401(k) Answer Book. by Great-West Retirement Services Edition. Highlights of the 2011 Edition. Law & Business

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1 401(k) Answer Book 2011 Edition by Great-West Retirement Services 401(k) Answer Book is the most comprehensive one-volume desk reference for pension administrators, human resources managers, fund managers, trustees, accountants, attorneys, consultants, financial advisors, and anyone who deals professionally with 401(k) plans. The authors, all experts in the 401(k) field, draw on their years of experience to present the information you need to know in an easy-to-use format. Highlights of the 2011 Edition The 2011 Edition of 401(k) Answer Book brings the practitioner up to date on legal and regulatory updates and other recent developments that have had an impact on retirement plans, including: Updates from the U.S. Department of Labor (DOL) relating to Form 5500 filing requirements, including changes to Schedule C reporting of service provider fees and the new electronic filing requirements under EFAST2 DOL interim final regulations under ERISA Section 408(b)(2) on service provider fee disclosures IRS guidance regarding contributions of paid time off (PTO) to a 401(k) plan under Revenue Rulings and SEC and DOL developments regarding target date funds Information on guaranteed benefit/lifetime income investment products in the 401(k) context SEC proposed measures involving 12b-1 fees IRS guidance related to the Heroes Earnings Assistance and Relief Tax (HEART) Act of 2008 under IRS Notice IRS guidance on implementing the 2009 waiver of minimum distribution requirements, including clarifications related to plan amendments and withholding rules under Notice Information on Your Rollover Options, the new model notices under Internal Revenue Code Section 402(f) Law & Business 401(k) Answer Book September 14, :57

2 Updated information on Eligible Investment Advice Arrangements (EIAAs) under DOL Proposed Regulation Section g-1 DOL developments regarding the definition of a fiduciary under ERISA Safe harbor timeframe for depositing salary deferral contributions under DOL Regulation Section (a)(2) Link to IRS informal guidance on correcting a failure to implement an automatic enrollment provision Information on calculating earnings adjustments in determining corrective allocations or distributions under the IRS s correction programs Correcting a plan failure to timely amend for changes in the law under IRS correction procedures Information on Eligible Combined Plans, a new design feature for maintaining a defined contribution and defined benefit plan on a combined basis Fiduciary considerations surrounding the selection of target date funds and guaranteed lifetime income investment products for a plan Links to IRS information on retirement plans for small businesses Status of Roth conversions in a 401(k) plan and related legislative activity Use of a mutual fund s Summary Prospectus to satisfy the ERISA Section 404(c) prospectus delivery requirements under DOL Field Assistance Bulletin Updates to IRS determination letter procedures under IRS Revenue Procedure Special controlled group rules that apply to organizations that are exempt from tax under Code Section 501(a) Updates to limits throughout to reflect 2010 cost-of-living-adjustments Section 404(c) protection if a merger/spin-off results in a blackout Additional guidance on safe harbor exemption from ERISA for 403(b) plans under DOL Field Assistance Bulletin Form 5500 transitional guidance for 403(b) plans under DOL Field Assistance Bulletins and IRS developments related to establishing a 403(b) prototype plan program under IRS Announcements and (k) Answer Book September 14, :19

3 Updated charts comparing 401(k) plans with alternative plans SEPs, SIMPLEs, 403(b), and nonqualified deferred compensation plans PPA-created automatic enrollment design opportunities: Automatic contribution arrangement (ACA), eligible automatic contribution arrangement (EACA), and qualified automatic contribution arrangement (QACA) IRS final regulations on EACAs and QACAs Up-to-date automatic enrollment sample notice templates and comparison charts Qualified reservist distributions (QRDs) under the HEART Act DOL 2008 proposed regulations that would require disclosure to participants of certain investment- and fee-related information Information on when plan document updates are due for HEART, WRERA, and other legal developments New rules impacting truth-in-lending disclosure requirements applicable to participant loan programs DOL Field Assistance Bulletin providing guidance on ERISA bonding requirements Automatic enrollment plans and safe harbor 401(k) plans, including requirements applicable to a mid-year reduction to a safe harbor contribution Final DOL regulations and subsequent clarifying guidance on qualified default investment arrangements (QDIAs) under ERISA Section 404(c) IRS correction program for Section 409A plan documents under Notice Information on the elimination of the income limit for Roth IRA conversions Information on application of the Defense of Marriage Act (DOMA) in the 401(k) context The 401(k) Answer Book also offers practitioners a wealth of materials and guidance, including: A chart of key participant disclosures and notices with cross-references to chapters for detailed information Up-to-date sample notice templates for safe harbor 401(k) plan notices, automatic enrollment notices, and QDIA notices 401(k) Answer Book September 14, :19

4 Sample Section 404(c) checklist reflecting QDIAs Information on rollover rights of nonspouse beneficiaries A chart detailing allowable rollovers to and from various retirement vehicles Model notice for an Eligible Investment Advice Arrangement (EIAA) Practical information on partial plan terminations, plan mergers, and spinoffs Fiduciary guidelines for selecting an annuity payment option The DOL field assistance bulletin on responsibilities of trustees with regard to the collection of delinquent contributions Fiduciary liability after the Supreme Court s decision in LaRue v. DeWolff, Boberg & Associates, Inc. IRS guidance on rollovers to Roth IRAs and other distribution-related provisions of the PPA Information on qualified optional survivor annuity (QOSA) requirements under Code Section 417 and IRS Notice IRS guidance under Code Section 401(a)(35) on the diversification rules applicable to plans that invest in employer securities DOL guidance on participant statement requirements ERISA Spending Accounts and other ways to manage plan expenses The definition of compensation under the final Code Section 415 regulations IRS final regulations on PPA-related provisions: Accelerated vesting schedules for nonelective contributions, 180-day distribution notice period, and Hardship distributions on account of expenses incurred by a beneficiary other than the participant s spouse or dependent Current rules on the use of electronic technologies for satisfying notice and consent requirements Final regulations on the Roth 401(k) feature Information on analyzing the Roth 401(k) option Detailed information on selecting service providers, including guidance from the Securities and Exchange Commission (SEC) and the DOL 401(k) Answer Book September 14, :24

5 DOL guidance on allocating settlements from mutual funds from market timing activity The appendices, glossary, end matter tables, and Index also have been completely updated to reflect the contents of this edition. 10/10 For questions concerning this shipment, billing, or other customer service matters, call our Customer Service Department at For toll-free ordering, please call Aspen Publishers. All Rights Reserved. 401(k) Answer Book July 28, :50

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