SEP--(Simplified Employee Pensions)
United States Department of Labor-Office of the Solicitor
This guide prepared by the Pension and Welfare Benefits Administration gives an overview of the rules associated with SEP plans and answers commonly asked questions.
Annual Cost-of-Living Adjustments: 1999
Cooley Godward Kronish LLP
This alert discloses the 1998 Federal cost of living increases.
Demutualization Elections: Traps for the Unwary
Thelen LLP
This article discusses the process of converting a mutual (or member owned) insurance companies to public companies and warns investors of the potential legal problems that may arise in this type of election.
Retirement Plan Changes: Small Business Job Protection Act of 1996 and Health Insurance Portability and Accountability Act
Briggs & Morgan
Small Business Job Protection Act of 1996 and Health Insurance Portability and Accountability Act Retirement P.
Employee Benefits Alert, December 1998
Warner Norcross & Judd LLP
This alert contain articles covering the following: Do You Want to Eliminate 401(k) Plan Testing?; New Cafeteria Plan Rules Delayed; DOL Elevates Scrutiny of 401(k) Fees to Higher Level; Tight Deadline for Reconstructive Surgery Notice and; Automatic 401(k) Contributions Approved by the IRS.
Employee Benefits Regulatory Update
Saul Ewing LLP
The Internal Revenue Service, the Department of Labor and the Department of Health and Human Services have issued r.
Converting To A Cash Balance Plan Can Be Risky Business
Mark Hansen of Wildman, Harrold, Allen & Dixon LLP
Over the past fifteen years, many companies have converted their traditional pension plans to cash balance plans. The Federal Reserve Board recently reported that approximately 25% of all participants in defined benefit plans and 40% of all defined benefit plan assets are in cash balance plans. Whether the decision to convert has been motivated by cost or the recognition of the current realities of the mobile workforce and the need for portable benefits, the prevalence of cash balance plans cannot be overstated.
Pension Benefits for Multinational Employees
Pillsbury Winthrop Shaw Pittman LLP
This memorandum outlines our suggestions regarding the treatment of multinational employees; that is, employees wh.
Employers at Risk for Outsourcing to Save on Employee Benefit Costs
Ford & Harrison LLP
Outsourcing work to save on employee benefit costs may become riskier for employers as a result of a recent U.S. Su.
Saying Too Much: Court Turns Retirement Incentive Offer Into Guaranteed Lifetime Retiree Health Benefits Plan
Andrew J. Clark of Weil, Gotshal & Manges LLP
This article highlights a 10th Circuit decision that ruled in favor of an employee that was given a retirement incentive offer. The court held that the letter created a new obligation under an ERISA welfare benefit plan.
Pension Reform Provisions in the Small Business Job Protection Act of 1996 Affecting Qualified Retirement Plans
Pillsbury Winthrop Shaw Pittman LLP
Pension reform proposals that have been languishing in Congress every year for the last several years finally beca.
Cafeteria Plans Grow in Popularity
Sue O. Conway of Warner Norcross & Judd LLP
This article provides a discussion of cafeteria plans in the selection of benefits.
Supreme Court Decision Explains How the Impact of Section 510 of ERISA Can be Avoided When A Staffing Company Takes Over an Existing Workforce
Charles S. Birenbaum of Thelen LLP
The article determines that Section 510 of ERISA will apply to welfare benefits, and that excluding the employees from both welfare and pension plans by plan amendments would provide a complete defense to Section 510.
Cooley Alert: Essential Retirement and Welfare Plan Updates
Cooley Godward Kronish LLP
This alert summarizes the recent retirement and welfare plan updates.
ERISA & Pensions: Court Clarifies the Reach of ERISA
Elizabeth A. Venditta,Edward M. Koch and Andrew Susko of White and Williams LLP
In a ease greeted with enthusiasm by the insurance industry, the U.S. Circuit Court for the Third Circuit Court of Appeals clarified the reach of the federal Employee Retirement Income Security Act ("ERISA") in its recent decision in Leckey v. Stefano, 263 F.3d 267 (3d Cir. 2001).
Changes in Retirement Plans for 1997
Cook & Franke S.C.
In 1996 the United States Congress enacted several pieces of legislation impacting the use of retirement plans. The outline below summarizes several of the changes that are effective as of January 1, 1997.
Recent Developments Affecting Qualified Retirement Plans
Faegre & Benson LLP
This update reviews several recent IRS developments that may affect the administration of 401k plans.
Educational Institutions Law Alert: IRS Audit Agenda Targets 403(b) Plans
Saul Ewing LLP
The Internal Revenue Service has recently announced that it will continue to commit substantial resources toward th.
SIMPLE--(Savings Incentive Match Plan for Employees of Small Employers)
United States Department of Labor-Office of the Solicitor
This guide prepared by the Pension and Welfare Benefits Administration gives an overview of the rules associated with SIMPLE plans and answers commonly asked questions.
IRS Issues New Temporary Regulations on Cutback Notices
Pillsbury Winthrop Shaw Pittman LLP
On December 15, 1995, the IRS issued new temporary regulations on so-called "204(h)" notices. The purpose of a 204.
Remember Top Heavy Testing
Rosenman & Colin LLP
As you may know, Section 416 of the Code penalizes a qualified plan that is "top heavy." A defined benef.
