ERISA: A Comprehensive Guide, 7th Edition

ERISA: A Comprehensive Guide, 7th Edition
Author: Ferenczy, Cohen
Publisher: Wolters Kluwer Law & Business
Total Pages: 1218
Release: 2021-11-07
Genre: Pension trusts
ISBN: 1543838693

The Seventh Edition of ERISA: A Comprehensive Guide provides a thorough and authoritative analysis of the principal statutory provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and the corresponding provisions of the Internal Revenue Code (Code) dealing with employee benefits. It also discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA; the Code provisions relating to the requirements for tax-qualified retirement plans; and the subsequent legislation amending or supplementing ERISA and such Code provisions. Cited by the Supreme Court, ERISA: A Comprehensive Guide discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA and the subsequent legislation amending or supplementing ERISA. ERISA: A Comprehensive Guide offers benefits professionals in-depth, timely coverage of significant developments, case law, and rulemaking in the past year: Legislative and regulatory activity continues to keep all pension professionals alert and busy. During the period 2020-2021, additional guidance was released clarifying the provisions of the Setting Every Community Up for Retirement Enhancement (SECURE) Act and the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Defined benefit plan sponsors got some relief in the American Rescue Plan Act (ARPA) during 2021 Relief provided under the ARPA of 2021 allowed for the use of interest rate stabilization provided certain disclosures are met and funding shortfall amortization options The IRS released an update to the Employee Plans Compliance Resolution System under Revenue Procedure 2021-30. Changes included enhancements of the self-correction program, the modification of overpayment corrections, and the replacement of anonymous Voluntary Correction Program filings with anonymous presubmission conferences The DOL issued guidance for fiduciaries regarding the importance of safeguarding participant data using vigorous cybersecurity protocols, and lawsuits provided further direction for proper fiduciary oversight Analysis of the recent court decisions regarding the use of arbitration to resolve disputes Discussion of the impact of state established programs, such as CalSavers, and the court's position that such programs are not preempted nor do they interfere with ERISA's core purposes Discussion of the additional benefits ARPA had on distressed multiemployer retirement plans Impact of ARPA on COBRA notice disclosure requirements Analysis of the reversal of National Labor Relation Board decisions by the new administration and the updated decisions coming from the Democrat-controlled Board

ERISA: A Comprehensive Guide, 5th Edition

ERISA: A Comprehensive Guide, 5th Edition
Author: Ferenczy, Cohen
Publisher: Wolters Kluwer
Total Pages: 1310
Release: 2019-12-10
Genre: Law
ISBN: 1543812546

The Fifth Edition of ERISA: A Comprehensive Guide provides a thorough and authoritative analysis of the principal statutory provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and the corresponding provisions of the Internal Revenue Code (Code) dealing with employee benefits. It also discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA; the Code provisions relating to the requirements for tax-qualified retirement plans; and the subsequent legislation amending or supplementing ERISA and such Code provisions. Cited by the Supreme Court, ERISA: A Comprehensive Guide discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA and the subsequent legislation amending or supplementing ERISA. ERISA: A Comprehensive Guide has been updated to include: Description of the student loan program 2018 Private Letter Ruling and the resolution of this with the "anti-conditioning" rule. Analysis of the latest version of the EPCRS, which is available for tax-qualified retirement plans with certain compliance failures, as set forth in IRS Revenue Procedure 2019-19, including an update to the IRS user fees that apply to the various correction programs. Discussion of the new self-correction options for participant loan failures, certain non-amender failures, and beneficial retroactive amendments to increase participant's benefits. Description of IRS VCAP, its uses, limitations, and procedural requirements. Description of IRS Revenue Procedure 2015-32 for correction of delinquent Forms 5500-EZ. Analysis of the DOL's guidance on the definition of an "Employer" for ERISA purposes and subsequent Court rulings eviscerating that guidance. Discussion of health plans use of "cross-plan offsetting" as a way of adjusting for overpayments. Discussion of the new DOL regulations governing review and appeal procedures for disability claims. Complete revision of the mergers and acquisitions chapter, including best practice, common pitfalls, a sample merger agreement, merger checklist, and spin-off agreement. Update on 2018 and 2019 court cases that impact labor relations, as well as actions taken by the current administration that overturn prior policies and decisions. Discussion of the most recent actions impacting ACA and litigation surrounding those actions. Discussion of recent court cases regarding discrimination on the basis of gender and sexual orientation. Discussion of ongoing litigation regarding "conscience-based objections" to a provision in the ACA requiring employers to provide no-cost birth control coverage to employees. Description of changes in Fair Labor Standard Act interpretations regarding wages, determination of independent contractor status, and regular rate.

