Defined Benefit Combo Cash Balance Compliance Consultant Loren D. Stark Company (LDSCO)
|
TPA Retirement Plan Consultant EPIC RPS (TPA/DPS)
|
Defined Benefit Consultant/Enrolled Actuary Pension Plan Specialists, PC
|
Fringe Benefit Group
|
Retirement Solutions Specialists
|
Defined Contribution Account Manager Nova 401(k) Associates
|
Retirement Planners and Administrators (RPA)
|
Defined Contributions Compliance Consultant Loren D. Stark Company (LDSCO)
|
New York City District Council of Carpenters Benefit Funds
|
Pollard & Associates
|
Greenline Wealth Management
|
Great Lakes Pension Associates, Inc.
|
Senior Specialist 401k Recordkeeping T Bank N.A.
|
“BenefitsLink continues to be the most valuable resource we have at the firm.”
-- An attorney subscriber
The Sun Capital Case Could Have Broader Implications for Employee Benefit Plans
Verrill Dana LLP Aug. 26, 2013 "[O]ne wonders whether the Sun Capital decision could ultimately have broader implications in the world of employee benefits and executive compensation, where the controlled group rules arise in many contexts. If a private equity fund and one or more of its portfolio companies can be treated as a controlled group (and, therefore, as a single employer) under the 'investment plus' standard of Sun Capital, the constituent entities could experience a number of undesirable consequences: [1] The retirement plans maintained by the controlled group members would be subject to coverage and nondiscrimination testing based on the entire combined workforce of the fund and the portfolio companies; [2] There would be joint and several liability for any defined benefit pension plan unfunded benefit obligations (not just for multiemployer plans); [3] Employees who move from one portfolio company to another may not be considered to have separated from service in a way that would trigger the right to receive benefit payments; [and] [4] The employers would have to be combined for purposes of applying the employer shared responsibility requirements of the Affordable Care Act (a/k/a the play or pay mandate)." [Sun Capital Partners III, L.P. v. New England Teamsters & Trucking Ind. Pension Fund, No. 12-2312 (1st Cir. July 24, 2013)] |
Please click here to report this link if it is broken (for example, if you see a "404 File Not Found" error message after you click on the linked news item's title). |
An important word about authorship: BenefitsLink® created this link to the news item, but we are not the news item's author (unless expressly shown above). |