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ERISA Fiduciary Answer Book, 10th Edition
Quite simply, the hunt for specific answers to important questions begins - and ends - with this clear, comprehensive resource. 401(k) Answer Book covers all aspects of plan design and administration, as well as the relationships of 401(k) plans with other types of retirement plans. When participants, sponsors, or service providers ask you questions, this book gives you the answers. 401(k) Answer Book provides coverage of 401(k) plan design, testing, taxation, reporting and disclosure, and termination, and brings you up to date on investment-related topics and regulatory guidance. Written by the experts at Empower Retirement, this comprehensive one-volume desk reference is a must have for pension administrators, benefits managers, fund managers, trustees, accountants, attorneys, human resource professionals, consultants, advisors, and anyone who deals professionally with 401(k) plans. 401(k) Answer Book, 2021 Edition is packed with special features, including: A 401(k) Compliance Calendar An IRS Rollover Chart A chart of key participant disclosures and notices with cross-references to chapters for detailed information Up-to-date sample notice templates for safe harbor 401(k) plan notices, automatic enrollment notices, and QDIA notices (appendices A, B, and C) Sample Section 404(c) checklist Information on rollover rights of nonspouse beneficiaries Model notice for an EIAA Practical information on partial plan terminations, plan mergers, and spinoffs Fiduciary guidelines for selecting an annuity payment option And much more! Previous Edition: 401(k) Answer Book, 2020 Edition, ISBN 9781543817324
Be aware of your fiduciary responsibilities and how to handle them safely with ERISA Fiduciary Answer Book . This expert reference book clearly explains every aspect of ERISA fiduciary duty, providing information, guidance, and advice on prohibited transactions, investments, fiduciary liability, IRS, DOL, and PBGC requirements, and more. A new chapter in the Fourth Edition, Chapter 12, Fiduciary Issues Unique to Health Care Plans, focuses on the increasingly urgent and complex fiduciary issues peculiar to such plans. it answers more than 400 fiduciary-related questions, including: When are attorneys, accountants, consultants, and other professional service providers considered plan fiduciaries? What laws govern the conduct of fiduciaries? When is a fiduciary personally liable for a transaction prohibited by ERISA or the Internal Revenue Code? May a plan release a fiduciary from liability? What is the legal distinction between 'substantive prudence' and 'procedural prudence'? May a fiduciary face criminal liability for a breach of fiduciary duty?
401(k) Answer Book, 2022 Edition
Representing the combined work of more than forty leading compliance attorneys, Corporate Compliance Answer Book helps you develop, implement, and enforce compliance programs that detect and prevent wrongdoing. You'll learn how to: Use risk assessment to pinpoint and reduce your company's areas of legal exposureApply gap analysis to detect and eliminate flaws in your compliance programConduct internal investigations that prevent legal problems from becoming major crisesDevelop records management programs that prepare you for the e-discovery involved in investigations and litigationSatisfy labor and employment mandates, environmental rules, lobbying and campaign finance laws, export control regulations, and FCPA anti-bribery standardsMake voluntary disclosures and cooperate with government agencies in ways that mitigate the legal, financial and reputational damages caused by violationsFeaturing dozens of real-world case studies, charts, tables, compliance checklists, and best practice tips, Corporate Compliance Answer Book pays for itself over and over again by helping you avoid major legal and financial burdens.
