Pension Protection Act of 2006

1. Pension Protection Act of 2006 1 Presented By Adam C. Pozek, QKA, RHU, REBC And ElizaBeth Wright Shaping Your Retirement World Actuaries  Pension Consultants Thursday, August 17, 2006

2. Pension Protection Act of 2006 2  Passed by House of Representatives on July 28th  Passed by the Senate on August 3rd  President Bush to sign TODAY Shaping Your Retirement World Actuaries  Pension Consultants

3. Pension Protection Act of 2006 3 Shaping Your Retirement World Actuaries  Pension Consultants

4. 4 EGTRRA Permanence  Increased contribution and deduction limits  401(k) deferrals  Compensation  Annual additions  Catch-up contributions  Roth 401(k) Shaping Your Retirement World Actuaries  Pension Consultants

5. 5 Automatic Enrollment Coming soon to a 401(k) plan near you… Æ Estimated to add $2 trillion to 401(k) accounts over the next 15 years Shaping Your Retirement World Actuaries  Pension Consultants

6. 6 August 17 th - History  1815 – Napoleon’s began his exile on St. Helena.  1903 – Joseph Pulitzer donated $1 million to Columbia University.  1996 – The Reform Party announced its first Presidential candidate – Ross Perot.  1998 – President Clinton admitted his “improper relationship” with Monica Lewinsky  1998 – NationsBank and BankAmerica merged to create the largest U.S. Bank. Shaping Your Retirement World Actuaries  Pension Consultants

7. 7 Auto Enrollment  ERISA pre-emption of state withholding laws  Notice requirement  Right not to defer or to defer a different percentage  Default investment  ERISA penalty of up to $1,100 per day for failure to provide  6 months to refund excess contributions Shaping Your Retirement World Effective for plan years beginning on or after January 1, 2008. Actuaries  Pension Consultants

8. 8 Take A Mulligan  Within 90 days of first withholding  Total amount of automatic deferrals plus earnings  Treated as ordinary compensation when distributed  10% penalty waived  Excluded for testing purposes Shaping Your Retirement World Effective for plan years beginning on or after January 1, 2008. Actuaries  Pension Consultants

9. 9 A New Safe Harbor Option  Automatic enrollment into 401(k)  Year #1 – 3%  Year #2 – 4%  Year #3 – 5%  Year #4 – 6% Shaping Your Retirement World Actuaries  Pension Consultants Effective for plan years beginning on or after January 1, 2008.

10. 10 A New Safe Harbor Option  Auto enrollment only applicable to participants with no current election on file Participant A – Never returned deferral election form Participant B – Turned in form electing not to defer Participant C – Currently contributing 2% of pay Shaping Your Retirement World Actuaries  Pension Consultants Effective for plan years beginning on or after January 1, 2008.

11. 11 A New Safe Harbor Option  Employer contribution options  100% of the first 1% plus 50% of the next 5%  3% QNEC  2-year cliff vesting  Regular distribution restrictions and notice requirements apply Shaping Your Retirement World Actuaries  Pension Consultants Effective for plan years beginning on or after January 1, 2008.

12. A Rose By Any Other Name 12 Qualified Automatic Contribution 401(k) QuAC(k) Qualified Automatic Contribution Arrangement QACA Shaping Your Retirement World Actuaries  Pension Consultants Effective for plan years beginning on or after January 1, 2008.

13. 13 Open Questions  Notice requirement  Do you have to provide it to those not subject to automatic enrollment/increases?  Mulligans  How do we handle distribution fees and Form 1099R reporting?  Eligibility  How do plans handle split eligibility? Shaping Your Retirement World Actuaries  Pension Consultants Effective for plan years beginning on or after January 1, 2008.

