LIST OF JPB ARTICLES By Ilene Ferenczy and Firm

2010 The Bankrupts Guide to Employee Benefits: Terminating Retirement Plans in Bankruptcy By Matt Cristy In this article, Matt Cristy examines which retirement plans a company may terminate before or during a Chapter 11 bankruptcy, the process of terminating retirement plans, the requirements the company must fulfill, and the possible timing. Avoiding Injury, Insult, and Loss: Fixing Nonqualified Documents to Protect Executives from the Ravages of Section 409A By: Matt Cristy Benefits professionals can save the day for the executives, board members, owners, and other key personnel who have socked away compensation into non qualified deferred compensation plans that contain provisions violating Section 409As strict language limits. New correction procedures give employers a one-time chance this year to find and fix costly errors that otherwise will directly hurt their most valued players. Uncashed Checks: The Billion Dollar Question? By: Ilene Ferenczy and Peter E. Preovolos Ilene H. Ferenczy and Peter E. Preovolos tackle a vexing new problem for plan administratorsunclaimed benefits. Neither ERISA law nor DOL regulations adequately address this issue, so the burden is on the fiduciary to determine the appropriate course of action. 2009 The Bankrupts Guide to Employee Benefits: What to Do When Your Company Is in Financial Straits By Matt Cristy When facing the worst-case scenarioinsolvency, bankruptcy, or the complete failure of the businessa companys leaders need to review the organizations employee benefits programs to determine what can be done to help the company and what must be done to avoid plunging the business and its leaders into legal trouble. Oy, Another Conversion? Can It Be Painless? By Regina L. Farmer The plan conversion (and deconversion) process depends on assembling the right team for the job, devising a course of action, and digging into the details of the plan. Presented in this article are a few helpful guidelines for plan sponsors facing the challenges of executing a successful conversion. 2008 The Quantum Leap: Changing the 401(k) Plan Investment Landscape By: Ilene Ferenczy What is the best way to run a retirement program? Employers want employees to properly plan for their retirement futures, but overloading employees with investment information may not be the trick. Its

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time to stop treating plan participants like the 401(k) gurus they will never be. QDIAs may be the smartest first step for many participants. 2007: Automatic Enrollment: What Was Old Is New Again with a Twist? By: Ilene Ferenczy and Regina Farmer Abstract: Like the proverbial kid in the candy store, automatic enrollment looks good, it smells good, it sounds good, we want it. As a smart mentor once told me, however, Lets slow down and think about this for a minute. 2006: Roth 401(k) Plans and Were Rounding Third Base! By: Ilene Ferenczy Abstract: This is a sequel to last issue's column on Roth 401(k) plans [" Roth 401(k) Features: Treasury Takes Us All the Way toUmSecond Base," 13 J. of Pension Benefits 3], which discussed the finalized regulations in relation to the creation of a designated Roth provision in a 401(k) plan. The IRS also issued proposed regulations in January of this year, providing additional guidance on the distribution and taxation rules for Roth accounts. These proposed regulations are discussed below. Roth 401(k) Features. Treasury Takes Us All the Way to Um Second Base By: Ilene Ferenczy Abstract: Now that Treasury has issued final regulations regarding adding Roth features to our 401(k) plans, we have the answers to some of our questions on this new and anxiously awaited plan provision. 2005: Unraveling the Tangled Web of Compensation for 401(k) Plans By: Ilene Ferenczy Abstract: This column is not meant to be the latest in a long line of writings differentiating the fine line between the various definitions of Section 415 compensation and the alternate compensation definitions. This column concentrates specifically on the various compensation rules for 401(k) plans, and identifies the rules that apply to particular circumstances. Bones of Contention: Controversial Provisions of the Final 401(k) Regulations By: Ilene Ferenczy Abstract: Final regulations issued by the Treasury in December 2004 to replace prior 401(k) and Section 401(m) guidance contain some unanswered questions and reinterpretations of the law that practitioners will find unsettling. Issues covered here include amendment deadlines, contribution timing, gap period income, the use of QNECs and QMACs in ADP and ACP testing, hardship withdrawals, and safe harbor matching contributions and notices. 2004:

