Retirement: DC Plan/401(k) Reform
Legislative proposals, bills and analysis from the 109th and 110th Congresses (2006-present)
Regulatory administrative rules and information from U.S. offices and agencies
Judicial current and past court cases and amicus briefs
Press Releases Council statements and advisories to the news media
Archive all materials dated prior to 2006
(Items in italic are available only to Council members.)
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Official Source Documents
December 3, 2009 Lifetime Income Disclosure Act (S. 2832)
November 20, 2009 Sensible Transparency for Retirement Plans Act (Kline)
October 26, 2009 GAO Report, Retirement Savings: Automatic Enrollment Shows Promise for Some Workers, but Proposals to Broaden Retirement Savings for Other Workers Could Face Challenges
September 30, 2009 GAO Report, Retirement Savings: Better Information and Sponsor Guidance Could Improve Oversight and Reduce Fees for Participants
September 29, 2009 GAO Report to Senate Aging Committee on “401(k) Plans: Policy Changes Could Reduce the Long-term Effects of Leakage on Workers’ Retirement Savings”
July 31, 2009 Education and Labor Committee Report of the 401(k) Fair Disclosure and Pension Security Act (H.R. 2989)
June 24, 2009 Education and Labor Amendment in the Nature of a Substitute to H.R. 2989 (Miller)
June 17, 2009 Education and Labor HELP Subcommittee Chairman's Substitute to the 401(k) Fair Disclosure for Retirement Security Act (H.R. 1984)
June 9, 2009 Defined Contribution Plan Fee Transparency Act (H.R. 2779) (Neal)
June 9, 2009 Official Summary of Defined Contribution Plan Fee Transparency Act (H.R. 2779)
June 9, 2009 Revisions to Prior Version of Defined Contribution Plan Fee Transparency Act
April 22, 2009 DOL Letter to Miller/Andrews Regarding 401(k) Fair Disclosure for Retirement Security Act
April 22, 2009 401(k) Fair Disclosure for Retirement Security Act (Miller)
April 22, 2009 Official One-Page Summary of 401(k) Fair Disclosure for Retirement Security Act (Miller)
April 16, 2009 DOL Letter to Senate Aging Chair Kohl on Target Date Review and Regulation
February 10, 2009 The Defined Contribution Fee Disclosure Act (S. 401)
October 28, 2008 CRS Report for Congress: Individual Retirement Accounts and 401(k) Plans: Early Withdrawals and Required Distributions
August 15, 2008 GAO Report: Private Pensions: Fulfilling Fiduciary Obligations Can Present Challenges for 401(k) Plan Sponsors
July 31, 2008 401(k) Plan Debit Card Bill (H.R. 6708)(Foster/Pomeroy)
July 17, 2008 401(k) Plan Debit Card Bill (S. 3278)(Schumer)
April 16, 2008 Rep. Andrews Amendment to H.R. 3185
April 16, 2008 Fair Disclosure for Retirement Security Act (H.R. 3185)(Miller), as Considered by House Education and Labor Committee
December 13, 2007 Defined Contribution Fee Disclosure Act (Kohl/Harkin)
December 11, 2007 GAO Report: PRIVATE PENSIONS: Low Defined Contribution Plan Savings May Pose Challenges to Retirement Security, Especially for Many Low-Income Workers
October 4, 2007 Defined Contribution Plan Fee Transparency Act (H.R. 3765) (Neal)
October 4, 2007 Summary of The Defined Contribution Plan Fee Transparency Act (Neal)
July 26, 2007 Fair Disclosure for Retirement Security Act (H.R. 3185)(Miller)
July 26, 2007 Official Summary Fair Disclosure for Retirement Security Act (H.R. 3185)(Miller)
April 24, 2007 DOL/EBSA Request for Information on Fee and Expense Disclosures to Participants in Individual Account Plans
December 13, 2006 Congressional Democrats' Letter to DOL Regarding Defined Contribution Plans
November 30, 2006 GAO report on Changes Needed to Provide 401(k) Plan Participants and DOL with Better Information on Fees
August 3, 2006 Senate summary of HR 4
July 14, 2006 Next Generation Retirement Savings Proposals (Gordon Smith (R-OR)/Kent Conrad (D-ND))
March 16, 2006 Savings Competitiveness Act (S. 2431)(Baucus)
March 16, 2006 Official Summary of Savings Competitiveness Act (S. 2431)(Baucus)
March 16, 2006 Letter from Senator Gordon Smith to Senate Finance Committee regarding Automatic Enrollment and Other Provisions in Retirement Bill Conference
March 8, 2006 Joint Committee on Tax side-by-side of pension bills
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Council Materials
