This is a webcast of the live New York session.
Why you should attend
A working knowledge of the Employee Retirement Income Security Act’s (ERISA) framework is crucial for lawyers, HR practitioners and other professionals in the area of employee benefits and compensation planning. Our experienced faculty of leading practitioners will discuss a broad array of topics, including the basic regulatory framework, the types of plans covered, the requirements for intended tax treatment, fiduciary responsibilities and other issues relating to the investment of plan assets, how to correct errors and the role of the benefits practitioner in the transactional setting. In addition, you will learn about recent IRS, DOL and legislative and judicial developments. The benefits practice also reaches beyond ERISA and the tax laws, and the scope of the program will extend to executive compensation and to related laws other than ERISA and the Internal Revenue Code, such as those covering employment discrimination.
What you will learn
- Requirements and special rules applicable to different retirement plans
- Specific rules applicable to defined benefit plans and defined contribution plans
- Pension Benefit Guaranty Corporation (PBGC) insurance coverage
- Distributions from qualified plans; reporting and disclosure requirements; fiduciary responsibilities and other aspects of plan investment
- Ethical issues for the practitioner
- Design and operation of 401(k) plans
- Earn 1.5 hours of Ethics credit
- Earn Continuing Professional Education credit
Who should attend
Lawyers, human resources practitioners and other professionals in the area of employee benefits and compensation planning who need an introduction to ERISA.
PLI Group Discounts
Groups of 4-14 from the same organization, all registering at the same time, for a PLI program scheduled for presentation at the same site, are entitled to receive a group discount. For further discount information, please contact email@example.com or call (800) 260-4PLI.
PLI Can Arrange Group Viewing to Your Firm
Contact the Groupcasts Department via email at firstname.lastname@example.org for more details.
All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program at any time.
DAY ONE: 8:30 a.m. - 5:15 p.m.
Morning Session: 8:30 a.m. - 12:15 p.m.
8:30 Opening Remarks and Introduction
Andrew L. Gaines and Andrew L. Oringer
8:45 Overview of ERISA Fundamentals, and Tax Qualified Plans
A. ERISA Fundamentals - an Overview
- What is ERISA - regulatory overview
- What does it regulate
- What types of plans are covered
- What type of plans are not covered
- Fiduciary structure
Joseph R. Simone
B. Introduction to Tax-Qualified Plans
- Qualified plan v. nonqualified plan
- Overview of tax incentives for qualified plans
- General qualification requirements
C. "Types of Qualified Plans"
- Historical categories - pension/profit sharing/stock bonus/money purchase
- Defined contribution v. defined benefit
- Pension plans under ERISA
Robert C. Fleder
10:15 Networking Break
10:30 Eligibility, Coverage, Vesting, Distributions
A. Eligibility and Coverage
- Eligibility Standards
- Nondiscrimination in coverage
- Minimum participation
David M. Glaser
- Vesting standards
- Special rules for defined contribution plans
- Special rules for plan terminations
Jed W. Brickner
C. Distribution Requirements
- Forms of distribution
- Timing of distributions
- Tax Consequences
Susan E. Bernstein
Afternoon Session: 1:15 p.m. - 5:15 p.m.
1:15 401(k) Plan Fundamentals, Title IV Defined Benefit Plans, and Fiduciary Responsibility and Prohibited Transactions
B. 401(k) Fundamentals
- Basic design features
- Special nondiscrimination rules
- Special distributuion rules
Leonard S. Hirsh, Serena G. Simons
C. Title IV - Defined Benefit Plans: Design Funding, the PBGC, Plan Terminations and Multiemployer Plans
- Basics of defined benefit plans
- Minimum funding requirements
- Plan terminations
- Multiemployer plans
D. Fiduciary Responsibilities/Prohibited Transactions
- Fiduciary standard of conduct/prudence
- Trust and custody requirements; bonding; indemnification and insurance
- Fiduciary structure/committees
- Plan assets
- Prohibited transactions
Ira G. Bogner, Erin K. Cho, Arthur H. Kohn, Joel I. Krasnow
4:00 Networking Break
4:15 Determination Letters/IRS and DOL Correction Programs; Reporting and Disclosure
A. Determination Letters/IRS and DOL Correction Programs
- Determination letters - application process and effect of a favorable letter
- IRS and DOL voluntary correction programs
- Special rules for master and prototype plans and volume submitter plans
Kenneth A. Raskin
B. Reporting and Disclosure
- Annual Form 5500 reports
- SPDs and SMMs
- Claims Procedure
DAY TWO: 8:30 a.m. - 5:00 p.m.
