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June 17, 2005

Lower Costs or Hidden Problems: The Legal Concerns for ETFs in 401k Plans - Summary: Investment in Exchange Traded Funds ("ETFs") is growing, to the tune of nearly $250 billion, but we have not seen corresponding growth in 401k plans. This is in part because mutual funds dominate the 401k business, but also because ETFs as an investment option are misunderstood as to their risk and reward for 401k plan sponsors and plan investors. Located at: 401khelpcenter.com. Click on headline for full article.

Lifecycle Funds Let You do the Retirement 'One-Step' - Summary: While their performance isn't exactly sexy, these funds do offer a smoother ride in turbulent markets than the average equity fund. Called lifecycle funds - a moniker that cuts across a range of categories - they meet a growing demand for ready-made diversification and simplicity, especially among investors planning for retirement. Located at: The Christian Science Monitor (free registration required). Click on headline for full article.

New "Fidelity Retirement Index" Reports America's Retirement Readiness - Summary: The typical working American household is on track to replace an estimated 59 percent of projected pre-retirement income in retirement, according to a first of its kind analytical index designed to track the nation's retirement readiness unveiled today by Fidelity Investments. Located at: 401khelpcenter.com. Click on headline for full article.

401ks Spring A Leak - Summary: Boomers are switching out of their accounts -- and mutual funds are hurting. The net inflows into workplace savings plans have been shrinking for a half-dozen years. Located at: BusinessWeek Online. Click on headline for full article.

ASPPA Supports the Retirement Savings and Security Act of 2005 - Summary: American Society of Pension Professionals & Actuaries expresses support for the Retirement Savings and Security Act of 2005, co-sponsored by Senators Gordon H. Smith (R-OR) and Kent Conrad (D-ND). Located at: ASPPA. Click on headline for full article.

Fiduciary Issues


ERISA Fiduciary Responsibility and Liability - Summary: A summary of the rules defining ERISA fiduciary responsibility, including an overview of liabilities arising from fiduciary breaches. The document is organized in "Q&A" form. Located at: Dechert LLP (PDF file). Click on headline for full article.

Your 401ks New Hero - Summary: Don Trone is like an action hero for 401k plans. The first thing you notice when you meet him is his no-nonsense shaved head. Then you notice his action-ready, foot-planted stance, like a constable about to deliver an arrest warrant. This is no gray-suited legal drone. Mr. Trone's weapon is a single word: fiduciary. Located at: Dallas Morning News (free registration required). Click on headline for full article.

Technical Tips


Catch-up Contributions under USERRA - Summary: Regarding catch-up contributions and USERRA, if someone returns to work after three years, can they make catch-up contributions for the years they were gone? How are limits applied to these contributions? How is testing done? Located at: Reish Luftman Reicher & Cohen. Click on headline for full article.

Department of Labor and IRS Issues


401k Danger Signs - Summary: Highlighting an often overlooked risk in 401k plans, the Department of Labor has sued a defunct San Francisco engineering firm for not forwarding employees' 401k contributions into their retirement accounts. Located at: San Francisco Chronicle. Click on headline for full article.

IRS Employee Plans News Special Edition, June 2005 - Summary: Highlights of the proposed 415 regulations issued May 31, 2005. Containing all of the rules on maximum benefits and contributions, the proposed 415 regulations - when finalized - will provide the benefits community with a one-stop resource for their questions on this oft confusing section of the Code. Located at: 401khelpcenter.com. Click on headline for full article.