REPTECH Report
Issue: # 56 June, 2008
Welcome to the REPTECH Report. Our goal is to keep you up to date  on the news and rules affecting your plan. 
 
But this is also your medium. We want to hear from you. Send questions or comments to our web editor at the address below.  
 
Meantime, please join us for our June issue.
The Taxman Can Cometh and Lien-ith
CCO on delinquencies v. plan benefits
How can they do it? To borrow a line from the Beatles -- "'Cause I'm the Taxman."
 
The Chief Counsel's Office (COO) recently advised the Internal Revenue Service that it can put a lien on one's retirement benefits if that person is tax delinquent. But the agency can't jumpstart a distribution by suspending a taxpayer's participation in the plan, with an eye on collecting sooner.
 
Indeed, if you don't pay up on taxes, the IRS can put a tax lien or levy on your "present" property, and retirement plans are not exempt from that definition. That means benefits are fair game. Moreover, the taxpayer needn't be receiving those benefits. A present right to future benefits is good enough for levying purposes.
 umbrella man
But CCO -- a 1,400-attorney office that advises the IRS commissioner on tax issues and law -- further noted that the IRS can't assume a delinquent taxpayer's right to stop participating in the plan. Likewise, the plan administrator needn't turn over the funds before the participant is eligible to receive them. 
 
A caveat: The CCO also suggested that the IRS instead go down to the taxpayer's district court and put a Code Section 7403 lien forclosure lawsuit on the benefits.
 
Generally, the IRS has ten years to collect a delinquent tax under a lien. Section 7403 in part allows the agency to enforce the lien through court action, if necessary. 
Restatement Reminder
New plan documents will comply with new laws
You've seen the signs and taken note. Now restatement time has arrived. These document changes will bring your plan into compliance with the Economic Growth and Tax Reconciliation Act of 2001 (EGTRRA). And so, just a quick refresher:
 
  • All prototype and volume submitter plans must be amended and restated within the next two years.
  • Defined Contribution plan restatements started in May 2008 and will be completed by April 30, 2010
  • Defined Benefit plan restatements start in January 2010 and must be finished by January 2012.
EBSA Seeks 7 Day Deposit Rule
Intent to enhance compliance and clarity
Remember the elective 401(k) contribution timing rule: Contributions must be made "on the earliest date on which such contributions can be reasonably segregated from the employer's general assets"?
 
401k eggBy the time you even read all of that, your deadline was nearly up.
 
To ensure compliance and understandability, the Employee Benefits Security Administration (EBSA) has proposed, for plans with fewer than 100 participants, that deposits be made within seven business days of contribution. The same rule applies to participant loan repayments.
 
As before, the contributions would be considered deposited when made to the trust. And take heart: DOL says if those deposits occur on the seven-day plan prior to the effective date of the new regulations, it won't assert an ERISA violation. The agency took comments until April 29, and is considering the final ruling.
 
Finally, if your plan has more than 100 participants, don't relax yet. EBSA is eyeing the same rule for larger plans.
Ask An Analyst 
FAQs answered by REPTECH's QKAs
An employee is going to become eligible for our plan. What should we give him to get him enrolled?
 
Very good question. An employer wants to ensure this process is complete and accurate.
 
If it is a 401(k) plan, the employee should receive an enrollment package about 30 days before their plan entry date, talking headswhich includes a salary reduction agreement, a beneficiary designation form, and an investment-selection form (if the plan designates participant-directed investments). These forms are found in the investment provider's package, along with detailed information on the investment options. When applicable, these forms may be provided by REPTECH.
 
All plans, including those without 401(k) contributions, should have each participant complete a beneficiary designation form to be kept in the employer's permanent records.
 
For plans that allow participation on or shortly after the employee's hire date, this information can be included with the employee's new hire package.
 
All plans should distribute a Summary Plan Description, preferably with the enrollment package, before an employee becomes eligible. Technically, however, ERISA requires an employer to give the SPD to a new participant within 90 days after the eligibility date. In the case of new plans, an employer has 120 after the plan is established to distribute the SPD. For example, even if the plan is executed on December 1 with a retroactive effective date of January 1, the employer has 120 days after the plan execution date to distribute the SPD.
 