May 21, 2010 Preliminary Report on Key Elements of Defined Contribution Plan Fee Disclosure Provisions of the American Jobs and Closing Tax Loopholes Act (Prepared by Davis & Harman LLP)
November 23, 2009 Council Summary of the Sensible Transparency for Retirement Plans Act (Kline)
July 29, 2009 Side-by-Side Comparison Chart of Defined Contribution Plan Legislation (Courtesy of Davis & Harman LLP)
June 5, 2009 Council Proposed Modifications to 401(k) Fair Disclosure for Retirement Security Act (H.R. 1984)
April 22, 2009 Robert Chambers' Testimony Regarding 401(k) Disclosure Before the Subcommittee on Health, Education, Labor, and Pensions of the House Education and Labor Committee
February 24, 2009 Council Statement for Record in House Education and Labor Hearing on Strengthening Worker Retirement Security
February 17, 2009 Defined Contribution Plans: A Successful Cornerstone of Our Nation’s Retirement System
February 17, 2009 Short Summary of Defined Contribution Plans: A Successful Cornerstone of Our Nation’s Retirement System
December 19, 2008 Congressional Letter to President Bush Urging RMD Relief for 2008
October 1, 2008 Council Statement for the Senate HELP Committee Hearing on 401(k) Fee Disclosure
April 17, 2008 Council Summary of the House Education and Labor Committee’s Consideration of H.R. 3185
April 16, 2008 Council Letter to Rep. George Miller Regarding H.R. 3185
April 14, 2008 Myths and Facts Regarding 401(k) Plan Fees
November 12, 2007 Council Chart Summarizing Defined Contribution Plan Fee Disclosure Legislation (prepared by the Benefits Group of Davis & Harman)
October 30, 2007 Testimony of Allison Klausner (Honeywell) on Behalf of the American Benefits Council before the House Ways and Means Committee Hearing on 401(k) Fees
October 26, 2007 Council Talking Points on 401(k) Plan Fees
October 24, 2007 Testimony of Robert G. Chambers on Behalf of the American Benefits Council before the Senate Special Committee on Aging Hearing on 401(k) Fees
October 4, 2007 Council/ACLI/ICI Statement for the Record for the House Education and Labor Hearing on H.R. 3185
August 29, 2007 Council Chart Summarizing the 401(k) Fair Disclosure for Retirement Security Act of 2007 (H.R. 3185) (prepared by the Benefits Group of Davis & Harman)
July 26, 2007 Council Fast Facts on 401(k) Plans
March 6, 2007 Testimony of Robert G. Chambers on Behalf of the American Benefits Council Before the House Education and Labor Committee Hearing on 401(k) Fees
February 8, 2007 Chart of Pension Protection Act Provisions Affecting DC Plans (Courtesy of Davis & Harman LLP)
January 12, 2007 Defined Contribution Plan Fee Issues Talking Points
July 17, 2006 Council Letter to Congress Regarding EGTRRA Permanency
June 23, 2006 Group Advertisement on EGTRRA Permanence in Pension Bill
June 22, 2006 Chart of Major EGTRRA Provisions in House Pension Reform Bill
June 16, 2006 Coalition diversification letter to Congress
June 16, 2006 Coalition miscellaneous DC issues and technical corrections document
June 13, 2006 Coalition defined contribution plan issues in pension reform legislation
May 17, 2006 Defined Contribution Plan Issues in Pension Reform Legislation
April 12, 2006 Retirement Savings Permanence Bulletin No. 3: Matching Contribution Vesting
April 7, 2006 Cover Memo for Employers to Employees or other Individuals Urging EGTRRA Permanence
April 3, 2006 Cover Memo for Service Providers to Clients Urging EGTRRA Permanence
March 28, 2006 Retirement Savings Permanence Bulletin No. 2: Increased Limits
March 17, 2006 Retirement Savings Permanence Bulletin No. 1: Simplification for Plan Administration
March 15, 2006 ACTION ALERT: Urge inclusion of 2001 tax bill's retirement savings provisions in pension legislation
March 14, 2006 Group Letter to Senate Regarding EGTRRA Permanency
February 6, 2006 Council Talking Points on Automatic Enrollment
February 1, 2006 Council Side by Side Chart Comparing Defined Contribution Provisions of Retirement Bills (H.R. 2830/S. 1783), Administration Proposals and Current Law
January 26, 2006 Council Analysis of Proposed Treasury Regulations on Designated Roth Accounts
January 25, 2006 Council Side-by-Side Chart Comparing Retirement Bills (H.R. 2830/S. 1783), Administration Proposals and Current Law