14. 14 ADP/ACP Testing Changes  Taxation of corrective refunds  Current – depends on timing  New – always taxed in year of distribution  Gap period income  Prior to 1/1/2006 - Maybe  As of 1/1/2006 – Yes  As of 1/1/2008 – No Effective for plan years beginning on or after January 1, 2008. Shaping Your Retirement World Actuaries  Pension Consultants

15. 15 Fiduciary Issues Shaping Your Retirement World Actuaries  Pension Consultants

16. 16 August 17 th - Birthdays  Davy Crockett - 1786  Robert De Niro – 1943  Belinda Carlisle – 1958  Sean Penn – 1960 Shaping Your Retirement World Actuaries  Pension Consultants

17. Participant Investment Advice 17  Current law  Plan sponsor has liability for any advice given to participants  Prohibited transactions for commission-based advisors Shaping Your Retirement World Actuaries  Pension Consultants Effective for plan years beginning on or after January 1, 2007

18. Participant Investment Advice 18  Fee-based advisors  Compensation not affected by participant elections  Commission-based advisors  Advice generate by a computer model  Plan fiduciaries  No liability for advice or resulting elections Shaping Your Retirement World Actuaries  Pension Consultants Effective for plan years beginning on or after January 1, 2007

19. 19 Plan Sponsor Obligations  Due diligence in selecting advice provider  Ongoing monitoring of advice provider  Annual independent audit by someone who  “has appropriate technical training or experience and proficiency and  who so represents in writing” Shaping Your Retirement World Actuaries  Pension Consultants Effective for plan years beginning on or after January 1, 2007

20. 20 Provider Disclosures  Acknowledgement of fiduciary status  All fees and compensation  Historical performance of all options  Material relationships between advisor and investments options  Manner in which participant info will be used  Participant’s right to seek other advice Shaping Your Retirement World Actuaries  Pension Consultants Effective for plan years beginning on or after January 1, 2007

21. 21 Other Requirements  Formal arrangement between plan sponsor and advice provider  Advice provider to maintain evidence of compliance for 6 years  Resulting transactions at least as favorable as arms-length transactions Shaping Your Retirement World Actuaries  Pension Consultants Effective for plan years beginning on or after January 1, 2007

22. 22 Computer Model  Generally accepted investment theory  Relevant information about participant  Objective criteria considering all options  Not biased in favor of investments offered by advice provider  Certification by eligible investment expert  Exclusive advice Shaping Your Retirement World Actuaries  Pension Consultants Effective for plan years beginning on or after January 1, 2007

23. Default Investments & 404(c) 23  Current  No guidance  Debate over money market, balanced fund, etc.  No 404(c) protection Shaping Your Retirement World Effective for plan years beginning on or after January 1, 2007. Actuaries  Pension Consultants

24. Default Investments & 404(c) 24  New  Notice required  Participant treated as directing the investment  DOL to issue regulations and model notice within 6 months Shaping Your Retirement World Effective for plan years beginning on or after January 1, 2007. Actuaries  Pension Consultants

25. 25 Fund Mapping & 404(c)  Transferring assets from one fund to another like option  S&P 500 Index Fund to S&P 500 Index Fund  Eliminates need for participants to complete new paperwork  Usually in conjunction with change in vendors  Currently no 404(c) protection Shaping Your Retirement World Actuaries  Pension Consultants

26. 26 Fund Mapping & 404(c)  Notice 30 – 60 days in advance  Comparison of old and new options  Explanation of default action to be taken  No affirmative instruction from participant  Investment prior to mapping resulted from participant direction Shaping Your Retirement World Effective for plan years beginning on or after January 1, 2008. Actuaries  Pension Consultants

27. 27 Blackout Periods & 404(c)  Participants suspended from exercising certain rights under the plan  Usually during a transition between service providers  May also occur during system upgrades  Must last at least 3 business days Shaping Your Retirement World Actuaries  Pension Consultants

28. 28 Blackout Periods & 404(c)  Participant notice 30 days prior to blackout  Identify beginning and ending week  Explain rights and investments affected  Advise as to the prudence of a diversified portfolio  Penalties of $100 per day per participant for failure to give notice  No 404(c) protection Shaping Your Retirement World Actuaries  Pension Consultants

29. 29 Blackout Periods & 404(c)  Requires proper implementation of blackout  DOL to issue regulations  Within 1 year of enactment  Will include safe-harbors for fiduciaries Shaping Your Retirement World Effective for plan years beginning on or after January 1, 2008. Actuaries  Pension Consultants

