INS IDE SCOOP
THE UTAH TRUCKING ASSOCIATION MULTIPLE EMPLOYER 401K PLAN
BY RICK CLASBY UTA Executive Diretor
The UTA has added another great mem-
bership benefit—The Utah Trucking Association Multiple Employer 401k Plan. After many months of research, the UTA
has selected 401(k) Advisors Intermountain as the Utah based team to manage this important and unique offer- ing. I want to thank Scott Godfrey and the UTA leadership team for making this bene- fit possible.
About the Utah Trucking Association 401(k) Plan
Recent economic conditions have forced
us all to re-evaluate costs and look for sav- ings. The UTA now has a retirement solu- tion. It is the Utah Trucking Association 401k Plan. All UTA members will now have the opportunity to participate in the UTA
401(k) Plan managed by Transamerica Retirement Solutions and 401(k) Advisors Intermountain.
What are the Benefits? By choosing to participate in the Utah
Trucking Association 401k Plan, you can receive tremendous cost and time savings instead of having your own single employer plan. How? The plan, from a government reporting standpoint, is treated like one large plan. The end result for you is a 401k plan with competitive investments, out- standing service, and someone else doing a majority of the plan maintenance leg work and virtually all administrative tasks. Additionally, you save money on every-
thing from plan-audit costs, compliance testing costs, plan-document-preparation costs, Form 5500 filing costs and quarterly participant statement distribution costs to
name a few. Finally, you will receive significant sup-
port in managing your fiduciary responsi- bilities. You might not have the resources or expertise to manage a retirement plan from a fiduciary standpoint; Transamerica, 401(k) Advisors Intermountain and the Utah Trucking Association 401k Plan will assume a significant amount of responsibil- ity on your behalf. With the Utah Trucking Association
401k Plan, your company will still be able to determine plan specifics such as eligibil- ity, vesting, contribution types, profit shar- ing, withdrawals and other options. UT
To learn more about this new UTA member benefit or for a free benchmarking of your plan to see how it compares, contact Corby Dall at 401(k) Advisors Intermountain 801-990-3434 or
corby@401kaim.com
THE SELF-CRITICAL ANALYSIS PRIVILEGE
Check in with an attorney prior to turning over post-accident documentation
BY
BRIANA.MILLS Guest Writer
After a catastrophic accident, trucking
companies often conduct independent post- accident investigations. While these inde- pendent investigations help prevent future accidents and lay the stage for defenses at trial, they could potentially uncover sensitive information about the driver or the compa- ny’s fault. It is no surprise that opposing counsel will often attempt to obtain the post-accident investigation materials through discovery requests. How should your company respond? Begin by speaking with your attorney. Many courts recognize a “self-critical analy-
24 UTAH TRUCKING ~ Issue 2, 2013
sis privilege” which protects a party from having to disclose post-accident investiga- tion and analysis. See, e.g., Dowling v. American Hawaii Cruises, Inc., 971 F.2d 423 (9th Cir. 1992). These courts will typically require your company to prove three things: • The information your company wants to protect resulted from critical self-analysis.
• The public has a strong interest in preserving the free flow of such information.
• Disclosure would threaten the flow of such information. For example, a company seeking to pre-
vent disclosure of an internal audit of an accident that resulted in the firing of a driver
should argue that the information resulted from critical self-analysis, the public benefit- ed from the internal monitoring of safe driv- ing practices, and disclosure would prevent the company from conducting similar audits in the future. In short, a brief conversation with your
attorney about the disclosure of post-acci- dent investigation may prevent the opposing party from obtaining harmful information obtained after the accident. UT
Please submit comments or questions to Brian A. Mills, Associate, Transportation Practice Group, Snow, Christensen & Martineau 801-322-9128
bam@scmlaw.com.
www.utahtrucking.com
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