erisa a comprehensive guide through 2015 supplement

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Author : Paul J. Schneider
ISBN : 9780735509108
Genre : Law
File Size : 67. 44 MB
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The Fourth 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: A new chapter that focuses on the key federal employment laws, such as the antidiscrimination, wage and hour, and leave laws, which often must be considered by benefits professionals when providing benefits advice to their clients A revised chapter on ERISA preemption, which includes a new discussion of what constitutes a "plan" for purposes of applying ERISA preemption and an updated discussion of the impact of the Supreme Court's decision in Cigna Corp. v. Amara on ERISA preemption A summary of the requirement of providing health plan participants with a Summary of Benefits and Coverage has been added to the discussion of benefit plan notice requirements An update on recent court decisions involving 401(k) fee litigation and the extent to which excessive or undisclosed fees can constitute a breach of ERISA fiduciary duty. The Department of Labor's final regulations issued under ERISA Section 408(b)(2), regarding the disclosure that must be made by service providers to plan fiduciaries concerning the direct and indirect compensation that the service providers receive in connection with providing services to a covered plan A discussion regarding the income tax consequences of employer-paid COBRA premiums A discussion regarding successor liability in asset sale transactions has been added to the chapter on mergers and acquisitions A discussion regarding the extent to which an employer's interference with the benefits of union supporters may constitute an unfair labor practice under the National Labor Relations Act

Law Of Employee Pension And Welfare Benefits

Author : Lawrence A. Frolik
ISBN : 9780769852805
Genre : Employee fringe benefits
File Size : 65. 48 MB
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The Complete Guide To Human Resources And The Law

Author : Dana Shilling
ISBN : 9781454856276
Genre : Employee fringe benefits
File Size : 28. 19 MB
Format : PDF
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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 2016 Edition includes updated coverage of the following developments: Laws requiring employers to provide paid sick leave have been adopted in Connecticut, California, and Massachusetts, and in a number of cities (New York City, San Francisco, Philadelphia, and Newark) The Consolidated and Further Continuing Appropriations Act of 2014, Pub. L. No. 113-235, nicknamed the and“Cromnibusand” bill, includes the Multi-Employer Pension Relief Act (MPRA) The Supreme Court permitted an employer to reduce retiree health benefits, reversing a Sixth Circuit holding that the benefits had vested for life The Supreme Court ruled that PPACA subsidies can be paid to taxpayers whether they purchase coverage on a state Exchange or the federal Exchange (in states that have not created an Exchange of their own): King v. Burwell, No. 14-114 (U.S. June 25, 2015) Extensive litigation continued on contraceptive mandate, and what religious organizations must do to vindicate their objection to providing contraceptive coverage The Supreme Court ruled that all of the states must recognize same-sex marriage, because the right to marriage equality is of constitutional dimensions: Obergefell v. Hodges, No. 14-556 (U.S. June 26, 2015) And more

Legal Opinion Letters

Author : M. John Sterba
ISBN : 9780735530812
Genre : Law
File Size : 21. 87 MB
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The demand for legal opinions is growing while the ground rules keep changing. Keep abreast of the latest developments with the third edition of Legal Opinion Letters. This unique guide covers all aspects - drafting, requesting, receiving, interpreting and evaluating - of both client and third-party legal opinion letters. Legal Opinion Letters provides comprehensive coverage not only of the standard corporate and securities third-party opinion letters, but also real estate opinions, tax, intellectual property, bankruptcy, letters to auditors, international opinions, and liability just to name a few. Special attention is given to exposure to liability, an area of great concern to the opinion practice attorney. It also examines the current content of actual letters used to address these topics. All of this valuable information is provided in light of current case law, the ABA Legal Opinion Report, The TriBar Report and several excellent state bar reports. It is a contributed work with introductory chapters by M. John Sterba, Jr., and additional chapters by a host of other expert pracitioners. The advice you find in Legal Opinion Letters may very well affect your very next legal opinion.

Employee Benefits Law Qualification And Erisa Requirements

Author : Kathryn J. Kennedy
ISBN : 9780327174882
Genre : Law
File Size : 59. 33 MB
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This title is part of the LexisNexis Graduate Tax Series. Employee Benefits Law: Qualification Rules and ERISA Requirements, Second Edition, differs from other employee benefits casebooks and practicing legal education materials in the following ways: • The book makes a clear delineation of the qualification requirements of the IRC applicable to employee benefit plans versus ERISA requirements. As such, most of the materials focus on pension and profit sharing plans. However, the tax rules applicable to welfare benefit plans and nonqualified deferred compensation plans are also discussed. • The book places a strong emphasis on planning and policy, focusing on the adoption, maintenance, and correction of such plans. • The substantive qualifications of the IRC are discussed in full. ERISA's fiduciary, enforcement, reporting, and disclosure standards are also set forth. Sophisticated realistic problems are an integral part of the materials, and are included throughout. These problems will require careful analysis and application of code and regulation provisions, administrative pronouncements, case law, and other relevant sources. Perhaps more important for a graduate tax program, the problems not only require careful analysis, but the application requires dealing with situations when the most careful reading of the materials does not supply an answer. An additional, in-depth, take-home problem may be used as the basis for class discussion or a graded written assignment. Employee Benefits Law is divided into two sections. Part 1 addresses the specific qualification requirements of the tax code applicable to all employee retirement plans, from both the employee and employer perspective. Part II addresses tax rules applicable to welfare benefits and nonqualified deferred compensation plans and ERISA rules applicable generally to all employee benefits plans. Thereafter, the ERISA rules applicable to employee retirement plans and welfare plans are covered.