30. 30 Enron Reactionary Items Shaping Your Retirement World Actuaries  Pension Consultants

31. August 17 – Sports & Entertainment th 31  1894 – Pitcher John Wadsworth set a major league record by giving up 28 singles in a game.  1939 – The Wizard of Oz premiered.  1970 – Christine McVie became the first female member of Fleetwood Mac.  1973 – Lee Trevino got his first hole in one.  1984 – Elton John announced his retirement on the opening night of his Breaking Hearts Tour. Shaping Your Retirement World Actuaries  Pension Consultants

32. Accelerated Diversification Rights 32  Applies to defined contribution plans holding employer securities  Exemptions for…  Plans with privately held stock  ESOPs that do not hold employee contributions or employer match  Must offer at least 3 options Shaping Your Retirement World Effective for plan years beginning on or after January 1, 2007. Actuaries  Pension Consultants

33. Accelerated Diversification Rights 33  Employee contributions  Immediate  Employer contributions  Completion of 3 years of service  Frequency  Same as other investment transfers  At least quarterly Effective for plan years beginning on or after January 1, 2007. Shaping Your Retirement World Actuaries  Pension Consultants

34. 34 Transition Period  3-year transition for employer securities acquired prior to 2007  Year #1 – 33%  Year #2 – 66%  Year #3 – 100%  Transition not available for those with 3 years of service and age 55 Shaping Your Retirement World Actuaries  Pension Consultants Effective for plan years beginning on or after January 1, 2007.

35. 35 Notice Requirement  30 days prior to date of eligibility to diversify  Importance of diversification  Penalty of $100/day/participant for failure to provide  Treasury to issue model within 6 months Shaping Your Retirement World Actuaries  Pension Consultants Effective for plan years beginning on or after January 1, 2007.

36. 36 Increased Bonding  Maximum bond for plans with employer securities is the lesser of…  10% of plan assets or  $1,000,000 Shaping Your Retirement World Actuaries  Pension Consultants Effective for plan years beginning on or after January 1, 2008.

37. 37 Make-Up Contributions  Additional IRA contributions of $3,000 per year  Employer in bankruptcy AND subject to indictment or conviction  Participant in 401(k) plan 6 months prior to bankruptcy filing  Employer match of at least 50% in company stock  Precludes catch-up contributions Shaping Your Retirement World Effective for tax years beginning from January 1, 2007 to December 31, 2009 Actuaries  Pension Consultants

38. 38 Miscellaneous Shaping Your Retirement World Actuaries  Pension Consultants

39. 39 August 17 th - Music  1944 – Is You Is Or Is You Ain’t (Ma’ Baby) by Louis Jordan  1968 – Born To Be Wild by Steppenwolf  1976 – You Should Be Dancing by Bee Gees  1984 – Ghostbusters by Ray Parker, Jr. Shaping Your Retirement World Actuaries  Pension Consultants

40. Qualified Reservist Distributions 40  Called to active duty for at least 179 days  Active duty began between September 11, 2001 and December 31, 2007  Distribution from IRA, 401(k) or 403(b) during active duty Shaping Your Retirement World Actuaries  Pension Consultants Effective on date on enactment

41. Qualified Reservist Distributions 41  Waiver of 10% early withdrawal penalty  Re-contribution  Up to full amount of distribution  Within 2 years of completion of active duty Shaping Your Retirement World Actuaries  Pension Consultants Effective on date on enactment

42. 42 Rollovers  Non-spouse beneficiaries  After-tax contributions Shaping Your Retirement World Actuaries  Pension Consultants Effective for distributions after December 31, 2006

43. 43 Rollovers  Directly from plan to Roth IRA  Taxable in year of rollover  Subject to AGI limits for Traditional/Roth IRA conversions Shaping Your Retirement World Actuaries  Pension Consultants Effective for distributions after December 31, 2007

