Why you should attend
A working knowledge of 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 seminar 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
Who should attend
Lawyers, Human Resource practitioners and other professionals in the area of employee benefits and compensation planning who need an introduction to ERISA.
DAY ONE: 8:30 a.m. - 5:00 p.m.
Morning Session: 8:30 a.m. - 12:00 p.m.
Andrew L. Gaines, 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 type of plans are covered
- What type of plans are not covered
- Fiduciary structure
Joseph R. Simone
B. Introduction to Tax-Qualified Plans
- Qualified plan vs. nonqualified plan
- Overview of tax incentives for qualified plans
- General qualification requirements
- Historical categories - pension/profit sharing/stock bonus/money purchase
- Defined contribution/defined benefit
- "Pension" plans under ERISA
Robert C. Fleder
A. Eligibility and Coverage
10:15 Networking Break
10:30 Eligibility, Coverage, Vesting, Distributions
- 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 and Taxation
- Forms of distribution
- Timing of distributions
- Tax consequences
David M. Cohen
Afternoon Session: 1:00 p.m. - 5:00 p.m.
1:00 401(k) Plan Fundamentals, Title IV Defined Benefit Plans, and Employer Securities in Qualified Plans
A. 401(k) Plan Fundamentals
- Basic design features
- Special nondiscrimination rules
- Special distribution rules
Leonard S. Hirsh, Serena Simons
B. Title IV - Defined Benefit Plans: Design, Funding, the PBGC, Plan Terminations, Multiemployer Plans
- Basics of defined benefit plans
- The Pension Benefit Guaranty Corporation
- Minimum funding requirements
- Plan terminations
- Multiemployer plans
C. Employer Securities in Qualified Plans
- 401(k) plans
Norman P. Goldberg
3:15 Networking Break
3:30 Determination Letters/IRS and DOL Correction Programs; Reporting and Disclosure; and Research Tools
A. Determination Letters/IRS and DOL Correction Programs
- Determination letters - application process and effect of a favorable letter
- Internal Revenue Service and Department of Labor 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 procedures
C. Employment and Labor Laws
- The Age Discrimination in Employment Act
- The Americans with Disabilities Act
- The National Labor Relations Act
- The Fair Labor Standards Act
Steven J. Friedman
DAY TWO: 8:30 a.m. - 5:00 p.m.
Morning Session: 8:30 a.m. - 12:45 p.m.
8:30 Fiduciary Responsibilities/Prohibited Transactions
- Prudence and other general rules
- Prohibited transactions
- "Plan assets"
- Trust and custody requirements; bonding; indemnification and insurance
- Special Issues for financial institutions
Ira G. Bogner, Erin Cho, Arthur H. Kohn, Joel I. Krasnow
9:30 ERISA Litigation
- Claims litigation
- Preemption cases
- Other recent Supreme Court precedent
- Fiduciary litigation, including indirect-fee and stock-drop class actions
Nicholas J. Pappas, Wendy Schick Dougall, Denise Zamore
10:30 Networking Break
10:45 Executive Compensation/Nonqualified Deferred Compensation Plans/SERPs
- Types of plans and programs
- Employment agreements
- "Section 409A"
Colleen Hart, Regina Olshan
11:45 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: 1:45 p.m. - 5:00 p.m.
1:45 A Grab-Bag of Additional Considerations - Welfare Plans and Health-Care Reform, Bankruptcy, Employment and Labor Laws, Accounting and Ethics
- Welfare plans and health-care reform
- Bankruptcy-related ERISA provisions and Bankruptcy Code provisions
- Accounting considerations
- Ethical considerations
- Administrative materials and case law
- Available information regarding companies and their plans
Harvey D. Cotton, Marissa Holob, Susan B. Hutches, Martha N. Steinman, Ephraim Sudwerts
3:45 Networking Break
4:00 Other Perspectives - the Smaller Firm and Inside Counsel - and ERISA in the Headlines
A. Other Perspectives - the Smaller Firm and Inside 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
- Health-care reform
- Employer stock
- Executive compensation
- DOMA, and other issues for same-sex couples
Andrew L. Gaines, Andrew L. Oringer
~ Director, Global Human Resource Solutions, PricewaterhouseCoopers
New York City Seminar Location
PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, New York 10019. Message Center, program days only: (212) 824-5733.
New York City Hotel Accommodations
Due to high demand and limited inventory in NYC, we recommend reserving hotel rooms as early as possible.
The New York Hilton & Towers, 1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is N495741. Reservations on line at www.hilton.com and enter the same Client File # in the Corporate ID # field to access Practising Law Institute rates.
The Warwick New York Hotel, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at www.warwickhotelny.com Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to: email@example.com
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Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys. All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.
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