January 23, 2006 Council Talking Points on EGTRRA Permanence
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Official Source Documents
August 31, 2010 Comments of Congressional Chairmen to DOL/EBSA Regarding Interim Final Regulations on ERISA Section 408(b)(2) Fee Disclosure Requirements
July 16, 2010 DOL Interim Final Regulations on ERISA Section 408(b)(2) Fee Disclosure Requirements
July 16, 2010 DOL Fact Sheet on Interim Final Regulations on ERISA Section 408(b)(2) Fee Disclosure Requirements
July 16, 2010 DOL Delinquent Service Provider Class Exemption Model Notice in Conjunction with Interim Final Regulations on ERISA Section 408(b)(2) Fee Disclosure Requirements
May 18, 2010 IRS Final Regulations on Diversification Requirements for Certain Defined Contribution Plans
May 18, 2009 IRS Proposed Regulations on Suspension or Reduction of Safe Harbor Nonelective Contributions
May 17, 2010 IRS 401(k) Compliance Check Questionnaire (Paper Copy)
February 23, 2009 Treasury/IRS Final Automatic Contribution Arrangement (QACA/EACA) Regulations
February 19, 2009 DOL/EBSA ERISA Advisory Council Report on The Spend Down Of Defined Contribution Assets At Retirement
December 19, 2008 Treasury Letter to Congress Regarding 2008 Required Minimum Distribution Relief
July 22, 2008 DOL Fact Sheet on Proposed Fee & Expense Disclosure Regulations
July 22, 2008 DOL Model Comparative Chart for Proposed Fee & Expense Disclosure Regulations
July 22, 2008 DOL Proposed Regulations on Defined Contribution Plan Participant Fee Disclosure
April 29, 2008 DOL FAB 2008-3: Guidance Regarding Qualified Default Investment Alternatives
April 29, 2008 DOL Fact Sheet Regarding Qualified Default Investment Alternatives
April 29, 2008 Corrections to DOL Proposed Regulations on Qualified Default Investment Alternatives
February 14, 2008 Congressional Comment Letter to DOL on Proposed 408(b)(2) Regulations
December 19, 2007 IRS Notice 2008-07: Guidance on Diversification Rules under Code Section 401(a)(35)
December 12, 2007 DOL Fact Sheet on ERISA Section 408(b)(2) Guidance
December 12, 2007 DOL Proposed Regulations on ERISA Section 408(b)(2) Fee Disclosure Requirements
December 12, 2007 DOL Proposed Class Exemption for Plan Fiduciaries Failing to Meet ERISA Section 408(b)(2) Fee Disclosure Requirements
November 15, 2007 IRS Sample Notice for Automatic Enrollment
November 7, 2007 Treasury/IRS Proposed Regulations on Automatic Enrollment
October 23, 2007 DOL Qualified Default Investment Alternatives under Participant Directed Individual Account Plans
October 23, 2007 DOL Fact Sheet on Qualified Default Investment Alternatives under Participant Directed Individual Account Plans
June 1, 2007 IRS Announcement 2007-59: Guidance for Employers Concerned About Certain Mid-Year Changes
April 27, 2007 Treasury/IRS Final Roth 401(k)/403(b) Distribution Regulations
April 24, 2007 DOL/EBSA Request for Information on Fee and Expense Disclosures to Participants in Individual Account Plans
December 19, 2006 Bipartisan Letter from House members to DOL on default investment guidance
November 30, 2006 IRS Notice 2006-107 Diversification Requirements for Qualified Defined Contribution Plans Holding Publicly Traded Employer Securities
September 26, 2006 DOL Proposed Regulations on Default Investment Guidance
June 28, 2006 GAO Questions for American Benefits Council Members on 401(k) Plan Fees
June 6, 2006 DOL Model 401(k) Plan Fee Disclosure
January 25, 2006 IRS Proposed Regulations on Designated Roth Accounts Under Section 402A
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Council Materials
August 26, 2010 Council Comments to DOL/EBSA Regarding Interim Final Regulations on ERISA Section 408(b)(2) Fee Disclosure Requirements
July 16, 2010 Summary of DOL Interim Final Regulations on Plan Service Provider Fee Disclosure (Prepared by Davis & Harman LLP)
July 15, 2010 Preliminary Council Summary of DOL Final Regulations on ERISA Section 408(b)(2) Fee Disclosure Requirements
June 1, 2010 Follow Up Letter Regarding Interpretive Issue Under Notice 2009-68 Partial Rollovers
March 30, 2010 Groom Law Group Memo: Allocating "Basis" in Partial and Split Rollovers Can We Still Rely on Code Section 402(c)(2)?
