ERISA: A Comprehensive Guide, Fourth Edition / Edition 4

ERISA: A Comprehensive Guide, Fourth Edition / Edition 4

by Schneider, Brian M. Pinheiro
     
 

ISBN-10: 0735509107

ISBN-13: 9780735509108

Pub. Date: 12/07/2011

Publisher: Wolters Kluwer Legal & Regulatory

The Fourth Edition of ERISA: A Comprehensive Guide provides a thorough and authoritative analysis of the principal statutory provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and the corresponding provisions of the Internal Revenue Code (Code) dealing with employee benefits.

It also discusses and explains the multitude of regulations

Overview

The Fourth Edition of ERISA: A Comprehensive Guide provides a thorough and authoritative analysis of the principal statutory provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and the corresponding provisions of the Internal Revenue Code (Code) dealing with employee benefits.

It also discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA; the Code provisions relating to the requirements for tax-qualified retirement plans; and the subsequent legislation amending or supplementing ERISA and such Code provisions.

Cited by the Supreme Court, ERISA: A Comprehensive Guide discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA and the subsequent legislation amending or supplementing ERISA.

ERISA: A Comprehensive Guide has been updated to include:

A new chapter on executive compensation that focuses on the Securities and Exchange Commission disclosure requirements, the impact of the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act, and relevant tax laws

A revised chapter on employee benefits and unionized workforces, which discusses the impact of the NLRA and the LMRA on employee benefits, as well as the interaction of employee benefits with the collective bargaining process

The recent Supreme Court decision in Cigna Corp. v. Amara, which addresses the availability of equitable remedies under ERISA and the extent to which a summary plan description can serve as the basis for a benefit claim if it contradicts the plan document

The Department of Labor's proposed regulation that broadly defines the circumstances in which a person who provides investment advice will be considered a plan fiduciary

The Department of Labor's final regulations regarding the disclosure that must be made by service providers to plan fiduciaries, as well as new disclosures by plan fiduciaries to participants in certain defined contribution retirement plans

New reported decisions involving employer stock drop litigation

A new Pension Benefit Guaranty Corporation (PBGC) proposed regulation regarding reportable events and a narrowing of available exemptions

Developments relating to pension plan funding and cash balance plan design

Product Details

ISBN-13:
9780735509108
Publisher:
Wolters Kluwer Legal & Regulatory
Publication date:
12/07/2011
Edition description:
New Edition
Pages:
1

Table of Contents

1. INTRODUCTION

• Background
• Pension Plan Abuses
• Enactment of ERISA
• ERISA Provisions Protect Workers
• Amendments: MPPAA and SEPPAA
• Adding Health Care Protections and Pension Portability
• Addressing Evolving Business and Political Realities
• The Pension Protection Act of 2006 - Comprehensive Pension Reform
• Worker, Retiree, and Employer Recovery Act of 2008
• Heroes Earnings Assistance and Relief Tax Act of 2008
• Congressional Response to the 2008 Financial Crisis
• Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010
• Dodd-Frank Wall Street Reform and Consumer Protection Act

2. REPORTING AND DISCLOSURE REQUIREMENTS FOR PLANS COVERED BY ERISA

• Basic Disclosure Requirements for Pension and Welfare Plans
• Additional Requirements for Welfare Plans
• Additional Requirements for Pension Plans
• Annual Reports (Form 5500)
• PBGC Filings and Notices
• Electronic Disclosure

3. QUALIFIED RETIREMENT PLANS

• Written Plan and Trust
• Types of Plans
• Minimum Funding
• Benefit Accrual Rules
• Calculating Service
• Minimum Participation Standards
• Minimum Vesting Standards
• Limitations on Plan Benefits
• Top-Heavy Requirements
• Distribution Rules
• Section 401(k) Distribution Rules
• Antialienation
• IRS Determination Letters and Correction Procedures
• Military Service

4. COVERAGE AND NONDISCRIMINATION REQUIREMENTS

• Highly Compensated Employees
• Minimum Participation
• Minimum Coverage
• Employer Aggregation and Disaggregation
• Rules Prohibiting Discrimination in Contributions or Benefits
• Permitted Disparity

5. IRS AND DOL CORRECTION PROCEDURES

• IRS Disqualification of Qualified Plans and Tax Consequences
• IRS Correction Programs
• Qualification Errors Covered Under EPCRS
• Errors and Programs Not Covered Under EPCRS
• Correction Principles Under EPCRS and Rules of General Applicability
• Correction Procedures Under SCP
• General Correction Procedures Under VCP
• Special VCP Procedures
• VCP Fees
• Audit Cap
• Employer Eligibility Failures
• Recommended Corrections
• Earnings Adjustment Methods
• The VFC Program
• Corrections Under the VFC Program
• Excise Tax Relief for VFC Corrections
• Delinquent Filer Voluntary Compliance Program

6. ERISA'S FIDUCIARY RESPONSIBILITY PROVISIONS

• Coverage
• Who Is a Fiduciary
• What Is a Plan Asset
• Plan and Trust Structure
• ERISA's Fiduciary Duties
• Indicia of Ownership Prohibition
• Self-Directed Accounts
• Liability for Breach of Fiduciary Duty
• Voluntary Fiduciary Correction Program

7. PROHIBITED TRANSACTION PROVISIONS

• Section 406 - Prohibited Transactions
• Section 407 - Employer Securities and Employer Real Property
• Section 408

8. CIVIL ENFORCEMENT

• Causes of Action
• Actions for Benefits
• Actions for Breach of Fiduciary Duty
• Actions for Equitable Relief
• Attorneys' Fees
• Preemption and ERISA Section 514

9. THE COMPLEX WORLD OF ERISA PREEMPTION

• Scope of ERISA Preemption
• ERISA's Savings Clause
• ERISA's Deemer Clause
• Application of ERISA Preemption Analysis

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