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The Enron Litigation: Lots of Noise, Only a Little Substance So Far By: Ilene Ferenczy and David S. Thomas Abstract: As practitioners, we must spend more time advising our corporate clients of the duties that the board of directors, the administrative committees, and the trustees assume when they sign on the dotted line, so that they approach their jobs with more solemnity than they may have in the past. It is incumbent upon those hearing this advice to listen and to act on it. Sidestepping the Pitfalls of Plan Administration By: Ilene Ferenczy and Frances-Ann Moran Abstract: It is impossible to draw a complete roadmap to what it takes for a plan and a TPA firm to run perfectly. However, acknowledging and addressing the pitfalls in this article can give both the plan sponsor and the service provider an edge on having a good result. Be Careful What You Wish For: The Proposed 401(k) Regulations Are Here. By: Ilene Ferenczy and Janice M. Wegesin Abstract: It is good to have additional guidance about 401(k) plans. Nonetheless, much of the proposed regulations appear likely to make administering these plans more complicated, and plan administrators are left with no resolution to commonly asked questions. It will be interesting to see how much credence the government gives to practitioner written and oral comments about these rules. Privatizing Social Security: The Answer to Retirement Woes or Enron to the Nth Power? By: Ilene Ferenczy Abstract: Social Security was enacted to provide working people with a safety net when they retire. The current call to privatize Social Security sounds promising, but does it really deliver? Paying the Administrative Fees of a Qualified Plan By: Ilene Ferenczy Abstract: In todays economy, plan sponsors are less likely to pay all costs of plan administration, leaving the plans themselves to pick up a greater share of such expenses. Fiduciaries now have a greater duty to determine the expenses properly paid out of plan assets. Revenue Ruling 2004-11: The IRS Starts Climbing the M&A Ladder By: Ilene Ferenczy Abstract: It is encouraging to see the IRS and the Treasury attempting to tackle some of the complex issues raised by company acquisitions and dispositions. Practitioners have had to deal with these questions for years in an uncertain environment. Probably the most positive development is that the government is seeking practitioner input on these issues. Nonetheless, we recognize that the Section 410(b) transition period rules are just the tip of the M&A iceberg. 2003: Congress Avenges Corporate Fraud: The Sarbanes of a Benefit Professionals Existence By: Ilene Ferenczy and Frances-Ann Moran Abstract: Intended, at least in part, to protect 401(k) plan accounts from the effects of corporate fraud, the Sarbanes-Oxley Act has missed its mark. Many of its benefits-related provisions merely impose burdensome administrative requirements on plans without offering plan participants any real protection.

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Murder on the M&A Express: How Benefits Killed the Deal By: Ilene Ferenczy Abstract: How are we doing resolving the problems with the acquisition? I asked. Bang! And then a shot rang out. The deal is dead, my client told me. We decided not to pursue it. This was the first time that I had ever witnessed a deal being killed by benefits problems. Id heard stories. It wasnt pretty. Would Someone Decide What to Do with This Stuff, Already? By: Ilene Ferenczy Abstract: Clear guidance is needed, or at least acknowledgement that plan sponsors have the flexibility, to safely select among alternatives. Creatively Working With Bundled Products By: Ilene Ferenczy and Frances-Ann Moran Abstract: Since 401(k) plans have become popular, it is increasingly common for retirement plan sponsors to seek out a single company that can provide them with the full spectrum of plan administration and compliance services. In response, financial institutions have positioned themselves to fill that role by providing bundled service products. However, in our experience, it is common for a gap to arise between the plan sponsors expectations and the services the bundled providers can give. This gap has led, for several of our clients, to an unhappy situation in which the plan has fallen out of compliance with the law, and each party is pointing fingers at all the other parties in the process. 2002: Everything Old Is New Again: Changing Employee Status Issues in an Acquisition By: Ilene H. Ferenczy Abstract: In corporate transactions, who is a new employee and who is an old one? This article answers that question for asset acquisitions and for stock acquisitionsas well as current guidance allowsand then explains who ought to be a new employee and who ought to be an old employee, and why. Whats New in M&A: Scrambled EGTRRA with a Side of Enron By: Ilene Ferenczy Abstract: EGTRRA's repeal of the same-desk rule and addition of catch-up contributions created problems unique to 401(k) plans in an M&A contextproblems that Treasury has addressed in an IRS notice and proposed regulations. Meanwhile, the lawsuit by participants in Enron's 401(k) plan is serving as a reminder to all plan sponsors and administrators of the necessity to scrutinize all decisions relating to 401(k) plansparticularly in an M&A situation, when employees are likely to be hypersensitive to anything appearing to be a fiduciary breach. 2001: Welcome to the Family Assimilating Benefits for New Employees in an Asset Acquisition By: Ilene Ferenczy Abstract: In this time of nonstop mergers, acquisitions, and buyouts, frequently one of the "forgotten sons" is the employee benefits plans. Rife with pitfalls, thorny issues, and complications, these programs are often left unattended until the transaction is complete. With the short time frames required by law for transitioning employees and their benefits plans, it pays to plan ahead. Buying the Company from the Employees: Stock Acquisitions from an ESOP