Morning Session: 8:30 a.m. - 12:30 p.m.
8:30 Employer Securities in Qualified Plans
- 401(k) Plans
William E. Ryan
9:15 ERISA Litigation
- Claims litigation
- Preemption cases
- Other recent Supreme Court precedent
- Fiduciary and other class action litigation
Nicholas J. Pappas, Wendy Schick Dougall, Denise V. Zamore
10:15 Networking Break
10:30 Executive Compensation/Nonqualified Deferred Compensation/SERPs
- Types of plans and programs
- Employment agreements
- Section 409A/Section 83
Colleen M. Hart, Regina Olshan
11:30 The M&A Transactional Practice
- Types of transactions
- Due diligence
- Representations and warranties
- Executive compensation
- Practical considerations
Brian D. Robbins, Michael J. Segal, Elizabeth Pagel Serebransky
Afternoon Session: 1:30 p.m. - 5:00 p.m.
1:30 A Grab-Bag of Additional Considerations - Welfare Plans and Health Care Reform, Bankruptcy, Accounting, Employment and Labor Laws and Ethics
- Welfare plans and health reform
- ERISA related Bankruptcy considerations
- Accounting Considerations
- Employment and labor laws
- Ethical considerations
Harvey D. Cotton, Philip E. Deitch, Steven J. Friedman, Marissa Holob, Martha N. Steinman
3:30 Networking Break
3:45 Other Perspectives - The Smaller Firm and Inside Counsel - And ERISA in the Headlines
A. Other Perspectives - the Smaller Firm and In-house Counsel
- The world outside of big law firms
- Sole practitioners and other small firms
- Special considerations for inside counsel
Adam E. Faber, Liza M. LeAndre
B. ERISA in the Headlines
- Legislative developments
- Regulatory developments
Andrew L. Gaines, Andrew L.Oringer
Leonard S. Hirsh
~ Global Compliance Director, Citi Pension and Retirement Plans, Citigroup
PLI makes every effort to accredit its Live Webcasts. Please check the CLE Calculator above for CLE information specific to your state.
PLI's Live Webcasts
are approved for MCLE credit (unless otherwise noted in the product description
) in the following states/territories: Alabama, Alaska, Arkansas, California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho*, Illinois, Indiana1
, Iowa*, Kansas*, Kentucky*, Louisiana, Maine*, Minnesota, Mississippi, Missouri, Montana, Nebraska, North Carolina, North Dakota, New Hampshire*, New Jersey, New Mexico, Nevada, New York2
, Oklahoma, Oregon*, Pennsylvania4
, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia5
, Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming*.*PLI will apply for credit upon request.
Arizona: The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement.
Arkansas and Oklahoma: Audio-only live webcasts are not approved for credit.
1Indiana: Considered a distance education course. There is a 6 credit limit per year.Running time and CLE credit hours are not necessarily the same. Please be aware that many states do not permit credit for luncheon and keynote speakers.
2New York: Newly admitted attorneys may not take non-transitional course formats such as on-demand audio or video programs or live webcasts for CLE credit. Newly admitted attorneys not practicing law in the United States, however, may earn 12 transitional credits in non-traditional formats.
3Ohio: To confirm that the live webcast has been approved, please refer to the list of Ohio’s Approved Self Study Activities at http://www.sconet.state.oh.us. Online programs are considered self-study. Ohio attorneys have a 6 credit self-study limit per biennial compliance period. The Ohio CLE Board states that attorneys must have a 100% success rate in clicking on timestamps to receive ANY CLE credit for an online program.
4 Pennsylvania: A live webcast may be viewed individually or in a group setting. Credit may be granted to an attorney who views a live webcast individually. There is a 4.0 credit limit per year for this type of viewing. A live webcast viewed in a group setting receives live participatory credit if the program is open to the public and advertised at least 30 days prior to the program. Live webcasts viewed in a group setting that do not advertise at least 30 days prior the program will be considered "in-house", and therefore denied credit.
5Virginia: All distance learning courses are to be done in an educational setting, free from distractions.
Note that some states limit the number of credit hours attorneys may claim for online CLE activities, and state rules vary with regard to whether online CLE activities qualify for participatory or self-study credits. For more information, refer to your state CLE website or call Customer Service at (800) 260-4PLI (4754) or email: email@example.com.
If you have already received credit for attending some or the entire program, please be aware that state administrators do not permit you to accrue additional credit for repeat viewing even if an additional credit certificate is subsequently issued.