Here is the latest issue of the Cypen & Cypen Newsletter.

An online version of this Newsletter will be available at

http://www.cypen.com/pubs/12-09/2009dec10.htm.

CYPEN & CYPEN

NEWSLETTER
for
DECEMBER 10, 2009

Copyright, 1996-2009, all rights reserved

Stephen H. Cypen, Esq., Editor

Never Forget September 11, 2001

1. ERISA ADVISORY COUNCIL RECOMMENDS SUPPORT OF DB PLANS BY DEPARTMENT

OF
LABOR: The Advisory Council on Employee Welfare and Pension Benefit Plans
has recommended that the U.S. Department of Labor provide support for
defined benefit pension plans. The ERISA Advisory Council is responsible
for advising the Secretary of Labor and submitting recommendations
regarding the Secretary's functions under ERISA. According to GRS, the
Advisory Council urged DOL to "champion" DB plans as an important means of
providing retirement security. Specifically, the Advisory Council
recommended that DOL should:

. maintain and expand DB plans;

. revise federal regulations for DB plans that are found to be

overly
burdensome; and

. direct the Pension Benefit Guaranty Corporation to develop

initiatives
to encourage continuation and expansion of DB plans.

The Advisory Council's recommendations are part of its ongoing efforts to

evaluate adequacy and structure of U.S. retirement plans. Toward this
end, the Advisory Council's website provides summaries of its findings on
three issues: (1) Promoting Retirement Literacy and Security by
Streamlining Disclosures to Participants and Beneficiaries, (2) Stable
Value Funds and Retirement Security in the Current Economic Conditions and
(3) Approaches for Retirement Security in the United States. The Advisory
Council's final recommendations and detailed supporting reports are
expected to be available on the Employee Benefits Security
Administration's website after January 2010:
http://www.dol.gov/ebsa/aboutebsa/erisa_advisory_council.html

2. FUNDING STATUS OF U.S. PENSIONS IMPROVES: U.S. stocks rose 5.7

percent in November, contributing to a 2.6 percentage-point improvement in
the funded status of the typical U.S. corporate pension plan, according to
BNY Mellon Asset Management. The funded status of the typical plan
improved to 82.5 percent at the end of November, which was the highest
level since May, and up from 79.9 percent at the end of October. Assets
for the typical U.S. corporate plan rose 3.6 percent, outpacing the 0.2
percent gain in liabilities during the month, which reflected interest
accruals as the discount rate for November was unchanged from October.
For the year, through November 30, the funding ratio for the typical plan
is up 8.6 percentage points.

3. SOCIAL SECURITY CLAIMING GUIDE: At what age should you begin

claiming
Social Security benefits? If you are approaching retirement, it is the
most important financial decision you will likely make. The Social
Security Claiming Guide, from Center for Retirement Research at Boston
College, sorts through all the options near-retirees need to consider.
Presented in an easy-to-read, colorful format, the guide shows you where
to begin, spells out how much you can get and answers frequently asked
questions about how the claiming process works. An electronic copy of
this little gem can be downloaded at
http://crr.bc.edu/images/stories/claiming_guide/claiming_guide_1123.pdf.

4. IRS ANNOUNCES 2010 STANDARD MILEAGE RATES: Internal Revenue Service

has issued the 2010 optional standard mileage rates used to calculate
deductible costs of operating an automobile for business, charitable,
medical or moving purposes. Beginning January 1, 2010, the standard
mileage rates for use of a car (also van, pickup or panel truck) will be

. 50 cents per mile for business miles driven

. 16.5 cents per mile driven for medical or moving purposes

. 14 cents per mile driven in service of charitable

organizations

The new rates for business, medical and moving expenses are slightly lower
than last year's. Mileage rates for 2010 reflect generally lower
transportation costs compared to a year ago. The standard mileage rate
for business is based on an annual study of the fixed and variable costs
of operating an automobile. The rate for medical and moving purposes is
based on variable costs as determined by the same study. Taxpayers always
have the option of calculating the actual costs of using their vehicle
rather than using standard mileage rates. IR-2009-111 (December 3,
2009).

