2 0 1 5 A S P PA REGIONAL CONFERENCES BOSTON REGIONAL AMERICAN SOCIETY OF PENSION PROFESSIONALS AND ACTUARIES July 9–10, 2015 Hilton Boston Back Bay Boston, MA The ultimate conference experience for retirement plan professionals. W W W . A S P P A - N E T. O R G 2015 ASPPA Regionals July 9–10, 2015 Hilton Boston Back Bay Boston, MA BOSTON REGIONAL AMERICAN SOCIETY OF PENSION PROFESSIONALS AND ACTUARIES 2015 REGIONAL CONFERENCE COMMITTEE Vice Chairs July 9–10, 2015 BOSTON REGIONAL Boston, MA AMERICAN SOCIETY OF PENSION PROFESSIONALS AND ACTUARIES W W W . A S P P A - N E T. O R G November 9–10, 2015 CINCINNATI REGIONAL Jennifer Gibbs Swets, QPA, QKA, ERPA, Dixon Hughes Goodman LLP, Virginia Beach, VA Missy Matrangola, QPA, QKA, Atlantic Pension Services, Inc., Kennett Square, PA Hilton Boston Back Bay Northern Kentucky Convention Center Covington, KY AMERICAN SOCIETY OF PENSION PROFESSIONALS AND ACTUARIES W W W . A S P P A - N E T. O R G Committee Boston Representative Andrew B. Ledewitz, CPC, QPA, QKA, TGPC, MassMutual Retirement Services, Boston, MA Cincinnati Representative Jayne L. Gaffney, QPA, Sheakley Pension Administration, Cincinnati, OH PHILADELPHIA REGIONAL April 30–May 1, 2015 DoubleTree Center City Philadelphia, PA AMERICAN SOCIETY OF PENSION PROFESSIONALS AND ACTUARIES W W W . A S P P A - N E T. O R G Philadelphia Representative Maria Hurd, Belfint, Lyons & Shuman. P.A, Wilmington, DE Chicago Representative Jerry Kalish, National Benefit Services, Chicago, IL General Conferences Co-Chair The ultimate conference experience for retirement plan professionals. Craig Hoffman, Esq., APM, General Counsel, American Retirement Association Ellen Houston-Pozek, QPA, QKA, TGPC, DWC ERISA Consultants LLC, Salem, NH June 4–5, 2015 CHICAGO REGIONAL Wyndham Grand Chicago Riverfront Chicago, IL AMERICAN SOCIETY OF PENSION PROFESSIONALS AND ACTUARIES W W W . A S P P A - N E T. O R G 2 2015 ASPPA REGIONAL CONFERENCE: BOSTON 2015 ASPPA Regionals July 9–10, 2015 Hilton Boston Back Bay Boston, MA BOSTON REGIONAL AGENDA AMERICAN SOCIETY OF PENSION PROFESSIONALS AND ACTUARIES Thursday, July 9, 2015 7:30 a.m. – 8:30 a.m. Registration and Breakfast 8:30 a.m. – 8:45 a.m. Welcome & Introductions 8:45 a.m. – 10:25 a.m. Session 1: Washington/Regulatory Update ERPA, Non-Core JBEA Developments in Washington continue to have a profound impact on the design and administration of retirement plans. Congress is expected to turn its attention to tax reform once again, which could be one of the few areas where a bipartisan agreement may be reached. Several proposals from President Obama would dramatically reduce the tax incentives that spur many small business owners to establish and maintain qualified retirement plans. Learn about how a new Congress will influence these proposals and how ASPPA’s Government Affairs Committee is responding. In addition, the DOL and IRS have promulgated expansive regulatory agendas which include items that will significantly impact qualified retirement plans. Session learning objectives include: • Understand the potential for comprehensive tax reform and its impact on the private retirement system, now or in the future. • Understand the political climate in Washington and how it will affect legislative initiatives relating to retirement plans. • Learn about the IRS and DOL regulatory initiatives that will affect qualified retirement plans. Craig P. Hoffman, Esq., APM, General Counsel, American Retirement Association 10:25 a.m. – 10:40 a.m. Break 10:40 a.m. – 11:55 a.m. Session 2: Fiduciary Responsibilities: What Are They? What Can Be Outsourced? ERPA, Non-Core JBEA Service providers and plan sponsors must understand the fiduciary responsibility provisions of ERISA. This session will provide a basic understanding of the fiduciary requirements of ERISA so you can educate clients to avoid potential pitfalls. We will also explore the emerging trend in outsourcing functions that have traditionally been exercised by plan sponsors. We will examine the outsourcing options and the best practices in shifting fiduciary risk. Session learning objectives include: • Understand the basic fiduciary responsibilities. • Learn about the most common fiduciary outsourcing arrangements, such as 3(16), 3(21) and 3(38). • Be able to educate a plan sponsor on the advantages and disadvantages of outsourcing fiduciary responsibilities. David N. Levine, Principal, Groom Law Group, Chartered Mary Rosen, Employee Benefits Security Administration, U.S. Department of Labor 12:00 p.m. – 1:00 p.m. Lunch 1:00 p.m. – 2:40 p.m. Session 3: Benefit Consulting for the Tax-Exempt Organizations, Governmental Employers and Church Plans ERPA, Non-Core JBEA Tax-exempt organizations can use a wide variety of qualified and nonqualified retirement vehicles including 401(a), 