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By: Ilene Ferenczy Abstract: When an ESOP owns the selling company, benefits issues become paramount. This column explores the key issues that arise in such a transaction, including voting rights and conflicts of interest. 2000: MUT Made Easy: Yes, Really! By: Ilene Ferenczy, Cynthia A. Grozkiewics, and Richard A. Grozkiewics Abstract: This article is the collaboration of two actuaries and an attorney. Needless to say, we needed to hold ourselves back from using a lot of calculus and herewith. For those who have a low tolerance of either, let us come to a point: the next several pages will provide you with a one-step formula to calculate the maximum multiple use test (MUT). In many cases we will demonstrate that the MUT is automatically passed and, therefore, does not apply. 1999-1994: 401(k) LoansThe Economic Perspective By: Ilene Ferenczy, Jonathon K. Cook, and W. Philly Jones Abstract: Before deciding to tae a loan from a 401(k) plan, participants should carefully consider whether a hardship distribution or bank loan would be a better choice. Now the Question Is: To 401(k) or 403(b)? By: Ilene Ferenczy Abstract: Which plan is better? The answer will vary for different organizations and individuals depending upon each unique set of circumstances. Whos on First? A Strategy for Analyzing 401(k( Distributions in Asset Sales By: Ilene Ferenczy Abstract: Anyone who has tried to figure out what happens to 401(k) accounts when a plan sponsor is sold or sells a division or subsidiary know what a shell game this analysis can be. The rules are so complex that you find yourself doing some sort of pension version of the Abbott & Costello Whos on First routine: Did the terminate employment? Yes, but the still work there! So the sellers the employer? No, the buyers the employer! Then they terminated employment? No, they still work there! (A-a-a-bbott!) 403(b) Plans: The More Things Change By: Ilene Ferenczy Abstract: The new TVC program has gotten off to a slow start, and some TSA issues remain unresolved. 403(b) Plans: Washington, We Have a Problem By: Ilene Ferenczy and C. Frederick Reisch Abstract: How viable is the new TVC program for employers? Like the other voluntary compliance programs initiated by the IRS, it is an amalgam of good news and bad. On the one hand, it helps employers to clean up their 403(b) programs, and to go forward knowing that they are not at risk for

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large taxes and penalties in the event of an IRS audit. On the other hand, TVC contains requirements with which some employers cannot reasonably comply and which may be too costly an option for some tax exempt entities. 403(b) Plan Documents: A Step Toward Compliance By: Ilene Ferenczy and C. Frederick Reisch Abstract: For nonprofit organizations, documentation of their 403(b) retirement plans is a smart way to ensure continued tax deferral. PLRs from the IRS give additional security, but the authors suggest several ways to significantly improve the entire process. The 403(b) Examination Guidelines: A Road Map By: Ilene Ferenczy, David N. Tenebaum, and C. Frederick Reisch Abstract: This road map to the new released IRS Examination Guidelines for tax-sheltered annuity programs highlights the ambiguities and potentially controversial areas in the Guidelines and how the IRS suggest employers comply with them. 403(b) Plans: The Overlooked ERISA Dilemma By: Ilene Ferenczy and C. Frederick Reisch Abstract: Although many 403(b) programs are excluded from ERISA Title 1 coverage, employers may find that Title 1 status is a positive feature and should not be avoided. The author explains why. 403(b) Plans: Is the 403(b) Sky Really Falling? By: Ilene Ferenczy and C. Frederick Reisch Abstract: The IRS is now paying closer attention to tax-exempt organizations and their compliance with 403(b) rules, but the promised audit guidelines for those plans have yet to appear. Pension administrators should view this an opportunity to offer their valuable expertise to help tax-exempts in this atmosphere of increasing IRS vigilance.

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