Health Savings Accounts â Are They The Cure For Employers' High Medical Plan Costs?
Steven J. Friedman,Susan L. Letney and Michelle P. Thomas of Littler Mendelson, P.C.
Employers are searching for new medical plan options to allow them to better manage runaway medical costs, which have in recent years outstripped inflation. Employers are also searching for vehicles that will force employees to become better consumers of medical services and that will permit employees to take some responsibility for their retiree medical costs.
Do You Really Save Money Using a "Prototype" Retirement Plan?
Vernon P. Saper of Warner Norcross & Judd LLP
This article reviews the different types of retirement plans that are available as well as summarizes the advantages and disadvantages of each.
Recently Issued Guidance on the Automatic Rollover of Mandatory Qualified Retirement Plan Distributions
J. Rene Toadvine of Littler Mendelson, P.C.
The Department of Labor recently issued final "safe harbor" regulations relating to the automatic rollover of certain mandatory distributions from qualified retirement plans that contain a "cash out" feature. A "cash out" feature provides for an immediate distribution to a former employee of his or her vested accrued benefit under the plan when the benefit is below a certain threshold amount. The Internal Revenue Service also issued recent guidance in Notice 2005-5 and an IRS News Flash, dated February 16, 2005, that clarifies the automatic rollover rules. The following is a summary of the most salient features of these rules.
Automatic 401(k) Enrollment Allowed
Rosenman & Colin LLP
In a recent Revenue Ruling (Rev. Rul. 98-30), the Internal Revenue Service ("IRS") held that an employer.
The Year 2000 Problem: Paying the Programmers
Benjamin I. Delancy of Thelen LLP
This article discusses a possible analysis for a corporation to follow when determining how to adequately compensate a Y2K computer programmer.
New Dollar Limits for 1998
Pillsbury Winthrop Shaw Pittman LLP
On October 22, 1997, the IRS announced the new cost-of-living-adjusted dollar limits that will apply to qualified.
Pension Simplification--Is It An Oxymoron?
Karen A. McSherry of Schlossberg & Associates P.C.
Recent changes in the pension laws, including the passage of The Small Business Job Protection Act of 1996, have va.
Court Rules Severance Agreement is a Top Hat Plan
Rosenman & Colin LLP
As you may be aware, ERISA imposes strict requirements on employee benefit plans in four areas: (1) funding, (2) .
Disturbing New Ninth Circuit Opinion Regarding Funded Paid Leave Plans
Paul, Hastings, Janofsky & Walker LLP
About a month ago, the Ninth Circuit issued its troubling Alaska Airlines, Inc. v. Oregon Bureau of Labo.
Part-Time Employees and Retirement Plans
Carolyn S. Nestingen of Briggs & Morgan
requently, employers will exclude certain groups of employees from participation in a retirement plan. These mig.
Cooley Alert: Employee Benefits and Equity Compensation
Cooley Godward Kronish LLP
This alert discusses the case of Inter-Modal Rail Employees Association v. Atchison, Topeka and Santa Fe Railway Company as it pertains to the protection of employee health and welfare benefits.
Some Applications of ERISA to Executive Benefits Briefs. Vol. 13, No. 1
Nixon Peabody LLP
This article explains phantom stock options, severance and top hat plans and discusses how those plans apply to ERISA.
DOL Annual Report Filing Requirements for Employee Benefit Plans
Carolyn S. Nestingen of Briggs & Morgan
Sections 103 and 104 of ERISA require the Plan Administrator of an employee benefit plan to file an annual report.
New Dollar Limits for 1999
Pillsbury Winthrop Shaw Pittman LLP
On October 23, 1998, the IRS announced the new cost-of-living-adjusted dollar limits that will apply to qualified .
Early Retirement Programs
Pillsbury Winthrop Shaw Pittman LLP
This memorandum discusses some of the principal legal issues that an employer must consider in planning an early r.
Cash Balance Plan Basics
Jan A. Steinhour of Glasser Legal Works
Provides an outline of legal issues associated with cash balance plans.
IRS Eases Requirements for 401(k) Safe Harbors
Pillsbury Winthrop Shaw Pittman LLP
This article summarizes the IRS's new requirements which ease the 401(k) safe harbor rules.
New Voluntary ERISA Fiduciary Compliance Program: Gift or Trojan Horse?
Thelen LLP
This article discusses the recent Voluntary ERISA Fiduciary Compliance Program.
New 401(k) Safe Harbor Plans Now Available
Bodman LLP
Effective for calendar 1999 a new 401(k) plan variant became available which does away with the Average Deferral Pe.
IRS Issues Notice on New Safe Harbor Methods for 401(k) Plans
Rosenman & Colin LLP
The IRS recently issued Notice 98-52 which provides much awaited guidance on the design-based alternative or.
Supreme Court Rules on "Right Way" to Terminate Welfare Benefits
Rosenman & Colin LLP
The Supreme Court has ruled that Section 510 of the Employee Retirement Income Security Act of 1974 ("ERISA.
Employee Benefits and the Right to Fire
Thomas R. Bagby of Woods Rogers PLC
Employers should be aware of a recent decision by the U. S. Supreme Court. In Inter-Modal Rail Employees Associatio.