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ERISA and Global Benefits

2017: New Year, New Retirement Requirements for California Employers
Under a recently approved law, some California employers in the private sector will have to offer an estimated 7,000,000 employees an automatic retirement savings arrangement that sends payroll deductions to a state retirement program, if they do not otherwise offer a retirement savings plan or individual retirement account (IRA). In other words, eligible employers can avoid the program by adopting a tax-qualified retirement plan.
Asset Purchasers Face Escalating ERISA Liability Exposure (9th Cir. Decision is the Latest)
From employment to employee benefit liabilities, the federal common law of successor liability has the potential to surprise those who intend to buy only assets in purchase transactions. Citing 7th Circuit ERISA precedent, the 9th Circuit recently expanded that successor principle to hold that an asset purchaser could be subject to withdrawal liability from a union pension fund.
Avoid Self-Inflicted Liability: Extraneous Plan Provisions
Retirement plan sponsors are constantly reminded of the many potential liabilities imposed on them by the labyrinthine ERISA statutory scheme, from minimum standards for participation, vesting and funding to the requirement of a claims and appeals process within each plan. However, despite the already existing complexities of ERISA, plan sponsors sometimes include unnecessarily exacting plan provisions that create employer obligations – and hence liability -- where none might have existed otherwise.
PRESUMPTION OF ESOP FIDUCIARY PRUDENCE: A FADING MEMORY
The U.S. Supreme Court has heightened the risk that ESOP fiduciaries face.
Spin-off Playbook: When Corporate Transactions Impact Benefit Plans
Corporate spin-offs present a range of equity compensation, 409A, and employee benefits issues that are often under-appreciated, and lately recognized.
IRS and Treasury Apply “State of Celebration” Rule for Same-Sex Marriage
Same sex marriage guidance is finally here, at least from a tax perspective.