ERISA: A Comprehensive Guide, 6th Edition

ERISA: A Comprehensive Guide, 6th Edition
Author: Ferenczy, Cohen
Publisher: Wolters Kluwer Law & Business
Total Pages: 1298
Release: 2020-12-02
Genre: Pension trusts
ISBN: 1543823688

The Sixth Edition of ERISA: A Comprehensive Guide provides a thorough and authoritative analysis of the principal statutory provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and the corresponding provisions of the Internal Revenue Code (Code) dealing with employee benefits. It also discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA; the Code provisions relating to the requirements for tax-qualified retirement plans; and the subsequent legislation amending or supplementing ERISA and such Code provisions. Cited by the Supreme Court, ERISA: A Comprehensive Guide discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA and the subsequent legislation amending or supplementing ERISA. ERISA: A Comprehensive Guide has been updated to include: The Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019 and the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 Discussion of improvements in the ability for plan sponsors to take advantage of electronic disclosure opportunities for participant notices and disclosures. Updates to fiduciary duties and best practices based on litigation outcomes Analysis of the rising role of arbitration in the resolution of disputes between plan sponsors and participants Discussion of COBRA notice requirements due to COVID-19, pursuant to CARES Act Discussion of the impact of COVID-19 on union contracts and multiemployer plans Impact of CARES Act on bankruptcy filings and procedures

Yale Law Journal: Volume 121, Number 3 - December 2011

Yale Law Journal: Volume 121, Number 3 - December 2011
Author: Yale Law Journal
Publisher: Quid Pro Books
Total Pages: 299
Release: 2011-12-30
Genre: Law
ISBN: 1610279689

This issue of The Yale Law Journal (the third issue of Volume 121, academic year 2011-2012) features articles on "patent inflation" and on implementing federal health care reform within a state under principles of federalism. Contributors include the noted scholars Jonathan Masur and Abbe Gluck. The issue also features student contributions on punitive damages in tort law, taxation and "common control" doctrine, and the proper role of the Solicitor General. Ebook formatting includes linked notes and an active Table of Contents (including linked Tables of Contents for individual articles and comments), as well as fully-linked cross-references and properly presented tables.

Complete Guide to Human Resources and the Law, 2017 Edition

Complete Guide to Human Resources and the Law, 2017 Edition
Author: Shilling
Publisher: Wolters Kluwer
Total Pages: 1820
Release: 2016-10-21
Genre: Business & Economics
ISBN: 145487127X

The Complete Guide to Human Resources and the Law will help you navigate complex and potentially costly Human Resources issues. You'll know what to do (and what not to do) to avoid costly mistakes or oversights, confront HR problems - legally and effectively - and understand the rules. The Complete Guide to Human Resources and the Law offers fast, dependable, plain English legal guidance for HR-related situations from ADA accommodation, diversity training, and privacy issues to hiring and termination, employee benefit plans, compensation, and recordkeeping. It brings you the most up-to-date information as well as practical tips and checklists in a well-organized, easy-to-use resource. The 2017 Edition provides new and expanded coverage of issues such as: The Supreme Court held in March 2016 that to prove damages in an Fair LaborStandards Act (FLSA) donning/doffing class action, an expert witness testimony could be admitted Tyson Foods, Inc. v. Bouaphakeo, 136 S. Ct. 1036 (2016). Executive Order 13706, signed on Labor Day 2015, takes effect in 2017. It requires federal contractors to allow employees to accrue at least one hour of paid sick leave for every 30 hours they work, and unused sick leave can be carried over from year to year. Mid-2016 DOL regulations make millions more white-collar employees eligible for overtime pay, by greatly increasing the salary threshold for the white-collar exemption. Updates on the PATH Act (Protecting Americans From Tax Hikes; Pub. L. No. 114-113. The DOL published the fiduciary rule in final form in April 2016, with full compliance scheduled for January 1, 2018. The rule makes it clear that brokers who are paid to offer guidance on retirement accounts and Individual Retirement Arrangements (IRAs) are fiduciaries. In early 2016, the Equal Employment Opportunity Commission (EEOC) announced it would allow charging parties to request copies of the employer s position statement in response to the charge. The Supreme Court ruled that, in constructive discharge timing requirements run from the date the employee gives notice of his or her resignation not the effective date of the resignation. Certiorari was granted to determine if the Federal Arbitration Act (FAA) preempts consideration of severing provisions for unconscionability. "

Complete Guide to Human Resources and the Law, 2021 Edition

Complete Guide to Human Resources and the Law, 2021 Edition
Author: Dana Shilling
Publisher: Wolters Kluwer
Total Pages: 1890
Release: 2020-08-05
Genre: Labor laws and legislation
ISBN: 1543817866

The Complete Guide to Human Resources and the Law will help you navigate complex and potentially costly Human Resources issues. You'll know what to do (and what not to do) to avoid costly mistakes or oversights, confront HR problems - legally and effectively - and understand the rules. The Complete Guide to Human Resources and the Law offers fast, dependable, plain English legal guidance for HR-related situations from ADA accommodation, diversity training, and privacy issues to hiring and termination, employee benefit plans, compensation, and recordkeeping. It brings you the most up-to-date information as well as practical tips and checklists in a well-organized, easy-to-use resource.

Business Research Handbook

Business Research Handbook
Author: Shimpock
Publisher: Wolters Kluwer
Total Pages: 910
Release: 2004-11-23
Genre: Law
ISBN: 0735552673

Business Research Handbook is the best strategic approach to research. It gives you ready-to-adapt strategies that streamline and focus your information search, complete with: Procedures that progressively sift and regroup your research decision points that allow you to evaluate which steps remain The most cost-effective ways to take advantage of today's electronic media resources Efficient ways to retrieve the information your search has located. Easy-to-adapt sample research strategies are found throughout the book to help you confidently and quickly conduct your research in unfamiliar areas. You will find that the Business Research Handbook is designed in a graphic, user-friendly format with easy-to-recognize icons as reference pointers, and extensive lists of sources and material to help you obtain the information you need to: Compile biographical information on key players or parties Investigate potential business partners or competitors Engage in marketing research Compile a company profile Locate expert witnesses and verify credentials And much more.