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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
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Communicate now with service
providers regarding information needed for the implementation of FAS
157.
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Request from the service
providers the auditor's year-end reporting package.
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Request and evaluate SAS 70
reports from all plan service providers.
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Form 11-K filing deadline is
180 days after the plan's year end, generally June 29, 2009, for calendar year-end
plans.
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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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