44. 44 Form 5500  Waiver of Form 5500-EZ filing  One-person plan with assets under $250k at EOY  Simplified Form 5500  Plans with fewer than 25 participants at BOY  No controlled group, affiliated service group or leased employees  Intranet posting Shaping Your Retirement World Actuaries  Pension Consultants Effective for plan years beginning on or after January 1, 2007

45. Quarterly Participant Statements 45  Based on most recent information available  Value of each investment  Importance of well-balanced, diversified portfolio  Link to DOL website for more information  Electronic or hard-copy Shaping Your Retirement World Actuaries  Pension Consultants Effective for plan years beginning on or after January 1, 2007

46. Quarterly Participant Statements 46  On-demand statements?  Brokerage account statements? Shaping Your Retirement World Actuaries  Pension Consultants Effective for plan years beginning on or after January 1, 2007

47. 47 Cash Balance Plans  Legality clarified with regard to ADEA  Whipsaw eliminated  3-year vesting required  IBM decision Shaping Your Retirement World Actuaries  Pension Consultants Effective for plans established after date of enactment.

48. 48 Cash Balance Plans  XYZ Professional Firm  4 partners earning $500k+  9 other partners  62 non-partners  Current plan is 401(k) Profit Sharing Shaping Your Retirement World Actuaries  Pension Consultants Effective for plans established after date of enactment.

49. 49 Cash Balance Plans Current With Cash Balance Difference Partners over $500k $196,000 $896,000 $700,000 Other Partners $353,600 $402,000 $48,400 NonPartners $267,000 $347,300 $80,300 Total $816,600 $1,645,300 $828,700 Shaping Your Retirement World Actuaries  Pension Consultants Effective for plans established after date of enactment.

50. 50 DB(k) – The 414(x) Plan  Defined benefit component (3-year cliff vesting)  1% x YOS up to 20 years, or  Cash balance allocation based on age (2% to 8%)  Defined contribution component  Auto enrollment at 4%  Match of 50% of first 4% (immediate vesting)  Additional match and/or profit sharing permitted (3-year cliff vesting)  Limited to companies from 2 to 500 employees Shaping Your Retirement World Actuaries  Pension Consultants Effective for plan years beginning on or after January 1, 2010

51. 51 Other Stuff  Accelerated vesting for profit sharing contributions [Plan years beginning on or after January 1, 2007]  2/20 graded  3-year cliff  Interference with ERISA rights [Date of enactment]  $100,000 fine  10 years in prison  PBGC missing participant program for terminated DC plans [Issuance of regulations] Shaping Your Retirement World Actuaries  Pension Consultants

52. 52 Defined Benefit Provisions Shaping Your Retirement World Actuaries  Pension Consultants

53. 53 Overview  Terminology  Minimum Required Contribution  Maximum Tax Deductible Contribution  Restrictions, Lump Sums and Other Miscellaneous Items Shaping Your Retirement World Actuaries  Pension Consultants

54. 54 Terminology Review  Actuarial Funding Method – Any of several methods used to spread the cost of providing the promised benefits over future years  Normal Cost – The value of the benefits expected to accrue during the coming year. Some funding methods also incorporate actuarial gains and losses into the normal cost Shaping Your Retirement World Actuaries  Pension Consultants

55. 55 Terminology Review  Credit Balance – The accumulated excess of the employer contributions over the required minimum contributions  Additional Funding Charge (AFC) – For plans with over 100 participants, an additional amount added into the minimum required contribution based upon the funded percentage of the plan Shaping Your Retirement World Actuaries  Pension Consultants

56. 56 New Terminology  Funding Shortfall – The excess of the funding target over the adjusted assets Assets = 150 Credit Balance = 25 Funding Target = 200 Funding Shortfall = 200 – (150 – 25) = 75  Funding Excess – The excess of the adjusted assets over the funding target Assets = 250 Credit Balance = 25 Funding Target = 200 Funding Excess = (250 – 25) – 200 = 25 Shaping Your Retirement World Actuaries  Pension Consultants

57. 57 New Terminology  Funding Target – The present value of accrued benefits (PVAB) multiplied by the applicable percent 2008 92% 2009 94% 2010 96% 2011 100% Ex: 217 PVAB x 92% = 200 Funding Target Shaping Your Retirement World Actuaries  Pension Consultants

