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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!
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.
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!
Managing people is a tricky business—and managers and small business owners need a clear understanding of the essentials of human resources to survive. The original edition of The Manager’s Guide to HR gives you an introduction to the regulations, rights, and responsibilities related to hiring and firing, benefits, compensation, documentation, performance evaluations, training, and more. However, much has changed since then. Extensively revised, this second edition covers all the key areas of the original edition and brings you up to speed on current developments in employment law, including: How social media is changing the recruitment landscape Shifting labor standards regarding compensation and benefits The National Labor Relations Board’s stance on work-related employee speech on social media The Employee Retirement Income Security Act New record-keeping requirements Amendments to the Family and Medical Leave Act and the Americans with Disabilities Act Featuring step-by-step guidance on everything from COBRA compliance to privacy issues, The Manager’s Guide to HR is now once again the most up-to-date, invaluable resource any manager of personnel could have.