The Employee Benefits Institute of America LLC (EBIA) is the leading provider of publications and seminars on Cafeteria Plans, 401(k) Plans, COBRA, HIPAA, and ERISA.

The EBIA WEEKLY is a free e-mail newsletter, published every Thursday evening, in which they highlight significant legal developments (statutes, regulations, administrative items, and selected court cases) that fall within the scope of their five reference manuals.

For information on 401(k) plans and the responsibilities of the plan administrator and recordkeeper, the following sites may be helpful:

• The following is from the Employee Benefits Institute of America, LLC. It explains the DOL's position on Limited Liability clauses in a service provider agreement. It is helpful in understanding the fiduciary responsibility of a plan administrator when using service providers.
• Another helpful site is Watson Wyatt, an employee benefits advisor. The following addresses some of the latest 401k changes proposed by the Senate.
• Watson Wyatt offers some research for a fee. The "Pension Governance Survey" may be helpful.
• The Department of Labor governs 401k plans. Here is a link to a page on their website that discusses employer fees. Also, a link with general compliance information for benefit plans.

A money purchase plan is a defined contribution plan in which the employer commits to contribute a fixed percentage of payroll on behalf of eligible employees. Common percentages are 10 and 15 percent, but could be anything between 1 and 25 percent.

The contribution obligation in a money purchase plan is inflexible. Because of this, money purchase plans are generally considered to be "rich" plans and inappropriate for a business that lacks stable profits. Other types of plans are better suited to allow a business to make large contributions in good years and small contributions in bad years. Related Web sites:

• Money Purchase Plans.Com is an Internet resource designed to provide investors and organizations with basic information.
• Smart Money provides a good summary for small businesses, and compares the money purchase plan with other retirement plans.

The Foundation has accumulated sources of information on non-qualified deferred compensation plans (NQDC plans) as follows:

• MSN Money Central describes the basics of NQDC plans.
• Vinings Management Corporation says that, because they are unfunded, NQDC benefits are subject to various security risks, including: Change in Control, Change in Heart, Insolvency and Regulatory Intervention. They suggest some benefit security techniques, including Rabbi Trusts. Other security techniques include Secular Trusts, Annuities, and Split Dollar Insurance. An entire section of their Web site is devoted to articles from their newsletter, Vinings Update.

For information issuing stock as to non-family members, visit Fox, Rothschild, O'Brien & Frankel, LLP's web site. Scroll down to "Thinking of Issuing Stock to Some of Your Key Employees?".

Sources for information on best practices for corporate benefits are as follows:

• CFO.com provides a series of articles on HR and Benefits. Some suggested articles from this list are "Employers Too Generous with Health Benefits?" A guide to 401(k) providers is available here.
• HR Next provides information. Some HR Next information is only available to members. They provide an article on the legal status of benefits committees.

FEI Research Foundation Products available for this topic are:

• Self-Directed Brokerage Accounts in 401(k) Plans, August 2002
• Retirement Savings Plans-Study on Regulation, April 2002
• Determining the True Cost of Retirement Services, December 2001
• Time Horizons for Pension Fund Managers, May 1993
• Retiree Health Benefits, January 1989
• Non-Pension Benefits for Retired Employees, January 1985