Majority of 403(b) Providers Use SPARK's Data-Sharing Best Practices

The majority of of 403(b) plan service providers responding to a recent SPARK Institute survey said they are already adhering to, or intend to adhere to, the institute’s best practices.

More than 80% of respondents said they intend to adhere to the newest version of The SPARK Institute’s Data Elements Information Sharing Best Practices (Version 1.04, effective January 1). In addition, more than 60% of respondents said they planned to adhere to The SPARK Institute’s latest best practices for sharing Remittance and Census Data (Version RC 1.0, effective July 1, 2010). (See “SPARK Issues 403(b) Info-Sharing Best Practices for 2010.”)

Of those who said they do not intend to adhere to the Institute’s Best Practices, 46% said it is due to limited technology resources or other priorities. Twenty-three percent cited timing and 15% cited budget limits.

“The Data Elements Best Practices help service providers share information with each other and plan sponsors.  The latest changes to those Best Practices address a number of questions and comments we received from users during 2009,” said Larry Goldbrum, general counsel. Goldbrum also said the new Remittance and Census Data Elements Best Practices were developed because there was a significant need for a standardized way for employers to provide remittance and employee census data to their vendors.

Industry experts say that it is important to have standard formats for 403(b) data-sharing, especially since many 403(b)s have multiple vendors (see “Experts Stress Benefits of Information-Sharing Best Practices”).

The survey was completed between October 14 and November 2 by 42 institutions, including both SPARK Institute member and non-member companies. Copies of the Best Practices documents, as well as complete results of the survey, are available here.

The SPARK Institute is developing guidelines to help employers and vendors of multiple vendor ERISA-covered 403(b) plans gather information for the 2009 Form 5500 requirements. The Institute said it intends to seek comments from non-members regarding the 5500 guidelines.

U.S. Sugar Agrees to $16M-Settlement of ERISA Claims

Clewiston, Florida-based U.S. Sugar has agreed to pay $15.9 million to settle a breach of fiduciary duty lawsuit brought by 4,000 current and former employees, BLR reported.

The suit alleged the company and its top executives violated the Employee Retirement Income Security Act (ERISA) by trying to deprive shareholders of their right to sell shares of company stock on two occasions when U.S. Sugar was pondering buyout offers, and by significantly undervaluing shares held in the company’s employee stock ownership plan (ESOP).

In April, U.S. District Judge Donald M. Middlebrooks of the U.S. District Court for the Southern District of Florida dismissed the employees’ claims, saying they did not exhaust all of their administrative remedies and that they could not claim an ERISA fiduciary breach because they held the shares in an ESOP and not directly (see “Judge Dismisses Most of U.S. Sugar ERISA Breach Suit“).

U.S. Sugar did not admit to any wrongdoing, but said it settled the suit to avoid further legal proceedings.

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