Erisa Litigation

Author : Jayne E. Zanglein
ISBN : 1570189684
Genre : Law
File Size : 80. 73 MB
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Handbook On Erisa Litigation

Author : James F. Jorden
ISBN : 9781454862062
Genre : Business & Economics
File Size : 31. 96 MB
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Handbook on ERISA Litigation cuts through complicated statutory provisions and tells you which ERISA claims are recognized by which courts and how to litigate them. Helpful litigation checklists and forms are provided on key aspects of ERISA litigation as well as hundreds of citations to leading federal and state cases. Every major claim area under ERISA is covered: Fiduciary liability Violation of ERISA reporting and notification requirements ERISA discrimination claims and related statutory claims Plan termination claims Overfunded and underfunded plans Tax litigation Claims by the U.S. Department of Labor and the Pension Benefit Guaranty Corporation (PBGC) The Handbook helps you to counsel clients more knowledgeably and to litigate ERISA disputes more effectively by identifying the issues, presenting litigation strategies, and reducing the time needed to prepare pleadings and briefs. In one, easy-to-read volume, you'll find expert analysis of: The structure and scope of ERISA, so you can easily determine whether and in what fashion ERISA is relevant to the resolution of a dispute Exceptions to ERISA and preemption issues, keeping you fully apprised of the extent to which ERISA can be used by or against you, particularly with respect to preemption laws The procedural rules of the road, providing you with practical insights into jurisdictional, venue, standing, discovery, and evidentiary issues, and how these may affect the outcome of your cases Handbook on ERISA Litigation has been updated to include: The impact of the Affordable Care Act upon ERISA practice and procedure Expanded coverage of overlapping federal statutory claims such as the Pregnancy Discrimination Act, federal disability discrimination laws, and other claims of gender and family status discrimination (including same-sex marriage/partnership issues) Expanded discussion of recent U.S. Supreme Court decisions on the continuing fiduciary obligation to monitor plan investments, availability of various forms of relief for ERISA benefits claims and breach of fiduciary duty claims, the enforceability of limitations provisions contained in employee benefit plans, employer stock drop claims, and the supremacy of employee benefit plan terms over equitable or common law principles Continuing developments in ERISA preemption analysis clarifying the scope and reach of federal preemption And more!

Complete Guide To Human Resources And The Law 2017 Edition

Author : Shilling
ISBN : 9781454871279
Genre :
File Size : 21. 31 MB
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Iras 401 K S Other Retirement Plans

Author : Twila Slesnick
ISBN : 9781413323948
Genre : Business & Economics
File Size : 27. 97 MB
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Take cash out of your retirement plan while avoiding taxes and penalties If you have a retirement plan, IRAs, 401(k)s & Other Retirement Plans is your comprehensive guide to taking money out of it. Make sense of the complex tax rules governing when you can — and when you need to — take money out of your plan, and how much you can take out. Most importantly, avoid the penalties that many folks have to pay because they don't take their required minimum distributions. In plain English, this book covers the most common retirement plans, including 401(k)s, IRAs, profit-sharing plans, Keoghs, pensions, and tax-deferred annuities. It helps you answer these questions: When do I need to start taking money out of my plan? How do I calculate my required minimum distributions? Can I take money out of my plan before I retire? Can I borrow money from my 401(k) to buy a house? Can I contribute to a Roth IRA? What should I do with my 401(k) when I switch jobs? What is a Roth 401(k)? What happens to my plan when I die? What are the different rules for taking money of out an inherited plan? Completely updated, IRAs, 401(k)s & Other Retirement Plans provides clear examples to guide you through the decision-making process and making calculations. Samples of tax forms required by the IRS are also included, as well as easy-to-follow instructions on completing them.

Employee Benefits Law

Author : Jeffrey D. Mamorsky
ISBN : 1588520072
Genre : Law
File Size : 75. 69 MB
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Employee Benefits Law: ERISA and Beyond takes you step by step through these and other statutes and regulations to help ensure that your plans are properly structured, qualified and implemented.

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