403(b) and 457(b) and (f) plans. Governmental employers, including public schools and state universities, have similar options. Even more unique are the options that are available to churches. This session will discuss the advantages and disadvantages of each type of plan and how a consultant might present these alternatives to a tax-exempt organization, governmental employer or a church organization. Included in the session will be a discussion of the current status of the pre-approved plan 403(b) plan document program. Session learning objectives include: • Understand the different types of 403(b) plans and employers that can adopt these plans. • Learn how to distinguish an ERISA plan from a non-ERISA plan. • Learn how the TPA or consulting firm can discuss the multiple options available to these employers. Susan D. Diehl, QPA, President, PenServ Plan Services, Inc. Cheryl Press, Senior Attorney, Internal Revenue Service, TE/GE (Invited) 2:40 p.m. – 3:00 p.m. Break 3:00 p.m. – 4:15 p.m. Session 4: Defining Compensation in the Qualified Retirement Plan ERPA, Non-Core JBEA 3 2015 ASPPA REGIONAL CONFERENCE: BOSTON 2015 ASPPA Regionals July 9–10, 2015 Hilton Boston Back Bay Boston, MA BOSTON REGIONAL AMERICAN SOCIETY OF PENSION PROFESSIONALS The compensation definition is critical when testing or AND ACTUARIES designing a qualified retirement plan. Discrimination testing, Section 415 limits and benefit accrual are all influenced by the choices made in defining compensation. This is an important consideration for defined benefit plan formulas and cross-tested plan designs, as well as 401(k) plans, both traditional and safe harbor. The choice of a compensation definition affects the cost of the plan, the ease of compliance testing and remains a critical element of plan design. This session will describe the choices that are available, permissible adjustments and the importance of coordination of the varying definitions that may be used in a single plan. Session learning objectives include: • Distinguish between the different safe harbor nondiscriminatory compensation definitions. • Identify compensation rules for safe harbor 401(k) plans. • Determine which qualification requirements are impacted by the compensation definition. • Identify compensation choices for compliance testing. • Determine which adjustments will produce better plan economics. • Determine the compensation options available for elective deferral and auto enrollment procedures. Robert M. Kaplan, CPC, QPA, CFP®, APA, Vice President, National Training Consultant, Voya Financial 4:15 p.m. – 5:15 p.m. Reception AGENDA Friday, July 10, 2015 7:15 a.m. – 8:15 a.m. Breakfast 8:20 a.m. – 10:00 a.m. Session 5: Dealing with the Defective Plans (or How I Learned to Love “Takeovers”) ERPA, Non-Core JBEA For professionals who work with qualified retirement plans, one of the most challenging situations is assuming responsibility for a plan with problems. Although qualification defects and violations of ERISA can happen in any context, the “takeover” plan is one that has often been neglected resulting in a myriad of problems that need to be fixed. These problems typically include late deposits, prohibited transactions, defective documents, nonexistent Form 5500 filings and much, much more. This interactive session teams up the expertise of an attorney and a third party administrator who will lead attendees through a comprehensive case study to illustrate all that could go wrong and how to make things right. IRS and DOL correction programs will be included, as well as self-correction options. Session learning objectives include: • Become familiar with the types of deficiencies and how to spot them in takeover cases. • Understand the different IRS and DOL programs available for correction. • Learn how to limit your liability for errors made before your engagement. • Understand your ethical obligations. Richard A. Hochman, JD, APM, GFS, President, McKay Hochman Co., Inc., A DST Company Adam C. Pozek, QPA, QKA, QPFC, ERPA, Partner, DWC ERISA Consultants, LLC 10:00 a.m. – 10:15 a.m. Break 10:15 a.m. – 11:30 a.m. Session 6: We’ve Crossed the Line. Now What? ERPA, Non-Core JBEA This session will be presented as an interactive case study approach that uses examples from DC plans that have failed required testing or exceeded statutory and/or plan imposed limitations. This is an errors and corrections workshop which includes situations pertaining to ADP/ACP testing, 402(g) limitations, 415(c) limitations, 410(b) testing and 401(a)(4) testing. Also included are special situations with regard to top heavy as well as problems that will occur if compensation is not capped at the 401(a)(17) limit. Case studies will address timing, refunds, taxability and adjustments for earnings. This discussion-based