- Credit: 12.0 Credit Hours, 3.0 Credit Hours Per Session
Description: This introductory series is designed for the beginning benefits lawyer or any practitioner who wants a practical understanding of the rules governing employee benefit plans under the Employee Retirement Income Security Act of 1974 (ERISA), as amended, and the Internal Revenue Code of 1986, as amended.
Part 1: ERISA Introduction (November 4)
This session provides an overview of the basic concepts necessary to understand employee benefits law. Topics include the statutory and regulatory structure of ERISA and the Code; the basic workings of both tax-qualified and non-qualified plans, as well as ERISA-covered group health plans; and the three federal agencies that govern the administration of benefit plans: the U.S. Department of Labor, the Internal Revenue Service, and the Pension Benefit Guaranty Corporation.
Faculty: Timothy K. Eicher, Slevin & Hart, P.C.; David Weingarten, Slevin & Hart, P.C.
Part 2: Minimum Standards and Plan Design (November 18)
In this session, you will learn the minimum legal requirements for different types of tax-qualified retirement plans such as vesting, service crediting, coverage, nondiscriminatory benefits, and distribution options. This class will include a discussion of funding rules under the Pension Protection Act of 2006 and more recent developments. You also will learn what key issues to consider when designing a retirement plan, with a focus on the various features that distinguish the many types of benefit plan arrangements: tax-qualified versus non-qualified plans, defined contribution versus defined benefit plans, self-directed versus fiduciary-directed plans, plans integrated with Social Security versus non-integrated, and individually designed versus prototype and volume submitter plans. Faculty: Timothy K. Eicher, Slevin & Hart, P.C; Jason E. Levine, Tax Law Specialist, Employee Plans Division, Tax and Government Entities, Internal Revenue Service
Part 3: Problems in Plan Administration (November 25)
This session will focus on the practical questions that arise in operating a retirement plan. Faculty will cover nondiscrimination testing, reporting and disclosure requirements, spousal rights and domestic relations orders, mandatory distributions, rollovers, withholding, plan audits, IRS correction programs, and the handling of benefits in mergers, acquisitions, and corporate downsizing. This course will pay particular attention to administrative issues facing 401(k) plans, such as discrimination testing and safe harbor qualification. It will highlight a number of recent developments in the law that affect plan administration, such as the rules about vesting and distribution rights of participants who take military leave, non-spouse and Roth IRA rollovers, and the suspension of the 2009 required minimum distributions in defined contribution plans.
Faculty: Timothy K. Eicher, Slevin & Hart, P.C.; Jason E. Levine, Tax Law Specialist, Employee Plans Division, Tax and Government Entities, Internal Revenue Service
Part 4: Fiduciary Responsibility and Participant Rights (December 2)
Learn about the fiduciary responsibility provisions of ERISA and the Internal Revenue Code as they apply to plan investment, plan administration, benefits deci- sions, prohibited transactions and exemptions, fiduciary and co-fiduciary liability, and ERISA preemption of state laws. Faculty will explore the fiduciary protections afforded to partic- ipant-directed account plans under section 404(c) of ERISA. The course also will tackle the practical aspects of participants' rights un- der ERISA-covered plans, including disclosure and reporting rules, claims procedures, and remedies that may be available to participants for violations of those rights.
Faculty: Denise M. Clark, The Law Office of Denise M. Clark; Kristina M. Zanotti, K&L Gates LLP
D.C. Bar Conference Center
1101 K Street NW
(Nearest Metro Stop: Metro Center 12th Street)
Washington DC 20005
- CLE Program 202-626-3488
- Denise Clark, The Law Office of Denise M. Clark
- Timothy Eicher, Slevin & Hart P.C.
- Jason Levine, Tax Law Specialist, Employee Plans Division, Tax and Government Entities, Internal Revenue Service
- David Weingarten, Slevin & Hart P.C.
- Kristina Zanotti, K&L Gates LLP
- CLE Credit
Courts, Lawyers and the Administration of Justice $259.00
D.C. Bar Members $279.00
Government Attorneys $289.00
Health Law Section $259.00
Labor and Employment Law Section $259.00
Taxation Section $259.00