Subscribe (Free) to
Daily or Weekly Newsletters
Post a Job

Featured Jobs

Director of 3(16) Operations

Compass
(Remote / NH / Hybrid)

Compass logo

Regional Vice President of Sales

The Retirement Plan Company
(Remote / AL / FL / GA / MS)

The Retirement Plan Company logo

Business Development Director

AimPoint Pension
(Remote / Pompano Beach FL / AL / GA)

AimPoint Pension logo

Loan & Distribution Specialist

AimPoint Pension
(Remote)

AimPoint Pension logo

Retirement Plan Administrator

Bates & Company, Inc.
(Remote / Winter Park FL)

Bates & Company, Inc. logo

Defined Benefit Combo Cash Balance Compliance Consultant

Loren D. Stark Company (LDSCO)
(Remote)

Loren D.  Stark Company (LDSCO) logo

View More Employee Benefits Jobs

Free Newsletters

“BenefitsLink continues to be the most valuable resource we have at the firm.”

-- An attorney subscriber

Mobile app icon
LinkedIn icon     Twitter icon     Facebook icon

47 Matching News Items

1.  SEC Proposal for Expanded Executive Compensation and Related Party Disclosure (PDF)
Orrick, Herrington & Sutcliffe LLP Link to more items from this source
Feb. 8, 2006
3 pages. Excerpt: [Orrick wants to] emphasize some of the hottest compensation issues of the moment that are left untouched by the proposal.
2.  Additional Guidance on Code Section 409A: Strategies for Dealing with Discounted Stock Options
Orrick, Herrington & Sutcliffe LLP Link to more items from this source
Dec. 30, 2005
Excerpt: This is the third installment in [Orrick's] series of articles concerning the impact of new Section 409A of the Internal Revenue Code ('Section 409A'). .... This installment concerns 'fixes' for discounted stock options. Please note, while the focus of this article is on discounted stock options, the same basic principals would apply to discounted stock appreciation rights as well.
3.  NYSE and Nasdaq Propose Clawback Rule Listing Standards: What Public Companies Need to Know
Orrick Link to more items from this source
Feb. 27, 2023
"The proposed listing standards for both NYSE and Nasdaq: model the requirements of the Clawback Rules, with no additional standards or disclosure obligations; and will become effective on the date the SEC approves them, which will occur no later than November 28, 2023."
4.  What You Need to Know About the SEC's Final Clawback Rules
Orrick Link to more items from this source
Nov. 2, 2022
"What are the new rules? ... What type of compensation is covered? ... What is a financial reporting measure? ... Which executives and what periods are covered? ... What must be recovered? ... How is it recovered? ... What types of restatements are covered? ... What must be disclosed? ... When to comply? ... How do the new rules compare to existing clawback requirements and proxy advisor guidance? [Side-by-side chart.] ... What should a compensation clawback policy look like? [Sample policy provided.]"
5.  CEO Pay Ratio Checklist (PDF)
Orrick Link to more items from this source
Mar. 13, 2018
"Consider identifying a date that best reflects the demographics of the company.... Confirm with local counsel if there are any data privacy laws in that country that would prohibit collection of information.... The de minimis exemption may be useful where it impacts the median.... Annualizing the compensation of full-time and permanent full time and part-time employees is probably not worth the time and effort.... Using estimates or statistical sampling may be overly burdensome for many companies and not actually save any time.... In drafting the disclosure, consider impact on investor and employee relations."
6.  Does Repeal of the Section 162(m) Performance-Based Exception Signal the End of Performance Pay?
Orrick Link to more items from this source
Jan. 11, 2018
"The following plan provisions will need to be evaluated due to the new changes: [1] Compensation Committee composition; [2] Individual award limits; [3] Performance goals and exclusions and their pre-establishment; [4] Compensation Committee certification of satisfaction of performance goals; and [5] Prohibition on the use of positive discretion."
7.  SEC Relaxes Pay Ratio Rules to Facilitate 2018 Proxy Disclosures
Orrick Link to more items from this source
Oct. 1, 2017
"The SEC expanded the flexibility afforded by the pay ratio disclosure rule. The latest guidance should alleviate some compliance costs and administrative burdens for many issuers.... Now that the pay-ratio rule is confirmed to be in place for reporting in 2018, it is rather unlikely that Congress will take any immediate action that would preclude pay-ratio reporting or otherwise lead the SEC to reconsider the pay ratio rules."
8.  Fiduciary Rule Delay Provides Excellent Opportunity to Negotiate Stronger Indemnities
