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1 100 Jericho Quadrangle Jericho, NY (800) Fax (516) THE SPINA GROUP AT MORGAN STANLEY SMITH BARNEY ROBERT D. SPINA ERIC R. TAITZ NANCY A. BOHAN Senior Vice President Portfolio Manager Senior Vice President Financial Advisor First Vice President Portfolio Management Director (516) (516) KARIN NONNENMANN Registered Marketing Associate (516) (516) PATRICIA WATKINS Client Service Associate (516) Nancy Bohan, Eric Taitz, Bob Spina Eric R. Taitz, Senior Vice President, Financial Advisor at Morgan Stanley Smith Barney has over 26 years of experience advising individuals and corporations. Eric gained experience as a Margin Clerk at Dean Witter and as an Internal Auditor at E.F. Hutton. In 1983, he began his career as a Financial Advisor. Eric is committed to his community and has been a softball coach on the national and local level. He serves on the Board of the Fuco Memorial benefiting Camp Pa Qua Tuck, a children s handicap camp. Eric lives in Suffolk County with his wife and their two children. June 2010 Robert D. Spina, Senior Vice President, Portfolio Manager at Morgan Stanley Smith Barney has over 42 years of experience advising individuals, pension plans and corporate clients in the various financial markets. He has been an industry commentator on CNN Financial News, Bloomberg Television, WLNY, and Fox 5 as well as CBS Radio 880, Bloomberg Radio, National Public Radio, and Associated Press Consumer Watch and was heard on Money Watch, a nationally aired radio show, for five years. He has been featured on the cover of Investment Advisor Magazine. Bob is a three time recipient of the President s Volunteer Gold Service Award. This national honor is awarded by the President of the United States to recognize the valuable contributions made by volunteers across the nation. A lifelong area resident, Bob engages in many community and charitable activities. Bob, his wife and their two sons reside in Nassau County. Nancy A. Bohan, First Vice President, Portfolio Management Director at Morgan Stanley Smith Barney has over 8 years of experience providing sound and prudent financial advice to High Net Worth individuals and corporations. She is a Chartered Retirement Planning Counselor (CRPC ), focusing on the retirement planning needs of individuals. Nancy earned a Bachelor of Science degree from St. John s University as well as a Master of Business Administration in Finance from Hofstra University. Nancy and her husband reside in Nassau County. Volume II
2 401(k) Review As the person entrusted with establishing and maintaining your company s 401(k) plan, you have many choices. Which plan features will help you attract and retain the best employees? What combination of investment styles will give them the best opportunity to pursue a financially successful retirement? In our role as Financial Advisors with Morgan Stanley Smith Barney, we have assisted other businesses like yours to address these issues. Supported by Morgan Stanley Smith Barney s broad resources, we can assist you in evaluating and establishing a 401(k) plan that is consistent with your objectives. With access to a wide variety of 401(k) solutions, we are positioned to help you develop and implement the retirement plan that meets your needs and the needs of your employees. As the person responsible for your company s 401(k) plan would you like to: Better understand your fiduciary responsibilities? Increase employee participation? Make sure that you are taking advantage of the new pension laws under the Pension Protection Act of 2006? We have enclosed a 401(k) Questionnaire that may help you clarify and define your 401(k) plan needs. Please feel free to complete the questionnaire and return it to The Spina Group via fax at (516) We are confident that together we can enhance your company s 401(k) plan. Tax laws are complex and subject to change. Morgan Stanley Smith Barney LLC, its affiliates and Morgan Stanley Smith Barney s Financial Advisors do not provide tax or legal advice and are not fiduciaries (under ERISA, the Internal Revenue Code or otherwise) with respect to the services or activities described herein except as otherwise agreed to in writing by Morgan Stanley Smith Barney. This material was not intended or written to be used for the purpose of avoiding tax penalties that may be imposed on the taxpayer. Individuals are urged to consult their tax or legal advisors before establishing a retirement plan and to understand the tax, ERISA and related consequences of any investments made under such plan. For more information on The Spina Group or for timely market information please visit or new website:
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5 WHY AN ADVISOR? 5 reasons why 401(k) plan sponsors should seek the assistance of a Financial Advisor: 1. For help with understanding fees and expenses. Plan Sponsors are required to know all fees and expenses that are being paid by the plan, directly or indirectly, and to determine whether they are reasonable. Also, on an ongoing basis, sponsors are responsible for making sure that costs continue to be reasonable. Explain fees and expenses paid by the plan or otherwise received by the plan s service providers. Determine whether fees and expenses are reasonable i.e., whether fees and expenses are competitive in the marketplace and the plan/participants are receiving value commensurate with the cost. Conduct a periodic cost analysis (generally every 3-5 years) to ensure that fees remain competitive. 2. For guidance in evaluating and choosing a provider. Plan Sponsors should evaluate the quality of the services the plan receives in exchange for what the plan is paying. Conduct a needs analysis. Ensure that the provider chosen meets the needs of the plan - while considering the cost at the same time. Solicit and evaluate proposals from other providers periodically to help ensure services and fees remain competitive. 3. For knowledge and experience in selecting and monitoring investments. The Department of Labor, as well as a number of courts, have taken the position that fiduciaries that are not qualified by education or experience must get help from competent sources. Demonstrate a prudent process by providing an investment policy statement template and guidance on how to customize it. Assist plan sponsors with identifying funds that are generally consistent with the plan's investment policies and objectives. Provide detailed reporting and analysis to monitor plan investments. 4. For improving participation rates. Plan Sponsors are ultimately responsible for the overall success of their plan high relative participation, deferral rates and well-diversified participant accounts. Formulate and execute an effective communications strategy, including education and enrollment meetings. Explain potential plan design enhancements such as automatic enrollment and Qualified Default Investment Alternatives (QDIAs). Measure success of participation strategies and enhancements.
6 Why An Advisor? 5. For ongoing support in understanding and managing fiduciary responsibilities. Plan Sponsors must follow a prudent process and document that process as they fulfill their responsibilities. Educate plan sponsors on their fiduciary obligations by providing them with timely whitepapers and articles. Demonstrate a prudent process by showing how to document decisions with a Fiduciary Audit File and checklist. Inform plan sponsors of current industry trends and explain how they may affect their plan. Neither Morgan Stanley Smith Barney nor any Financial Advisor is a fiduciary with respect to your plan for purposes of the Employee Retirement Income Security Act of 1974, as amended, or similar laws, unless such fiduciary status is conferred by some other agreement. The services provided by Financial Advisors do not take into account any tax considerations and do not constitute legal or tax advice of any kind. You should consult your legal and tax advisors regarding all such considerations. The actual services provided to a particular plan sponsor will be based on a current review of the plan, and the provision of such services (including the timing thereof) is subject to change. The final determination to utilize any of the above-mentioned services will be made by the plan sponsor, in accordance with its fiduciary responsibilities. Morgan Stanley Smith Barney LLC and its affiliates do not provide tax or legal advice. To the extent that this material or any attachment concerns tax matters, it is not intended to be used and cannot be used by a taxpayer for the purpose of avoiding penalties that may be imposed by law. Any such taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor Morgan Stanley Smith Barney LLC. Member SIPC.
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