5. FORMER HALLANDALE OFFICER SUES CITY ... AGAIN: A former Hallandale

Beach, Florida, police officer who last year received a $250,000
settlement from the city in a wrongful discrimination suit is again suing
the city. As reported by sunsentinel.com, in a complaint filed in state
Circuit Court, former Officer Mary Hagopian accused police Chief Thomas
Magill of reneging on the settlement agreement, by badmouthing her to
Wilton Manors Police Chief Richard Perez, who hired Hagopian last year.
Part of the settlement agreement forbade Hallandale Beach officials from
making disparaging remarks about Hagopian, and required that they limit
their responses to questions about her employment with the city. Perez
fired Hagopian in March, and immediately sent an e-mail to Magill stating:
"You are entitled to say 'I told you so.'" The suit also alleges that
city officials have failed to comply with several public records requests
filed by Hagopian's attorneys, who are seeking more than $500,000 in
damages and court costs.

6. VENTURE CAPITALIST PLEADS GUILTY IN NEW YORK PAY-TO-PLAY: A West

Coast venture capitalist pleaded guilty in the latest chapter of New York
Attorney General Andrew Cuomo's ongoing probe of corruption in the state
pension fund. Elliott Broidy, admitted to paying about $1 Million to four
top comptroller's office officials in order to get them to invest $250
Million in his fund, Markstone Capital Partners. All of the officials,
who were at the Comptroller's office at the time, have since left,
according to timesunion.com. The guilty plea was to a felony charge of
rewarding official misconduct, and requires Broidy to pay $18 Million and
possibly serve prison time. The gifts from Broidy to the comptroller's
officials were lavish. One official had Broidy funnel payments of $90,000
to his girlfriend to cover rent and hospital bills and another $44,000 in
payments went to a relative of the girlfriend. And who was that lady?
Why, none other than actress Peggy Lipton, best known for her role as
Julie Barnes in the late-60's TV series "The Mod Squad." Linc ... I need
your help.

7. THE MARKET CRASH AND MASS LAYOFFS: Recent dramatic declines in U.S.
stock and housing markets have led to widespread speculation that
shrinking retirement accounts and falling home equity will lead workers to
delay retirement. Yet, according to a working paper from National Bureau
of Economic Research, weakness in the labor market and its impact on
retirement is often overlooked. If older job seekers have difficulty
finding work, they may retire earlier than expected. The net effect of
the current economic crisis on retirement is thus far from clear. The
authors use 30 years of data to estimate models relating retirement
decisions to fluctuations in equity, housing and labor markets. They
found that workers age 62 to 69 are responsive to the unemployment rate
and to long-run fluctuation in stock market returns. Less-educated
workers are more sensitive to labor market conditions and more-educated
workers are more sensitive to stock market conditions. The authors found
no evidence that workers age 55 to 61 respond to these fluctuations or
that workers at any age respond to fluctuating housing markets. On
balance, the authors predict that increase in retirement attributable to
the rising unemployment rate will be almost 50 percent larger than the
decrease in retirement brought about by the stock market crash. Very
interesting. NBER Working Paper No. 15395 (October 2009).

8. THE TEN STRANGEST MUTUAL FUNDS: Perhaps you thought you already were
invested in some weird stuff. For your further edification, here is U.S.
News & World Report's take on the 10 strangest mutual funds:

A. The Congressional Effect Fund (CEFFX). This fund exists to answer

the
question "How much investment wealth does Congress destroy?" Its manager
sees politicians' disruptive influences as so far-fetching that when
Congress is in session, he pulls completely out of the stock market and
moves the entire portfolio into treasuries, cash and money market funds.

B The StockCar Stocks Index Fund (SCARX). At first glance, this fund,
which tracks an index of companies that support NASCAR's Sprint Cup
Series, is a dream come true for racing fans. But a more careful look
reveals a different story: most of its holdings are only tangentially
related to NASCAR (Disney, Target, Coca-Cola and Sony, for example).

