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The 1974 enactment of the Employee Retirement Income Security Act ("ERISA") brought to the federal courts an array of claims that had previously been decided under a patchwork of state and local laws. The many subsequent changes in employee retirement options and the resulting federal regulations have created a complex legal web for attorneys to navigate. Written by a team of authors with many years of ERISA litigation experience and using a Q&A format it is filled with practical illustrations and practice tips and provides a comprehensive overview of this important area.
ERISA Benefits Litigation Answer Book provides a comprehensive overview, in question and answer format, of the various causes of action the Employee Retirement Income Security Act provides to remedy violations of the statute, enforce the terms of a benefit plan, or provide other relief to a plan, its participants or its fiduciaries.Written by a team of authors with many years of ERISA litigation experience, and filled with practical illustrations and tips, ERISA Benefits Litigation Answer Book describes the legal requirements of, defenses to, and unique aspects of litigation involving: stock drops, ESOPs, cash balance plans, prohibited transactions, 401(K) fees, recovery of benefits due under a plan, multi-employer plans, managed care plans, and discrimination and interference with benefits rights. Also covered are chapters discussing litigation of claims arising under federal common law, affirmative defenses to ERISA claims, and limitations on actions under ERISA.
Roth IRA Answer Book provides in-depth coverage of the administration and operation of Roth IRAs. A team of practicing experts analyzes the most recent developments in practice, as well as legislation, regulation, and law. It is the one resource that takes pension professionals step by step through all aspects of plan administration and compliance. Roth IRA Answer Book, Seventh Edition has been updated to include: How plan failures involving designated Roth accounts are corrected under Revenue Procedure 2013-12, the revised EPCRS--Employee Plans Compliance Resolution System Why the DOL seeks to replace the five-part test under the 1975 fiduciary investment advice regulation with a new definition that makes more investment service providers accountable as ERISA fiduciaries Substantially revised chapter on beneficiary designations Why the Supreme Court will rule on the exemption for inherited IRAs in bankruptcy and the new three-year bankruptcy exemption limit The extension of the qualified charitable contribution provisions under the American Taxpayer Relief Act of 2012 A discussion of the Obama Administration's automatic workplace pension proposal requiring employers that do not sponsor a retirement plan to enroll their employees in a direct-deposit payroll deduction Roth IRA How the 2013 budget proposal would prohibit individuals from accumulating over $3 million in tax-preferred retirement accounts How the final regulations determine the oldest trust beneficiary when a beneficiary dies after the account owner but before the beneficiary determination date without disclaiming How a state law may supplement a non-ERISA plan's provisions concerning the manner of making a beneficiary designation and when ERISA preempts state law Discussion of the broadening of the airline payment rules under the FAA Modernization and Reform Act of 2012 that allows for the rollover of an "airline payment" to a traditional IRA, as well as, the recharacterization of an airline payment from a Roth IRA to a traditional IRA Discussion of the forthcoming guidance addressing eligible rollover distributions under Code Section 402(c) and Roth distributions under Code Section 402A that are "disbursed to multiple destinations" Explanation of the procedures for applying to the IRS for an opinion letter And more!
Employee Benefits Answer Book provides comprehensive guidance for those involved in the design and administration of employee benefit plans. The Q&A format is ideal for probing key topics such as: Health care reform COBRA continuation coverage Retiree health care coverage Health coverage portability requirements Group long-term care insurance Dependent care assistance Adoption assistance Vacation and severance pay plans Death benefits Financing employee benefits Financial accounting for employee benefits And more! Employee Benefits Answer Book will help you: Set the best Health Care Reform strategy for your company and your clients Keep in compliance with current and coming requirements Find clear answers to hundreds of employee benefits questions Avoid costly errors related to employee benefits administration Resolve employee benefits issues quickly and effectively And much more! The Thirteenth Edition provides up-to-date coverage of the Affordable Care Act (ACA), including: Transition rules leading to full implementation of the employer shared responsibility requirements in 2015 Guidance on when employer-provided health coverage provides minimum value Latest figures for determining affordability of employer-provided health coverage Rules governing the interplay of orientation periods with the new limits on waiting periods for health coverage And more! Additionally Employee Benefits Answer Book has been updated to include discussions of: New guidance on stop-loss insurance The Supreme Court’s weighing in on vesting of retiree health benefits Final regulations on payment of retiree health premiums by a pension or annuity plan DOL issuance of updated COBRA continuation coverage notices that reflect the Health Exchange option And more!
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
The Seventh 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 offers benefits professionals in-depth, timely coverage of significant developments, case law, and rulemaking in the past year: Legislative and regulatory activity continues to keep all pension professionals alert and busy. During the period 2020-2021, additional guidance was released clarifying the provisions of the Setting Every Community Up for Retirement Enhancement (SECURE) Act and the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Defined benefit plan sponsors got some relief in the American Rescue Plan Act (ARPA) during 2021 Relief provided under the ARPA of 2021 allowed for the use of interest rate stabilization provided certain disclosures are met and funding shortfall amortization options The IRS released an update to the Employee Plans Compliance Resolution System under Revenue Procedure 2021-30. Changes included enhancements of the self-correction program, the modification of overpayment corrections, and the replacement of anonymous Voluntary Correction Program filings with anonymous presubmission conferences The DOL issued guidance for fiduciaries regarding the importance of safeguarding participant data using vigorous cybersecurity protocols, and lawsuits provided further direction for proper fiduciary oversight Analysis of the recent court decisions regarding the use of arbitration to resolve disputes Discussion of the impact of state established programs, such as CalSavers, and the court's position that such programs are not preempted nor do they interfere with ERISA's core purposes Discussion of the additional benefits ARPA had on distressed multiemployer retirement plans Impact of ARPA on COBRA notice disclosure requirements Analysis of the reversal of National Labor Relation Board decisions by the new administration and the updated decisions coming from the Democrat-controlled Board
Taking a practical 'how to' approach, ERISA Law Answer Book emphasizes decision making as it focuses on questions commonly asked of pension and health plan advisors in connection with the administration of retirement programs. Rather than merely citing the Code and Regulations for authority and identifying cases which support the proposition or answer given, this work sets forth a discussion of case authorities which have dealt with the relevant situation at hand, and provides a careful analysis of how those cases apply. Key topics covered include: Benefit arrangements subject to ERISA -- Construing and interpreting ERISA plans -- Notice, reporting, and disclosure -- Plan funding -- Plan distribution -- Benefit accrual and vesting -- Fiduciary duties and liabilities -- Preemption -- Standard of review -- Bankruptcy.