October 26, 2009 Council Letter to IRS Regarding Partial Rollovers under Notice 2009-68
August 14, 2009 Council/SHRM Comment Letter to IRS on Proposed Regulations on Suspension or Reduction of Safe Harbor Nonelective Contributions
February 6, 2009 Council Request for Guidance on Minimum Required Distribution Waivers
September 24, 2008 Group Letter to DOL Regarding Effective Date of 408(b)(2) Regulations
September 10, 2008 Testimony of Allison Klausner (Honeywell International Inc.) on Behalf of the American Benefits Council Before the ERISA Advisory Council Working Group on Spend Down of Defined Contribution Assets at Retirement
September 8, 2008 Council Comment Letter to DOL on Proposed Defined Contribution Plan Participant Fee Disclosure Regulations
July 23, 2008 Summary of DOL Proposed Fee & Expense Disclosure Regulations (Prepared by Davis & Harman LLP)
May 19, 2008 Council Testimony Before IRS Regarding Automatic Contributions
April 29, 2008 Council-ICI Comment Letter on Participant Contribution Regulation Safe Harbor
April 2, 2008 Council Comment Letter to IRS Regarding Diversification Requirements for Defined Contribution Plans
March 31, 2008 Testimony of Robert Chambers (Helms, Mullis & Wicker) on Behalf of the American Benefits Council before the U.S. Department of Labor Hearing on Proposed 408(b)(2) Regulations
February 11, 2008 Council comment letter to DOL regarding 408(b)(2) proposed regulations
February 6, 2008 Council Comment Letter to IRS Regarding Proposed Automatic Enrollment Regulations
December 17, 2007 Council Preliminary Comments to IRS on Automatic Enrollment Guidance
December 14, 2007 Council Summary: DOL Proposed 408(b)(2) Regulations on Fee Disclosure
December 5, 2007 Council Comment Letter Regarding Follow-Up Guidance on Final Default Investment Regulations
September 20, 2007 Testimony of Allison Klausner (Honeywell International Inc.) on Behalf of the American Benefits Council Before the ERISA Advisory Council Working Group on Revenue Sharing
July 24, 2007 Inter-Trade Group Letter to DOL Regarding 401(k) Plan Fees
July 23, 2007 Council comment letter to DOL concerning 401(k) fee disclosure request for information
March 16, 2007 Council comment letter on IRS Notice 2006-107 on diversification requirements for DC plans holding publicly traded securities
February 8, 2007 Chart of Pension Protection Act Provisions Affecting DC Plans (Courtesy of Davis & Harman LLP)
December 22, 2006 Group Submission to DOL of Defined Contribution Fee Glossary
December 22, 2006 Group Submission to DOL of Defined Contribution Fee Introductory Questions and Answers
October 31, 2006 List of Guidance and Technical Correction Issues for Employee Stock Diversification Provisions
October 31, 2006 Updated List of Guidance and Technical Correction Issues for Defined Contribution Plans
November 13, 2006 Council Comments to DOL Regarding Proposed Default Investment Regulations
August 3, 2006 Group Letter and Chart to DOL/EBSA Regarding 408(b)(2) Project on Fee Disclosure
July 26, 2006 Council testimony before the IRS on Roth 401(k)/403(b) accounts
April 26, 2006 Council Comment Letter to IRS on Designated Roth Accounts under Section 402A
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Official Source Documents
April 26, 2010 District Court for the Eastern District of Pennsylvania Dismissal of Renfro v. Unisys
January 27, 2010 District Court for the Northern District of Illinois Dismissal of George, et al. v. Kraft Foods Global
December 21, 2009 Third Circuit Appeals Court Decision in re: Schering-Plough ERISA Litigation
December 9, 2009 District Court for the Northern District of Illinois (Eastern Division) Opinion in Loomis v. Exelon
November 25, 2009 Eighth Circuit Appeals Court Opinion in Braden v. Wal-Mart, et al
August 31, 2009 United States District Court Southern District of New York Decision In Re Citigroup ERISA Litigation
June 24, 2009 Seventh Circuit Court Denial of Rehearing in Hecker v. Deere & Co.
