This article looks at how California public employers sponsoring participant-directed retirement plans such 457(b) plans can reduce their potential for fiduciary liability by complying Federal Department Of Labor Code section 404(c) rules of the ...
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Eligible Individual Account Plan: The Other Employee Stock Ownership Plan
Some companies want a way to get stock to the broader base of their workforce (with some extra "oomph" for their senior people), that is deductible and coordinates with their existing shareholder strategies, but that isn't as complex as an ESOP. Yet ...
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ESOP Trustee Indemnification: Three Things To Remember
In this article, we're revisiting three court cases involving ESOP fiduciary indemnification that left some head-scratching over when and how an ESOP company can indemnify its ESOP trustees. This year being the fifth anniversary of the last ...
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Withdrawal Liability: Heavenly Hana LLC v. Hotel Union & Hotel Industry of Hawaii Pension Plan
In what should serve as a clear warning to buyers acquiring assets involving multi-employer pension plans (MEPs), the Ninth Circuit Court of Appeals' June 1 decision put the onus on buyers to ensure that withdrawal liability is accounted for during ...
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Employee Benefits Plans In Mergers And Acquisitions
When businesses are bought, sold, merged, or reorganized into or out of existence, qualified retirement plans must be dealt with. This article provides an overview of some of the most common decisions faced by both buyers and sellers, acquirers and ...
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ESOP Distribution: Court Decided Validity
Two questions were at the heart of an retirement plan court case involving an ESOP distribution that was decided in 2018:
When is a retirement plan distribution a distribution?Is a retirement plan distribution subject to state law or the federal ...
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