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Employee Benefits Law Group

Employee Benefits Law Group

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Retirement Plans

Plan Amendments: ‘How To’s’ Of Plan Administration

Improperly amending a retirement plan can jeopardize the plan's tax-qualified status. For health benefit plans or other welfare plans, it can be the prospect of a recovery for the plaintiff's lawyers seeking benefits for their individual ...
[Read more] about Plan Amendments: ‘How To’s’ Of Plan Administration

ESOP

ESOP Restatements And Submissions … Making The Most Of Your Relationship With The IRS?

By now, all companies sponsoring ESOPs should be aware that their plan documents must be restated and submitted to the IRS every five years for a letter of determination of their tax qualified status. What they may not realize is that the ...
[Read more] about ESOP Restatements And Submissions … Making The Most Of Your Relationship With The IRS?

Equity & Executive Compensation

Deferred Compensation Plans: Hints For Spotting If They’re Subject To Code Section 409A

For purposes of Code section 409A, a deferred compensation plan is any agreement, method or arrangement, in writing or not, that may have the effect of deferring the payment of taxable compensation that a service provider (e.g., an executive) has a ...
[Read more] about Deferred Compensation Plans: Hints For Spotting If They’re Subject To Code Section 409A

Health & Welfare

Health Care Reform: Are You A “Large” Employer

A large employer is one that for a year employed an average of at least 50 full-time employees (at least 30 hours per week) on business days during the preceding calendar year. In order to make this determination, the employer must not only count all ...
[Read more] about Health Care Reform: Are You A “Large” Employer

ESOP

ESOPS & Limited Liability Companies: Converting To A Corporation

Want an ESOP But Have an LLC? Convert!  Business owners frequently choose to operate as a limited liability company (LLC) because it provides for a less formal governance structure and the option to be taxed as a partnership. But, the ...
[Read more] about ESOPS & Limited Liability Companies: Converting To A Corporation

Retirement Plans

403(b) Plans – Managing Them Can Be Like Herding Cats

Right now, the vast majority of 403(b) plans are loose financial arrangements with too many investment choices and very little, if any, employer involvement. A so-called non-employer-sponsored, or non-ERISA, plan is essentially an accommodation by ...
[Read more] about 403(b) Plans – Managing Them Can Be Like Herding Cats

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