Orrick Link to more items from this source
May 3, 2017
"This delay, and the confusion swirling around if and when the DOL fiduciary rule will become applicable, is giving plan sponsors a window of time to renegotiate their contractual arrangements with their 401(k) service providers relating to investment advice. This renegotiation should include a review, and a strengthening, of the service provider's indemnification for its fiduciary investment advice."
9.  IRS Updates Golden Parachute Audit Guide
Orrick Link to more items from this source
Feb. 8, 2017
"The [2017 Audit Techniques Guide (ATG)] is the first update released since the release of the IRS's initial 2005 ATG ... The ATG includes: [1] an overview of the rules and the consequences of potential adjustments in the audit; [2] the documentation an IRS agent should review as background regarding a corporation's golden parachute payments; and [3] the nine steps involved in a parachute examination, including an examination flow chart. The 2017 ATG expands and updates the list of documents for IRS examiners to review in connection with a golden parachute examination."
10.  Annual Reporting Requirements for Incentive Stock Options and Employee Stock Purchase Plans
Orrick Link to more items from this source
Jan. 19, 2017
"Returns for ISO and ESPP transactions must be submitted to the IRS on Form 3921 (for ISOs) and Form 3922 (for ESPPs).... [E]ven though Forms 3921 and 3922 may be found on the IRS website, you are not permitted to print and file these forms with the IRS; the IRS will only accept the official forms ordered from the IRS."
11.  California Employers with Qualified Plans Not Subject to New Secure Choice Program
Orrick Link to more items from this source
Oct. 18, 2016
"[It] is likely the program in fact will not commence operation for some time, perhaps for another two to four years (i.e., not until 2019 to 2021), due to the significant administrative systems that need to be established to get the program up and running.... Of particular importance is selecting a private, third party record keeper to establish systems to deal with the hundreds of thousands of private employers and the millions of employees who will be subject to the Secure Choice program.... [T]he Secure Choice mandate will not apply to any private employer that maintains a tax-qualified retirement plan, even with respect to employees not covered by the employer's plan."
12.  More Design Flexibility in Maximizing Benefits for Highly Compensated Employees When the Employer Sponsors Both a DB and a DC Plan
Orrick Link to more items from this source
May 3, 2016
"[With] an age- or service-based profit sharing formula in [the] defined contribution plan, the combined 'general test' gateway minimums will be more accommodating ... [M]atching contributions of up to 3% of pay will be taken into account for the first time for purposes of the gateway minimums, allowing more of a mix of match and profit sharing in the defined contribution plan while maximizing contributions/benefits to highly compensated participants."
13.  Recent HIPAA Enforcement Actions Signal More to Come in Phase 2 Audits
Orrick Link to more items from this source
Sept. 22, 2015
"[The HHS Office of Civil Rights] will likely be looking for whether organizations have conducted enterprise-wide risk assessments to identify their core technical and procedural vulnerabilities, and whether those assessments then translated into remediation strategies, as well as operational policies and employee training. In particular, HHS OCR is sure to examine the preparedness of organizations to detect, response, and recover from security incidents and data breaches."
14.  SEC Pay Ratio Rules: A Recipe for Compliance and Model Disclosure
Orrick Link to more items from this source
Aug. 20, 2015
"This alert explains step-by-step how to comply with the final rules and concludes with a model disclosure."
15.  IRS Pulls Determination Letter Program, Puts Premium on Plan Assessments by Sponsors
Orrick Link to more items from this source
July 31, 2015
"Prior to this change, it was relatively easy to correct errors in plan amendments -- as the IRS allowed sponsors to retroactively fine-tune their amendment language, and even adopt new retroactive amendments in certain cases, during the determination letter review process. This flexibility is now gone under the new system, and it will be more important than ever to adopt carefully drafted legally-required amendments on time. Otherwise, [EPCRS] will be the only alternative for fixing plan document errors retroactively."
16.  A Plain English Guide to the Compensation Clawback Rules
Orrick Link to more items from this source
July 23, 2015