Are you a retirement plan fiduciary but unsure of what's required of you? Does it scare you to be held personally liable for bad decisions? Do you have a sneaking suspicion that your plan is paying too much in fees but you're not sure how to find out? Are you worried that your employees won't be able to retire? If the answer to any of these questions is "Yes," this book is for you. "Josh Itzoe has a remarkable capacity for seeing through the maze of regulations surrounding qualified plans to the handful of core ideals by which successful plans must operate. This is a great, understandable guide for plan sponsors." -Pete Swisher, CFP, CPC, Vice President and Senior Institutional Consultant, Unified Trust Company, N.A. and author of "401 (k) Fiduciary Governance: An Advisor's Guide" "Fixing the 401(k) is a bold and excellent work. Josh Itzoe reminds us that excellence is desperately needed within our private retirement system. By following the solid principles shared in this book, Itzoe reveals how any employer, large or small, can build and operate an excellent 401(k). The 401(k) is the mechanism that over fifty million people will rely upon to help their retirement dreams become a reality. This book is the starting point for employers who want to understand how to make their 401(k) truly excellent and help secure the common good of society." -Matthew D. Hutcheson, Congressional Expert and Independent Pension Fiduciary
Be aware of your fiduciary responsibilities and how to handle them safely with ERISA Fiduciary Answer Book. This expert reference book clearly explains every aspect of ERISA fiduciary duty, providing information, guidance, and advice on prohibited transactions, investments, fiduciary liability, IRS, DOL, and PBGC requirements, and more. It answers more than 400 fiduciary-related questions, including: When are attorneys, accountants, consultants, and other professional service providers considered plan fiduciaries? What laws govern the conduct of fiduciaries? When is a fiduciary personally liable for a transaction prohibited by ERISA or the Internal Revenue Code? May a plan release a fiduciary from liability? What is the legal distinction between andquot;substantive prudenceandquot; and andquot;procedural prudenceandquot;? May a fiduciary face criminal liability for a breach of fiduciary duty? ERISA Fiduciary Answer Book has been updated to include: Update of the discussion on fiduciary status of custodians that handle plan assets Update on the trend away from finding trustees of Taft-Hartley funds to be fiduciaries when they perform a traditional settlor function Update on the fiduciary obligations of directed trustees Update on fiduciary status of insurance companies Discussion of the fiduciary status of an insurance company that maintained retained-asset accounts (RAAs) for life insurance beneficiaries Update on developing issues concerning a fiduciary's duty of loyalty Update on the fiduciary obligation to diversify investments A discussion of health care reform and multiemployer plans Update on equitable remedies under ERISA Section 502(a)(3) after the U.S. Supreme Court's ruling in CIGNA Corp. v. Amara. [131 S. Ct. 1866, 1871 (2011)] New developments under ERISA's anti-kickback provision Update on attorneys' fees awards under ERISA Update on new developments in the Moench presumption DOL guidance on fiduciary obligations in connection with target date funds Update on the fiduciary status of employers participating in Taft-Hartley funds Update on who is an employee in connection with Taft-Hartley funds
Employee Stock Ownership Plan Answer Book covers the many regulations, interpretations, rulings, and cases that seek to interpret the laws governing the design, administration, and operation of ESOPs. This practical manual focuses on the nuts and bolts of ESOP design and mechanics so that professionals can find new and creative uses for the ESOP model. Employee Stock Ownership Plan Answer Book is written in simple, straightforward language and avoids technical jargon, and includes citations of authority if additional research is required. Employee Stock Ownership Plan Answer Book has been completely updated and revised. Highlights of the Fifth Edition include: A summary of advantages and disadvantages of ESOPs, the various planning opportunities ESOPs present, and the significant risks that should be considered An outline of the legal requirements for structuring an ESOP, primarily arising from the Internal Revenue Code A discussion of the rules for deducting various amounts contributed to an ESOP, distinguishing how such rules differ from rules in other types of retirement plans A discussion of the complex fiduciary duties and relationships inherent in the unique structure of an ESOP. More than any other type of retirement plan, fiduciaries of ESOPs run the risk of engaging in prohibited self dealing The issues that arise in valuing companies owned in whole or in part by an ESOP A detailed description of the special tax advantages for shareholders who sell their shares to an ESOP in a transaction that satisfies Code Section 1042, usually as part of a corporate ownership succession strategy An overview of the securities laws implicated by the employer securities held within an ESOP An explanation of ESOP leveraging - perhaps the most unique of the features of an ESOP - which allows the ESOP to be used by the sponsoring employer to obtain tax-advantaged corporate financing An in-depth look at special issues arising in ESOPs sponsored by Subchapter S corporations A discussion of the many uses of ESOPs in corporate merger and acquisition transactions, and the special treatment that often must be afforded to the ESOP fiduciaries who control the disposition of the employer securities held by the ESOP Previous Edition: Employee Stock Ownership Plan (ESOP) Answer Book, Fourth Edition ISBN 9781454810315
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.
Be aware of your fiduciary responsibilities and how to handle them safely withERISA Fiduciary Answer Book .