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
Special Features
- 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 membership@pli.edu or call (800) 260-4PLI.
PLI Can Arrange Group Viewing to Your Firm
Contact the Groupcasts Department via email at groupcasts@pli.edu for more details.
Cancellations
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
Susan Serota
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
B. Vesting
- 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
12:15 Lunch
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
- Integration
- PBGC
- Minimum funding requirements
- Plan terminations
- Multiemployer plans
Bruce Cadenhead
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
Jeffrey Ross
5:15 Adjourn
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
- ESOPs
- 401(k) Plans
- Litigation
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
- Covenants
- Indemnities
- Executive compensation
- Practical considerations
Brian D. Robbins, Michael J. Segal, Elizabeth Pagel Serebransky
12:30 Lunch
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
- Litigation
Andrew L. Gaines, Andrew L.Oringer
5:00 Adjourn
Co-Chair(s)
Speaker(s)
Leonard S. Hirsh ~ Global Compliance Director, Citi Pension and Retirement Plans, Citigroup
Program Attorney(s)
PLI makes every effort to accredit its Live Webcasts. Please check the CLE Calculator above for CLE information specific to your state.
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1Indiana: Considered a distance education course. There is a 6 credit limit per year.
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