May 2009

Understanding Changing Rules and Regulations and Their Impact on EBP Audits
With the current difficult economic times and the changing rules and regulations from the Department of Labor (DOL), Internal Revenue Service (IRS) and other regulators, it is essential that companies understand the impact on their plans and their plans' audits. Highlighted in this newsletter are a few of the latest developments impacting your plans and their respective audits.

New Temporary Pension Funding Relief
On December 23, 2008, President Bush signed the Worker, Retiree and Employer Recovery Act of 2008 (the Act). Among other provisions, the Act provided technical corrections to the Pension Protection Act of 2006 (PPA) and provided relief for defined benefit sponsors to ease their pension funding obligations over the next few years. Read more...

Fair Value Measurements
In September 2006, the Financial Accounting Standards Board (FASB) issued Statement of Financial Accounting Standards No. 157, Fair Value Measurements (FAS 157) to provide enhanced guidance for using fair value to measure assets and liabilities. FAS 157 is effective for financial statements issued for fiscal years beginning after November 15, 2007. This standard clarifies the definition of fair value and expands financial statement disclosures about the use of fair value measurements. Read more...

403(b) Plans
In November 2007, the DOL issued amendments to the Form 5500, Annual Return/Report of Employee Benefit Plan, for the 2009 plan year. One of the changes eliminated the exemption granted to Internal Revenue Code (IRC) Section 403(b) retirement plans of IRC Section 501(c)(3) organizations, from the Form 5500 reporting, disclosure and audit requirements of the Employee Retirement Income Security Act of 1974 (ERISA), as amended. The removal of this exemption subjects ERISA-covered 403(b) plans to the same Form 5500 reporting and audit requirements as Section 401(k)-type plans. Generally, 403(b) plans sponsored by tax-exempt organizations are subject to ERISA, whereas 403(b) plans sponsored by governments and most religious organizations are not covered under ERISA. Read more...

Guidance on ERISA's Fidelity Bonding Requirements
Have you ever wondered what the bonding requirements for your plan under ERISA are or the impact of the PPA on such requirements or if your company’s fiduciary liability insurance covers ERISA's bonding requirements (it may not)? Well, you are not alone. As a result of numerous questions raised concerning the bonding requirement, the DOL Employee Benefits Security Administration issued Field Assistance Bulletin No. 2008-04, Guidance Regarding ERISA Fidelity Bonding Requirements (the Bulletin), in November 2008. Read more...

2009 Cost of Living Adjustments for Qualified Retirement Plans
The Internal Revenue Service announced cost-of-living adjustments applicable to dollar limitations for pension plans and other items for tax year 2009. Read more...

Friendly Reminders

  • Communicate now with service providers regarding information needed for the implementation of FAS 157.

  • Request from the service providers the auditor's year-end reporting package.

  • Request and evaluate SAS 70 reports from all plan service providers.

  • Form 11-K filing deadline is 180 days after the plan's year end, generally June 29, 2009, for calendar year-end plans.

  • Form 5500 filing deadline is 7 months after the plan's year end, generally July 31, 2009, for calendar year-end plans. (An extension of 2-1/2 months may be requested.)

Helpful Links
AICPA Employee Benefit Plan Audit Quality Center
U.S. Department of Labor Employee Benefits Security Administration
Internal Revenue Service

In Other News...
2009 Seminars.
Our seminars calendar for 2009 keeps expanding--we just added "Financial Skills for Young Adults" and "Insure Your Future." Also, don't miss our popular Somerset Practical MBA Program, which includes a live webinar simulcast so those of you outside the Indianapolis area can participate. Please go online to see the schedule and register.

Somerset Client Satisfaction Survey. If you are a Somerset client, please take our survey concerning the services we have provided to you. Our goal is to improve our overall relationship and better serve you. Go to survey.

Newsletters. Somerset publishes a variety of newsletters in addition to Employee Benefit Plan News--such as Wherewithal, Tax Times, Wealth Management Bullets and several others. Please visit the Newsletters page of our web site to read the archives and sign up to have new issues delivered to your email inbox.

 

Employee Benefit Plan Commentator is provided by Somerset’s Employee Benefits Team for our clients and other interested persons upon request. For additional information on the issues discussed, please contact Yvette C. Ward, CPA. Since technical information is presented in generalized fashion, no final conclusion on these topics should be made without further review. 

These articles were written by and published herein with the permission from professionals of BDO Seidman, LLP.  Somerset is a member of the BDO Seidman Alliance, a nationwide association of independently owned accounting and consulting firms.
 


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