If the employer has a Safe Harbor contribution feature as part of the 401(k) plan, the participant should receive a Safe Harbor Notice for the current year. Safe Harbor notices are provided annually by REPTECH.
 
 * Web Editor's Note: Each issue, one of REPTECH's analysts will briefly answer a question commonly asked by our customers. If you have a question, send it to webeditor@reptech.com, and we may answer it in a future issue.
When Workers Won't Invest
Boost savings through plan design
Plan Apathy. Put it together and it almost sounds like a medical specialty. But to employers, it means motivating employees to enroll and save in the company 401(k).
 
A solution from a trio of UCLA professors -- use plan design to motivate401k egg savings, including via the profs' trademarked Save More Tomorrow program.
 
In a 2007 study that reviewed enrollment behavior, the profs noted that, "(I)nvestors are relatively passive. They are slow to join advantageous plans, make infrequent changes, and adopt naive diversification strategies."
 
The study discusses three plan design possibilities:
  • Automatic enrollment;
  • Offering "model portfolios that have varying degrees of risk," such as lifestyle funds. Another choice: target maturity funds, which match participants and expected retirement dates;
  • The Save More Tomorrow program, which "invites participants to pre-commit to save more every time they get a pay raise." The effect: With sychronized pay raises and savings increases, participants still see their pay go up, and "don't view their increased retirement contributions as a loss." The program uses "inertia to increase savings rather than prevent savings." 
Read the study, The Behavior Economics of Retirement Savings Behavior, at AARP's website.
Did You Know...
  • Buried deep on page 54 of the PBGC's 127-page Pension Insurance Data Book 2006 is a list of the Top 10 Firms Presenting Claims (1975-2006). Four are airlines, four have "steel" in their names, one is an aluminum company and one and insurer. Who tops the list? Far and away, United Airlines did, with $61,076 per each of 122,541 vested participants in four plans.
  • The IRS says it has found a few trends in plan maintenance problems, including "not using the plan definition of compensation when administering the plan," not applying correct matching amounts, exceeding annual limitations and late contribution deposits. Check out the report yourself on the IRS web site.
  • Wondering how your costs compare? Check out page 8 of a January 2008 EBRI report: "In 2006, both public and private employers spent a gross total of about $2.33 trillion for major employee benefit programs. This is up almost 50 percent from 2000."  -- EBRI.org
In This Issue
Taxman Cometh & Lien-ith
7-Day Deposit Rule
Ask An Analyst
Quarterly Quote

"(W)hat is striking in the survey is the pervasiveness of the self-acknowledged savings deficit at every income level from the relatively well-to-do to the lowest income stratum."

-- From Feeling Guilty: Americans Say They Aren't Saving Enough. PewResearchCenter Publications, May 14, 2008. See Report Here
News Brief
As of April 2008, the industry was expecting a Code Sec. 402(f) model notice update from the IRS. The model entails a safe harbor explanation employers can hand out regarding rollover distributions. It should include Notice 2008-30 provisions covering PPA rules. 
Fast Facts

Wondering how much to save for retirement? While calculating that, consider this:

  • Historically, the average retirement age in America is 62.
  • Retirees buy more services than goods. Services have a higher inflation rate than goods.
  • Medical inflation is 2x the national average.
 
--  David A Littell and Kenn Beam Tacchino, Financial Decisions for Retirement
Contacts
Eileen Baldwin-Shaw
Vice President
303-327-5545
ebaldwin@reptech.com
 
Don Oldag
Director of Marketing
303-327-5316
doldag@reptech.com
 
Ralph W. Shaw
President/General Counsel
303-327-5544
rshaw@reptech.com
 
 
REPTECH
 6400 S. Fiddler's Green Circle
Suite 500
Greenwood Village, CO 80111
Main: 720-489-8700
Fax: 720-489-8444
Toll Free: 877-291-4015
 
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