The RPTE Employee Benefit Plans and Other Compensation Arrangements Group held a conference call led by the Qualified Plans Committee on Friday, July 25, 2014, at 1 PM (Eastern), Noon (Central), 11 AM (Mountain), and 10 AM (Pacific) for a discussion of the bankruptcy and related issues regarding inherited Individual Retirement Accounts now that the Supreme Court has issued its ruling in Clark v. Rameker on June 12. The U.S. Supreme Court unanimously ruled in Clark v. Rameker that an inherited IRA is not exempt from claims of creditors under the Bankruptcy Code provisions that generally exempt "retirement funds" in certain tax exempt accounts from claims of creditors. The effects of this decision are complex and may reach beyond "inherited IRAs." Join us on July 25 for a discussion of the consequences of the opinion and alternate theories to protect inherited IRAs and other retirement benefits from creditors' claims. Our discussion was led by Alson R. Martin, Partner with Lathrop & Gage, LLP and John R. Paliga, a Member with Gordon Feinblatt, LLC.
July 25, 2014 - Recording not available for this call
Nonqualified Deferred Compensation Update
Non-qualified Deferred Compensation recorded on March 21, 2014
Doreen Lilienfeld, Deputy Practice Group Leader of the Executive Compensation and Employee Benefits Group at Shearman & Sterling discusses the impact of corporate governance issues on executive compensation. Stephanie Schroepfer will discuss the impact of claw-back rules on compensation programs. David P. Simonetti will discuss IRC §162(m) audits. Stephen F. Herbes discusses the IRS’s recent IRC §409A audit initiative, including recurring issues encountered by practitioners.
Audio File 6.8mb | MP3 Format]
The impact of the Supreme Court Defense of Marriage Act (“DOMA”) decision on Employee Benefit Plans and other ACA Hot Topics
Welfare Benefits Committee Call recorded on July 26, 2014
On June 26, 2013, the Supreme Court issued a decision in Windsor v. United States that found Section 3 of the DOMA to be unconstitutional. As a result, ERISA and all federal laws must now recognize a same sex marriage which is valid under state law. The decision will have far-ranging implications for employee benefit plans.
We discussed the case and explore the various implications the decision will have on various benefit plans, including pension plans, health plans and cafeteria plans. We learned about issues that may arise in the future as the full impact of the decision is realized, and what employers, employee benefits administrators and legal experts should be looking at now to make sure welfare benefit plans are following the law.
We also discussed the latest on ACA compliance issues, notably the recently released HHS regulations proposing to change how the marketplace will verify enrollee’s income status. We also learned about proposed HHS regulations that will give the states setting up their own exchanges until 2015 to begin random sampling of enrollees’ employer-insurance status.
The call was led by Elizabeth Leight, Director of Government Relations and Legal Affairs, The Society of Professional Benefit Administrators; Cindy Stamer, Cynthia Marcotte Stamer, PC; and
Bernard Kearse, The Kearse Law Firm, PC.
Fiduciary Responsibility, Administration and Litigation
Recorded on on September 13, 2013on the following topics:
- Fiduciary governance issues created by “canned” plan documents
- “ERISA 408(b)(2)” audits
• Fiduciary training - a DOL audit checklist item
- Issues related to delinquent contributions
The call was led by: Lisa Van Fleet, Bryan Cave, LLP; Chuck Thulin, Ekman, Bohrer & Thulin, P.S.; and Lori Oliphant, Winstead, PC. A recording of the conference call is found below if you missed it.
The Changing Definition of Family after the Windsor Decision
The Welfare Benefit Plans Committee presented a program on “The Changing Definition of Family after the Windsor Decision” and the impact on benefit plan and related matters. This discussion provided insight on the year’s widely publicized DOMA decision, and special health care reform rules impacting who qualifies as a welfare benefit plan dependent, implications for FMLA and USERRA and the host of rules broadening the scope of relationships afforded family-style protections for employment leave and employee benefit purposes.
The call was led by: Cynthia Stamer, Cynthia Marcotte Stamer, PC and Elizabeth Leight, Director overnment Relations and Legal Affairs, Society of Professional Benefit Administrators
January 17, 2014 Welfare Plans Committee Conference Call Recording
Employee Benefit Plans & Other Compensation Arrangements Group Call
Recorded on November 15, 2013 on the following topics:
- Recent case law that expands PBGC’s ability to effectively pursue foreign controlled group members;
- Potential liability of private equity funds for pension liabilities of their portfolio companies;
- IRS Rulings that permit terminating plans to pay lump sum distributions to retirees who are already in pay status;
- Possible legislative changes affecting minimum funding requirements and PBGC premiums;
- PBGC's proposed regulatory changes to its reportable events rules and to its premium rules; and
- Update on other PBGC litigation, regulatory, and enforcement developments of interest.
The call was led by the Plan Transactions and Terminations Committee, chaired by John Paliga of Gordon Feinblatt LLC and vice-chaired by Christina Crockett of T. Rowe Price and Harold Ashner and Stan Hecht of Keightley & Ashner LLP.