitated, says, "Okay, if you don't know the answer you pay me $5, and if I don't know the answer, I will pay you $500!." (Figuring that since he is a lawyer that he will easily win the match.) This catches the executive's attention and, figuring that there will be no end to this torment unless she plays, agrees to the game. The lawyer asks the first question. "What's the distance from the earth to the moon?" The executive doesn't say a word, reaches in to her purse, pulls out a five dollar bill and hands it to the lawyer. Now, it's the executive's turn. She asks the lawyer: "What goes up a hill with three legs, and comes down with four?" The lawyer looks at her with a puzzled look. He takes out his laptop computer and searches all his references. He taps into the plane's Wi-Fi and searches the Net and the Library of Congress. Frustrated, he sends E-mails to all his coworkers and friends he knows. All to no avail. After over an hour, he wakes the executive and hands her $500. The executive politely takes the $500 and turns away to get back to sleep. The lawyer, who is more than a little miffed, wakes the executive and asks, "Well, so what IS the answer!?" Without a word, the executive reaches into her purse, hands the lawyer $5, and goes back to sleep.
 
 
 
Our staff and firm are proud
members
of the following professional organizations:

Society of Actuaries
 
American Society of Pension Professionals & Actuaries

Society for Human Resource Management

WorldatWork

 American Management Association
 
National Federation of Independent Business

Better Business Bureau
 
 

Terms of Use
COP

The site ("from the HR perspective" hence herein referred to as MFYCO.com) is made available by Michael F. Yates & Company Incorporated. All content, information and software provided on and through 'from the HR perspective' and MFYCO.com ("Content") may be used solely under the following terms and conditions ("Terms of Use").

YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THIS SITE.  
 
Mike's Best Friend 
 
"Human Resources  provides the leadership, supportive services, guiding principles, policies, structures and standards needed for a quality organization to survive in today's business environment."
 
 MFYCO PRIVACY POLICY

 
Michael F. Yates & Company, Inc. 
believes strongly in protecting the privacy of its users.


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