Severance Plans and ERISA Compliance: Limiting Liability in Design and Implementation of Severance Arrangements

BARBRI

This CLE course will guide employee benefits counsel and advisers on practical methods and best practices in structuring severance plans in compliance with ERISA. The panel will discuss what makes a severance plan subject to ERISA, requirements to avoid penalties, Section 409A considerations, and the benefits of having an ERISA severance plan.

Description

ERISA applies to retirement and group healthcare plans, but severance pay may constitute a "plan" under ERISA depending on the nature of the arrangement. Companies must identify the elements of severance arrangements that form a plan under ERISA.

ERISA governs the implementation and termination of pension and welfare benefit plans, which can include severance arrangements such as one-time payments, individual agreements, policies, or more formal severance plans. A severance arrangement is subject to ERISA if a reasonable person can determine the intended benefits, beneficiaries, the source of financing, and the procedures for receiving benefits. If a severance plan is subject to ERISA, counsel and advisers must ensure that clients satisfy all legal obligations under ERISA. Noncompliance may result in civil and criminal penalties.

There are advantages to establishing and maintaining ERISA compliance for severance arrangements that allow employers to avoid or limit potential litigation and penalties. A compliant severance plan provides for the preemption of state laws under ERISA and requires participants to submit disputes to the plan administrator first per applicable ERISA claims procedures.

Listen as our panel discusses methods to ensure ERISA compliance in the design, use, and implementation of severance plans, the benefits and potential ramifications of severance plans subject to ERISA, and best practices in drafting severance plan documentation to limit or avoid litigation.

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