C. The Blue Chip Winery Fund. Jokingly called the best "liquid"
investments on the market, wine funds once enjoyed some popularity. This
fund takes a bit of an untraditional approach to wine investing; instead
of buying actual bottles of wine, it will invest exclusively in real
estate holdings like wineries and storage facilities.

D. The Herzfeld Caribbean Basin Fund (CUBA). While most managers talk
about investing with long time horizons, few are willing to stake large
chunks of their fortunes on an event that may never happen in the lifetime
of their funds. The fund manager has been waiting patiently for the last
fifteen years for the Cuba embargo to come crashing down. Buena Suerte.

E. The Marketocracy Masters 100 Fund (MOFQX). If you are a mutual fund
investor, chances are there has been a time when you have loudly ranted
about how you can do a better job than your fund manager. With this fund,
you get the opportunity to be your own manager -- at least kind of, and
only if you beat out thousands of other investors. If a model portfolio
you suggest is used, you get a small piece of the action.

F. The Vice Fund (VICEX). As its name suggests, this fund invests in
"sin
stocks," and its list of top holdings is littered with companies that
conscientious investors love to hate: Philip Morris, Lorillard, British
American Tobacco and Altria.

G. The Monetta Young Investor Fund (MYIFX). Ever wonder what would
happen
if you put your third-grade child in charge of a mutual fund? Chances are
it would include plenty of Disney and McDonald's shares, so it is no
coincidence that those companies are among this fund's top holdings. Apart
from picking stocks that kids readily recognize, the fund offers to mail
shareholders finance-related games and activities for children, and lets
families accumulate rewards points that can help pay for college tuition.

H. The Timothy Plan Aggressive Growth Fund (TAAGX). Have you ever
wanted
a complimentary moral audit? On this fund's website, that is only one of
several services offered to potential clients who are interested in
investing in accordance with Christian values. Shalom, Brother.

I. The Adaptive Allocation Fund (AAXCX). This fund takes a rather

formulaic approach to investing: it uses upwards of 80 "fundamental"
models -- in addition to a number of "technical" models -- to decide where
to invest. With these models, the fund's managers take the
jack-of-all-trades approach to a new level, giving themselves the ability
to invest any portion of the portfolio in essentially any type of security
for as long of a period as they see fit. (Does the name Madoff ring a
bell?)

J. The Women's Leadership Fund. When this fund opens its doors next
year,
it will focus on companies that have significant female representation in
their leadership teams. And while the fund is largely idealistic in
nature -- 20 percent of fees it collects will be set aside for promoting
opportunities for financially disadvantaged women -- it also points to
research claiming that companies that embrace gender diversity in their
boardrooms tend to perform better.

And, of course, we have a bridge for you in Brooklyn (because someone

already bought the one in London).

9. YOU COULD HAVE HEARD A PIN DROP: At a time when our president and
other politicians tend to apologize for our country's prior actions,
here's a refresher on how some of our former patriots handled negative
comments about our country:

When in England, at a fairly large conference, Colin Powell was asked by

the Archbishop of Canterbury if our plans for Iraq were just an example of
empire building by George Bush.

He answered by saying, "Over the years, the United States has sent many of
its fine young men and women into great peril to fight for freedom beyond
our borders. The only amount of land we have ever asked for in return is
enough to bury those that did not return."

You could have heard a pin drop

10. AN OLD FARMER'S ADVICE: A bumble bee is considerably faster than a

John Deere tractor.

11. IDIOSYNCRASIES OF OUR LANGUAGE: Is there another word for synonym?

12. QUOTE OF THE WEEK: "Between two evils, I always pick the one I never
tried before." Mae West

* * * * *

777 Arthur Godfrey Road

Miami Beach, Florida 33140
Telephone/Miami-Dade: 305.532.3200
Telephone/Broward: 954.522.3200
Telephone/Toll Free: 800.332.3200
Telecopier: 305.535.0050
www.cypen.com
info@cypen.com