May 6, 2009 Second Circuit Court of Appeals Summary Order of Dismissal in Young et al v. General Motors Investment Management Corp.
March 20, 2009 DOL Amicus Brief in Hecker v. Deere
February 12, 2009 Seventh Circuit Court Opinion in Hecker v. Deere
July 25, 2008 DOL Amicus Brief in Young et al v. General Motors Investment Management Corp., Second Circuit Court of Appeals
February 20, 2008 U.S. Supreme Court Decision in LaRue v. DeWolff
June 21, 2007 District Court Order Granting Motion to Dismiss in Hecker et al v. Deere & Company/Fidelity
December 8, 2006Hecker et al v. Deere & Company/Fidelity (WI Western
District)
November 8, 2006Ruppert et al v. Principal Life Insurance Co. (IL
Southern District)
November 3, 2006 Taylor et al v. United Technologies Corporation et al (District of Connecticut 3:06-cv-01494-WWE 09/22/06)
September 28, 2006 Spano v. Boeing (IL Southern District 3:2006cv00743)
September 22, 2006 Waldbuesser et al v. Northrop Grumman Corporation et al (IL Northern District 1:2006cv04897 09/11/2006 791)
September 11, 2006 Kanawi et al v. Bechtel Corporation (CA Northern District 3:2006cv05566)
September 11, 2006 Taylor et al v. United Technologies et al (Northern Illinois District 06cv4895)
September 11, 2006 Will et al v. General Dynamics Corporation et al (IL Southern District 3:2006cv00698 09/11/2006 791)
September 11, 2006 Abbott et al v. Lockheed Martin Corporation et al (IL Southern District 3:2006cv00701 09/11/2006 791)
September 11, 2006 Beesley et al v. International Paper Company et al (IL Southern District 3:2006cv00703 09/11/2006 791)
September 11, 2006 Martin et al v. Caterpillar, Inc. et al (Missouri Western District 2:2006cv04208 09/11/2006 791)
September 11, 2006 Loomis et al v. Exelon Corporation et al (IL Northern District 1:2006cv04900 09/11/2006 791)
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Council Materials
April 21, 2010 Presentation Slides: Recent Plan Litigation and the Impact on Legislative, Regulatory and Plan Sponsor Activity (Courtesy of Schiff Hardin LLP)
April 15, 2009 Amicus Brief in Braden v. Wal-Mart
July 25, 2008 Council Amicus Brief in Young et al v. General Motors Investment Management Corp., Second Circuit Court of Appeals
June 2, 2008 Updated Chart Comparing Recent 401(k) Plan Fee Litigation (Courtesy of Davis & Harman)
May 9, 2008 Council Amicus Brief in Hecker et al v. Deere & Company/Fidelity
September 21, 2007 Updated Chart Comparing Recent 401(k) Plan Fee Litigation (Courtesy of Davis & Harman)
December 29, 2006 Kennedy et al v. ABB, Inc./Fidelity (MO Western District)
October 30, 2006 Employee Relations Law Journal: Interpreting Section 502(a)(2) of ERISA with Respect to Individual Account Plans (Courtesy of Bill Scogland, Employee Relations Law Journal and Aspen Publishers)
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February 26, 2009 Council examines Obama budget proposals
September 15, 2008 Miller & Chevalier and the American Benefits Council announce results of corporate health care policy survey
July 16, 2007 Council experts to brief media on importance of 401k plans
August 16, 2006 President to sign pension reform legislation; Council experts available to comment
August 9, 2006 Council and others submit defined contribution fee disclosure letter to DOL
July 29, 2006 Council experts available to comment on pension reform legislation
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Pension Reform · Savings Initiatives · Cash Balance Plans |
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