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Reopening and Rehiring - What Are the Most Critical Employee Benefits and Executive Compensation Issues?


July 9, 2020
1:00 p.m. - 1:40 p.m. ET

As many employers are on the way to normalizing their business practices and re-engaging their employees, they should not overlook the many lurking landmines in the administration of their retirement, health and welfare plans and their executive compensation arrangements. The risks of missteps are high. They include disqualification of qualified retirement plans, ACA taxes, IRS penalties, employee lawsuits and DOL enforcement.

In this session, we will focus on the steps employers can take to avoid these problems.

The issues we will discuss include:

  • Making sure that eligibility determinations under retirement and health and welfare plans are correctly implemented
  • How to determine full-time status for re-engaged workers under health and welfare plans
  • How to appropriately report furloughed and laid off workers to IRS forms for ACA purposes
  • Other service crediting issues (focusing on vesting and benefit accrual service) for re-engaged workers under retirement and health and welfare plans
  • The impact of new COBRA rules on returning employees
  • Avoiding 409A's penalty taxes in connection with an arrangement's separation from service provisions
  • Necessary retirement, health, and welfare plan amendments
  • Issues in connection with the reinstatement of employer retirement plan contributions


  • Melissa B. Kurtzman, Shareholder, Littler Mendelson P.C
  • Steven J. Friedman, Shareholder, Littler Mendelson P.C

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