58. 58 New Terminology  Funding Standard Carryover Balance - The credit balance in existence at the end of the 2007 plan year.  Prefunding Balance – the excess, if any, of the post-2007 contributions over the minimum required contributions Shaping Your Retirement World Actuaries  Pension Consultants

59. 59 New Terminology  Funding Target Attainment Percentage (funding ratio) – the ratio of the adjusted assets to the Funding Target Assets = 150 Credit Balance = 25 Funding Target = 200 Funding Ratio = (150 – 25) / 200 = 62.5%  At-Risk Plan – a plan with more than 500 participants* whose funding ratio is less than 80% under the funding assumptions AND less than 70% under the at-risk assumptions * counts all DB plan participants in the controlled group Shaping Your Retirement World Actuaries  Pension Consultants

60. Minimum Contribution for DB Plans 60  New Measurement of Liabilities • Required Funding Method – Currently, several different funding methods available – Beginning in 2008, must use a prescribed method Shaping Your Retirement World Actuaries  Pension Consultants

61. Minimum Contribution for DB Plans 61  New Measurement of Liabilities (continued) • Required Interest Rates – Currently, the plan sponsor and actuary work together to determine an appropriate investment return assumption (except RPA ’94 liability) – Immediate relief for RPA ’94 current liability – Beginning in 2008, must phase-in the use of a segmented, corporate bond yield curve Shaping Your Retirement World Actuaries  Pension Consultants

62. Minimum Contribution for DB Plans 62  New Measurement of Liabilities (continued) • Required Mortality Table – Currently, the plan sponsor and actuary work together to determine an appropriate mortality table (except RPA ’94 liability) – Beginning in 2008, must use the table published by the Treasury Shaping Your Retirement World Actuaries  Pension Consultants

63. Minimum Contribution for DB Plans 63  New Measurement of Liabilities (continued) • At-Risk Assumptions – Assume those who retire within next 10 years will do so at earliest age – Assume those who retire will elect highest valued form of payment Shaping Your Retirement World Actuaries  Pension Consultants

64. Minimum Contribution for DB Plans 64  Measurement of Assets • Currently, can smooth assets over 5 years with result limited to between 80% and 120% of market value • In 2008, smoothing over a period not to exceed 24 months with result limited to between 90% and 110% of market value • In 2008, generally reduced by any credit balance Shaping Your Retirement World Actuaries  Pension Consultants

65. Minimum Contribution for DB Plans 65  Current Required Contribution Normal Cost + Amortizations + AFC – Credit Balance Normal Cost 35 Amortizations 30 Additional Funding Charge 10 Credit Balance (25) Minimum Contribution 50 Minimum may be reduced by Full Funding Limit Shaping Your Retirement World Actuaries  Pension Consultants

66. Minimum Contribution for DB Plans 66  2008 Required Contribution with Funding Excess Normal Cost - Excess Normal Cost 50 Funding Excess (20) Minimum Contribution 30 No Full Funding Limit Shaping Your Retirement World Actuaries  Pension Consultants

67. Minimum Contribution for DB Plans 67  2008 Required Contribution with Funding Shortfall Normal Cost + Shortfall Amortization + Waiver Amortization – Carryover/Prefunding Balance Normal Cost 50 Shortfall Amortization 13 Carryover/Prefunding Balance* (25) Minimum Contribution 38 * Can only be used if funding ratio is 80% or more Shaping Your Retirement World Actuaries  Pension Consultants

68. Minimum Contribution for DB Plans 68  2008 Required Contribution with Funding Shortfall and Alternative Credit Balance Handling  All or a portion of the credit balance is forfeited permanently  Forfeiting of the credit balance reduces the shortfall and increases the funding ratio  The minimum contribution becomes Normal Cost 50 Shortfall Amortization 8 Carryover/Prefunding Balance 0 Minimum Contribution 58 Shaping Your Retirement World Actuaries  Pension Consultants

