Tag Archives: governmental retirement plan

Why Hire A “3(38)” Adviser For A Public Agency 457(b) Or 401(a) Plan?

Most public sector retirement plan sponsors understand that even though their plans may not be subject to the fiduciary duties and responsibilities of ERISA, they are still subject to fiduciary duties under applicable State law.  Moreover, certain States like California … Continue reading

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Does Your Plan Have A Proper Fiduciary Structure?

Recently, we have dealt with an “epidemic” of retirement plans, both very large and very small, that all have the same problem – the lack of a proper fiduciary structure.  Why? As with so many personnel and benefits-related programs, new … Continue reading

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Chapter 32: How “Not” To Transition To A New Record-Keeper

Time and time again plan sponsors seriously disadvantage themselves and their plan participants by announcing the migration of their plan from one record-keeper to a new record-keeper before all the conditions for a smooth transition have been fulfilled.  Record-keepers know … Continue reading

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Chapter 28: Why Cashing Out PTO Next Year Doesn’t Work

Our efforts to educate employers about the dangers and surprises associated with PTO cash‑outs (see, Chapter 13 and “When Having Your Cake and Eating It May Be a Bad Thing: Cautions About Cash-Outs of Unused Leave Or PTO”) are having … Continue reading

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Chapter 19: Get the IRS’ Blessing for Your 401(a) Plan – Before It’s Too Late

The IRS has just announced major changes to its program for reviewing and approving the qualified status of certain retirement plan documents (see, Announcement 2015-19).  Essentially, the Service is doing away with its program for issuing determination letters as to … Continue reading

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Chapter 16: Same-Gender Spouse Ruling Requires Review Of Public Retirement Plans

On June 26, 2013, in United States v. Windsor (Windsor), the Supreme Court decided that section 3 of the Defense Of Marriage Act (DOMA) was unconstitutional.  DOMA had limited “marriage” to opposite-gender couples for purposes of federal law.  As result … Continue reading

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Chapter 11: Exercise Caution When Using a Pre-approved “Governmental” Retirement Plan

In the governmental non-ERISA marketplace, there are a number of investment providers and plan recordkeepers that offer and provide retirement plan documents for use by governmental employers that have been “pre-approved” by the IRS. Typically, these plans consist of a … Continue reading

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Chapter 5: Why Governmental Employers Should Care About Their Reporting Of Employee’s Wages

This entry comes to you with the help of my colleague Wendy Tauriainen. A couple of weeks ago we got to talking about the fact that dozens, if not hundreds, of local governments and special districts appeared to be ignoring … Continue reading

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Chapter 4: A Lesson From The “Show Me” State

Although governmental plans are not subject to ERISA, all are subject to a combination of State and common law fiduciary rules – many of which (including California’s) contain language identical to the standards of ERISA. Most fiduciaries of public agency … Continue reading

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