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Understanding Erisa 2008
Jul. 21 - 22, 2008PLI California Center-San Francisco, CA
Overview
Recently admitted NY attorneys: This program is accredited for transitional CLE credit
Why You Should Attend
This program will address fundamental issues behind structuring and managing qualified employee retirement benefit plans. Beginning with the statutory framework of ERISA, an experienced faculty will explain the types of plans covered by the statute, their requirements, how they are funded, how distributions are made, how they are terminated, the types of records that must be kept and what filings must be made. In addition, you will find out where the Internal Revenue Service, Pension Benefit Guaranty Corporation and Department of Labor fit into the complicated statutory scheme of ERISA.
What You Will Learn
- Statutory framework of ERISA
- Definitions, requirements and special rules of defined benefit, defined contribution and other retirement plans
- Forms, timing and taxation associated with distributions from qualified plans
- Reporting and disclosure requirements
- Fiduciary responsibility, including ethical requirements
- Design and operation of 401(k) plans
- Minimum vesting and minimum participation standards
- Plan termination insurance coverage
- Specialty issues, including strategies for successfully conducting ERISA-related research
Who Should Attend
This program is designed for attorneys and allied professionals with little or no background in qualified employee benefit plans.
Special Features
Live Webcast - Simultaneous live webcast of the San Francisco session is available for individual viewing. Webcast participants will receive streaming audio and/or video of the program, view and print the Course Handbook, and have the ability to submit questions electronically.
For more information click on the Live Webcast link at the top of the page.
Special Bonus to all Registrants
All attendees will receive a complimentary copy of PLI's comprehensive Course Handbook. This softcover, bound volume was written to augment the program and to stand alone as a permanent reference. PLI's Course Handbooks represent the definitive thinking of the nation's finest legal minds, and are often the standard reference in the field.
Please Note: Webcast attendees will receive a downloadable version of the Handbook one business day prior to the program.
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.
Schedule
First Day: 8:30 a.m. - 5:15 p.m.
Morning Session: 8:30 a.m. - 1:00 p.m.
8:30 Introduction
J. Simone
- Employee welfare benefit versus employee pension benefit plans
- Qualified versus non-qualified plans
- Defined contribution versus defined benefit plans
- Tax qualification under Code Sections 401(a)(4), 401(a)(26) and 410(b)
- Issues in ethics and professionalism
9:45 Defined Benefit Plans
- Plan selection considerations
- Plan formula
- Covered compensation
- Special qualification rules
10:45 Break
11:00 Defined Contribution Plans
- Plan selection considerations
- Plan formula
- Covered compensation
- Special qualification rules
12:00 Minimum Participation Standards and Coverage Requirements
- Requirements of final regulations under Code Sections 401(a)(26), 410(b) and 414(r)
- Nondiscriminatory classification test
- Average benefit percentage test
- Age and service - statutory exclusions
- Methods of crediting service
- Controlled group problems
- Plan aggregation and disaggregation
- Testing under separate lines of business
1:00 Lunch
Afternoon Session: 2:00 p.m. - 5:15 p.m.
2:00 Minimum Vesting Schedules
- Function of vesting
- Statutory vesting schedules
- Schedules taken into account
- Controlled group considerations
- Predecessor employer
- Predecessor plan vesting and discrimination
- Background
- Service position
3:00 Funding Plan Benefits
- Accrual of benefits
- Funding media
- Funding methods and actuarial assumptions
- Minimum funding requirements
4:00 Break
4:15 Panel Discussion: Specialty Issues (PBGC, 409A Regulations, and the Internet) Plan Termination Insurance
- Overview of Title IV of ERISA
- Premium requirements
- Termination notice requirements
- Contingent employer liability
- Which web and print resources are part of a good ERISA library?
- Which sources provide information quickly?
- Where can I find:
- Legal, government and regulatory agency sources?
- Employee benefit plan information?
- Relevant corporate transaction information?
- News and analysis to keep me up to date?
5:15 Adjourn
9:00 Integration of Benefits and Allocation Formulas
- Requirements of final regulations under Code Section 401(1)
- Methods of permissible discrimination
- Pension plans
- Types of integrated plans
- Integration level
- Integration rate
- Profit Sharing plans
- Miscellaneous
10:00 Design and Operation of 401(k) Plans
- Definition of cash or deferred arrangements
- Requirements of regulations under Code Sections 401(k) and 401(m)
- Applicable limitations under Code Sections 401(k), 401(m), 402(g) and 415
- Nondiscrimination testing under Code Sections 401(k) and 401(m)
- Distribution limitations
- Common design features such as plan loans, hardship withdrawals and investment options
11:00 Break
11:15 Reporting and Disclosure and CAP/VCR Programs: Avoiding Potential Liabilities, Including Litigation
- Plan administrator
- Annual reports (Form 5500) and summary annual reports
- Summary plan descriptions
- PBGC requirements
- Miscellaneous reports and statements
- Penalties for noncompliance
- Manner of correcting operational defects in qualified plans
12:15 Lunch
Afternoon Session: 1:15 p.m. - 4:45 p.m.
1:15 Fiduciary Responsibility
- Avoiding Enron-type problems
- Scope of responsibility and ethics of fiduciaries
- Fiduciaries and parties-in-interest
- Investment duties
- Prohibited transactions
- ERISA Section 404(c) standards
2:15 Distributions from Qualified Plans
- What are the different forms of distribution from qualified plans?
- When can distributions be made to me?
- When can distributions be made while I am still employed?
- When can a plan make a distribution to me without my consent?
- What are the tax consequences of a distribution?
- What is a rollover and when can I make one?
- How does the Pension Protection Act of 2006 affect the plan distribution rules?
3:00 Break
3:15 Distributions from Qualified Plans (Cont'd)
3:45 Plans That Invest in Employer Securities
- Employer and employee considerations
- Fiduciary issues
- ESOPs
- 401(k) plans
4:45 Adjourn
Faculty
Co-Chair(s)
Diane Aaron, Buffington & Aaron, A Law CorporationJoseph R. Simone, Day Pitney LLP
Speaker(s)
Gary W Blank, Carlson, Quinn & AssociatesAndrew L. Gaines, Weil, Gotshal & Manges LLP
Susan B. Hutches, Consultant
Tim Mahannah, Principal, Altman & Cronin Benefit Solutions Inc
Nancy L. Ober, Littler Mendelson PC
Saswati Paul, Greenberg Traurig, LLP
Kai Petersen, Principal, Buck Consultants
Christine L. Richardson, Pillsbury Winthrop Shaw Pittman LLP
Ira M. Summer, President, Public Pension Professionals
Program Attorney(s)
Grace O'Hanlon, Practising Law InstituteCLE Credit
PLI's live programs are approved in all states that require mandatory continuing legal education for attorneys. Please be sure to check with your state for details.
Please check the CLE Calculator above each product description for CLE information specific to your state.
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.
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.
Travel Information
San Francisco Seminar Location
PLI California Center, 685 Market Street, San Francisco, California 94105. (415) 498-2800.
San Francisco Hotel Accommodations
The Palace Hotel, 2 New Montgomery Street, San Francisco, California 94105. Call (800) 917-7456 seven days a week from 6:00 am to 12:00 am (PDT) and mention you are attending this program at Practising Law Institute to receive the preferred rate. For online reservations, go to www.SFPALACE.com and enter SET No. 287179 to receive the preferred rate.
Due to high demand we recommend reserving hotel rooms as early as possible.
Continuing Legal Education since 1933.