69. Minimum Contribution for DB Plans 69 Increased Funding for At-Risk Plans  If the plan was at-risk for 2 out of the previous 4 years, • normal cost is increased by 4% • PVAB is increased by 4% and loaded by $700 per participant Shaping Your Retirement World Actuaries  Pension Consultants

70. Minimum Contribution for DB Plans 70  Strategy for At-Risk Plans - Forfeit Credit Balance and change the at-risk status Assets = 150 Credit Balance = 25 Funding Target (funding assumptions) = 175 Funding Target (at-risk assumptions) = 200 Keeping the Credit Balance: Funding ratio = (150 – 25) / 175 = 71.4% At-Risk ratio = (150 – 25) / 200 = 62.5% Funding ratio forfeiting credit balance = 150 / 175 = 85.7% Shaping Your Retirement World Actuaries  Pension Consultants

71. Maximum Tax Deductible Contribution 71  For 2006 and 2007, the maximum tax deductible contribution is increased from an amount to fund up to 100% of the current liability to an amount to fund up to 150% of the current liability  The minimum required contribution is always deductible Shaping Your Retirement World Actuaries  Pension Consultants

72. Maximum Tax Deductible Contribution 72 After 2007, the maximum tax deductible contribution will be increased compared to the current rules. After 2007, small plans (100 or fewer participants) cannot incorporate benefit increases during the previous 2 years Shaping Your Retirement World Actuaries  Pension Consultants

73. 73 Funding Ratio less than 80%  If the funding ratio is less than 80%, benefit increases are not allowed and lump sum payments are restricted  If the funding ratio is less than 60%, benefit accruals must be frozen and lump sum payments are not allowed Shaping Your Retirement World Actuaries  Pension Consultants

74. 74 Funding Ratio less than 80%  Strategy for At-Risk Plans - Forfeit Credit Balance and change the at-risk status Assets = 150 Credit Balance = 25 Funding Target (funding assumptions) = 175 Keeping the Credit Balance: Funding Ratio = 71.4% Forfeiting Credit Balance: Funding Ratio = 85.7%  Restrictions may be placed on assets set aside in non-qualified deferred compensation plans Shaping Your Retirement World Actuaries  Pension Consultants

75. 75 Lump Sum Distributions  Maximum allowable lump sum amount under §415 increases for 2006  Beginning in 2008, the required interest rate will be based on the corporate bond yield curve. The yield curve will be phased-in from 2008 through 2012.  Beginning in 2008, the mortality table will change. The table will be published by the Treasury. Shaping Your Retirement World Actuaries  Pension Consultants

76. 76 Reporting and Disclosure  In 2007, individual benefit statements will be required every 3 years  In 2008, the PBGC participant notice for plans paying the variable rate premium will be expanded  In 2008, the Form 5500 information expanded  In 2008, Summary Annual Report eliminated Shaping Your Retirement World Actuaries  Pension Consultants

77. 77 Miscellaneous  Phased Retirement in 2007 and later – Plans can provide in-service distributions to participants who are age 62 or older  Increased benefit and compensation limits from EGTRRA permanently extended – effective now  In 2007, plans must offer a Joint and at least 75% Survivor Annuity (collectively bargained plans have until 2008) Shaping Your Retirement World Actuaries  Pension Consultants

78. 78 Miscellaneous  Rules for using of excess pension plan assets to pay for retiree medical benefits will change.  Transfer of assets to separate account to be used for not less than 2 and not more than 10 years  Funding ratio must be at least 120%  Sponsor must continue retiree medical cost for the transfer period and 4 years thereafter  Can transfer up to the lesser of 1. assets in excess of 120% plus normal cost 2. retiree health cost for transfer period Shaping Your Retirement World Actuaries  Pension Consultants

79. 79 Miscellaneous  PBGC variable rate premiums will use the yield curve segment rates. The phase-in begins 2008.  For employers with 25* or fewer employees, the PBGC variable-rate premium is capped at $5 per participant. This begins after 2006. * considering all employees of the controlled group Shaping Your Retirement World Actuaries  Pension Consultants

80. 80 Questions Shaping Your Retirement World Actuaries  Pension Consultants

Pension Protection Act of 2006

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