session will also address how the different methods of correction are addressed in pre-approved PPA documents. Session learning objectives include: • Understand when statutory/regulatory correction methods are available and when correction must be done through EPCRS. • Be able to determine the appropriate correction method for each type of failed test, when corrective contributions/distributions are required, and when an -11(g) amendment may or must be used. • Know the tax payment and reporting requirements that apply to the employer and employee in connection with correcting a failed compliance test. • Understand available plan design options to address compliance testing failures and what options are typically used in pre-approved PPA plan documents. Melissa B. Kurtzman, Esq., Shareholder, Littler Mendelson, P.C. 4 2015 ASPPA REGIONAL CONFERENCE: BOSTON 2015 ASPPA Regionals July 9–10, 2015 Hilton Boston Back Bay Boston, MA BOSTON REGIONAL AMERICAN SOCIETY OF PENSION PROFESSIONALS 11:30 a.m. – 12:20 p.m. AND ACTUARIES Updates from the IRS, Employee Plans IRS, Employee Plans Director Robert Choi will discuss recent developments, including changes to the Determination Letter Program for retirement plans and the Knowledge Management initiative. • Robert Choi, Director, Employee Plans, TE/GE Division, IRS • 12:20 p.m. – 1:00 p.m. Lunch S. Derrin Watson, Esq., Attorney, SunGard Relius, LLC 1:00 p.m. – 2:40 p.m. Session 7: Take the Money and Run 2:40 p.m. – 3:00 p.m. Break ERPA, Non-Core JBEA Although plan distributions are commonplace, they can also create many compliance challenges. Whether it is a required minimum distribution, a lump sum distribution, a “deemed distribution” due to loan default, a hardship withdrawal or other in-service distribution, processing these events in accordance with the law and the plan document is paramount to keeping your client’s plan in compliance. Throw in a death benefit, Roth or other after-tax account, or QDRO distribution, and things get interesting. This session will address issues related to defined contribution and defined benefit plan distributions and how to handle them in a way that satisfies the IRS and the DOL and remain in compliance with the plan document. Session learning objectives include: • Based on real life scenarios, and primarily focused on outside-the-box distribution issues that may arise, you will gain an understanding of issues you may encounter when dealing with complex and less common distributions. Leave this session with ideas for handling worrisome distribution issues that your firm is currently facing. Come away with best practices options for addressing problem issues. 3:00 p.m. – 4:15 p.m. Session 8: Ask the Experts Richard A. Hochman, JD, APM, GFS, President, McKay Hochman Co., Inc., A DST Company Craig P. Hoffman, Esq., APM, General Counsel, American Retirement Association Melissa B. Kurtzman, Esq., Shareholder, Littler Mendelson, P.C. Adam C. Pozek, QPA, QKA, QPFC, ERPA, Partner, DWC ERISA Consultants, LLC S. Derrin Watson, Esq., Attorney, SunGard Relius, LLC 4:15 p.m. Conference Adjourns 5 2015 ASPPA REGIONAL CONFERENCE: BOSTON 2015 ASPPA Regionals July 9–10, 2015 Hilton Boston Back Bay Boston, MA BOSTON REGIONAL AMERICAN SOCIETY OF PENSION PROFESSIONALS AND ACTUARIES Conference Location Hilton Boston Back Bay 40 Dalton St Boston, MA 02115 Tel: 617.236.1100 Room Rate: $239/night Cutoff Date: June 9, 2015 This room block may fill up quickly, so please make your reservations early! Cancellation Policy If a written cancellation notice is received by July 2, 2015, the American Retirement Association will refund the full registration fee minus a $100 processing fee. After July 2, 2015, no refunds will be available. Continuing Education Information ASPPA Members This conference offers up to 15 hours of ASPPA CE credits. Attorneys Approved: California Accountants This conference is a “group-live” event and will grant a total of 14 CE credits. The American Society of Pension Professionals & Actuaries (ASPPA) is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing education on the National Registry of CE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CE Sponsors through its website: www. learningmarket.org. Enrolled Actuaries (JBEA) The conference is designed to provide up to 14 Non-Core JBEA credits for enrolled actuaries. The final decision as to the number of JBEA credits rests solely with the Joint Board for the Enrollment of Actuaries (JBEA). Enrolled Retirement Plan Agents (ERPA) This conference qualifies for up to 12 ERPA CE credits and 2 ERPA Ethics credits. The final decision as to the number of ERPA credits rests solely with the Internal Revenue Service. Continuing Education Credit Approval For other types of continuing education credit, including