"As accounting restatements occur relatively infrequently, and the severity is often modest, the proposed 'clawback' rules represent more of a 'check the box' compliance activity than a real enforcement threat. [Here is a brief summary of the rules:] When to comply? ... What compensation is covered? ... What executives are covered? ... What must be recovered? ... How is it recovered? ... When is a restatement required?"
17.  Missed Deferrals: New 401(k) Correction Procedures
Orrick Link to more items from this source
June 5, 2015
"These new procedures require either no employer corrective contribution to make up the missed elective deferrals, or only a 25% contribution, depending upon how soon detection of errors and correction occurs. The new procedures are intended to address the 'windfall' that employees receive when they collect their full pay and also receive the current 50% make-up corrective contribution, and to encourage plan sponsors to adopt automatic contribution and escalation arrangements."
18.  How to Win a Say-on-Pay Proxy Fight Despite a 'No' Recommendation from ISS or Glass Lewis
Orrick Link to more items from this source
May 11, 2015
"[If] you received a 'no' recommendation from either ISS or Glass Lewis, it is critical that you take a proactive approach and promptly put in place a shareholder outreach plan to directly engage your larger institutional shareholders to discuss your pay decisions ... If the Company wants to win the Say on Pay proposal, it has two options. Depending on what the Company hears from shareholders, the Company can: [1] Not change anything but issue a supplemental proxy explaining how the pay decisions are in the shareholders' best interests and continue the dialogue with the undecided or negative shareholders; or [2] Reduce compensation and/or add performance conditions and file an 8-K regarding these changes to try to get ISS to change its 'no' recommendation and the large institutions to vote 'yes.' "
19.  Practical Advice for Compliance with Recent Amendments to Section 162(m) Regulations
Orrick Link to more items from this source
Apr. 23, 2015
"Public companies that want to preserve both the flexibility of their pre-IPO equity plans ... and the tax deductibility of their equity award grants may want to consider the following grant practices: [1] Grant performance-based restricted stock in lieu of performance-based RSUs during the reliance period.... [2] Grant only stock options during the reliance period. [3] Grant a lesser number of RSUs with modified vesting schedules such that all or a portion of the RSUs will be settled in stock during the reliance period.... Public companies that want flexibility with their plans can have a single limit for all equity grants or separate limits for different classes of equity[.]"
20.  Washington State Poised to Set the Bar for Data Encryption Standards and Breach Notification
Orrick Link to more items from this source
Mar. 19, 2015
"The single most important proposed change is the narrowing of the current encryption exemption to the notification requirement. Under the current law, as in many other jurisdictions, notification is not required if the data compromised during the breach is encrypted. HB 1078 would change that by implementing a first-of-its-kind requirement that notice be given to any Washington State resident whose encrypted personal information is compromised, unless the information is encrypted in a manner that meets or exceeds NIST's standard, or is otherwise modified so that the personal information is rendered unreadable, unusable, or undecipherable by an unauthorized person."
   Next »

Your Search Options

  • If you have selected the Any Word radio button, above:

    Enter a single word, or as many words as you'd like (perhaps some synonyms). An item will match if it contains any one of the words.

    If you enter several words, the search engine will determine which words are the most important. So you can enter a question. Or you can paste an excerpt of several paragraphs from an article on another website to find similar news items on BenefitsLink.

  • If you have selected the All Words radio button, above:

    Enter several words. An item will match only if it contain every one of the words.

  • If you have selected the Advanced radio button, above:

    Certain words and punctuation take on special meanings—

    • Quotation marks can be used to require an exact phrase, such as
      "standard of review"
    • The words AND, OR and NOT become logic operators, which are especially powerful when used with parentheses, such as
      (vested OR vesting OR lifetime) AND (retiree OR retirement) AND (health OR healthcare) AND (benefits OR coverage)
© 2024 BenefitsLink.com, Inc.