CLE or state insurance credit, please contact the conferences staff at [email protected] by June 12, 2015 to submit your request for approval. We will apply for advance approval of the program if the application process and filing fees are not prohibitive. Registration METHODS OF REGISTRATION* Choose ONE method. ONLINE FAX MAIL ONSITE To expedite your registration, please register at www.aspparegionals.org/boston 703.516.9308 Credit card only ASPPA | PO Box 34725 | Alexandria, VA 22334-0725 For express/overnight deliveries (FedEx, DHL, etc.) send to: ASPPA | 4245 N Fairfax Dr Ste 750 | Arlington, VA 22203 Registrations will be accepted on-site. Higher registration fees will apply. Please see the registration form for applicable fees. *Please note that registration forms sent without payment will NOT be processed until payment is received. Confirmation All attendees will receive an electronic confirmation sent to the email address listed on the registration form. This confirmation/ receipt verifies your address information, the event(s) you have signed up for and how much you have paid. Attendees are urged to review their confirmation and print for their records. If you have not received your confirmation within three weeks of registering, please contact the American Retirement Association Customer Care department at [email protected]. Badges Attendees registering in advance may pick up their badges and onsite materials at the Registration Desk during conference hours. If you do not check in at the Registration Desk to pick up your badge, you will be deemed a no-show and continuing education credit will not be issued. No refunds will be given for no-shows. Attendees will not be allowed to pick up other attendee badges/materials. Dress Code Attire at the conference is business casual. Feel free to be comfortable in slacks, polo shirts, sweaters, blazers and blouses. Remember that hotel meeting rooms tend to be cool, so be sure to being a sweater or light jacket. Disclaimer The statements and materials presented at ASPPA conferences are solely the opinions of the speaker and do not represent the opinion or position of ASPPA. ASPPA assumes no responsibility for the content of the statements and materials presented by speakers at ASPPA conferences. Questions If you have any questions, contact the American Retirement Association Conferences department at 703.516.9300 or email us at [email protected]. Please check the website periodically for updates. We will post approved credit and credit applied for as it is available. 6 2015 ASPPA REGIONAL CONFERENCE: BOSTON REGISTRATION FORM 2015 ASPPA Regional Conference: Boston Step One: Registrant Information Please register only one person per form. All fields are required. Please type or print legibly. First Name: Middle Initial: Badge Name: Designations: Last Name: Title: Company: Address: City: State: Phone: Fax: Zip: Email: Please note that information printed above for Badge Name, Company, City and State will appear on your conference badge exactly as stated. Is this your preferred mailing address for all ASPPA correspondence? q Yes, please change my address q No Please check dietary requirements (if applicable): q Vegetarian q Gluten Free q Kosher q Other:________________ If you require any other special accommodations, please specify: _________________________________________________________________ Your Industry Role (Please check the MOST applicable description.) q Accounting q Marketing q Administration Systems q Registered Investment Advisor: Financial Advisor q Broker Dealer: Registered Rep. q Registered Investment Advisor: Home Office q Broker Dealer: Home Office q Sales q Legal q Third Party Administrator: Non-producing TPA q Third Party Administrator: Producing TPA Step TWO: Registration Fee Payment Early* (until 06/12/15) Regular (06/13/15—07/02/15) On-site (after 07/02/15) ASPPA Member q $695 q $795 q $895 Non-Member q $750 q $850 q $950 q Check Payment: Check number: _______ Credit Card: q Visa q Mastercard q American Express q Discover Name as it appears on card: Card Number: Expiration Date: Authorized Signature: To prevent duplication of payment, send your registration form only once. If you are mailing it, do not fax it and vice versa. *To qualify for the early registration fee, registration and payment must be received in the ASPPA office by June 12, 2015. The fee is calculated based on the receipt date of the registration form, not the postmark. Registrations will be accepted by the ASPPA office through July 2, 2015 at the regular registration rate. Any registrations received after this date will be charged the on-site registration fee. Tel: 703.516.9300 Fax: 703.516.9308 [email protected] www.aspparegionals.org/boston
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