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7 Matching News Items

1.  Bodman PLC Link to more items from this source
Sept. 8, 2025
"The Sixth Circuit held that the Operators Local 324 Pension Fund did not comply with ERISA by using the [PBGC] rate of 2.27% as its discount rate given that the fund's best estimate that the rate of return on investments would be 7.75%.... The court held that the actuary did not use their best estimate of the discount rate but stopped short of mandating use of a rate equivalent to the best estimate of rate of return.' [Ace-Saginaw Paving Co. v. Operating Eng"rs Loc. 324 Pension Fund, Nos. 24-1288, 24-1305 (6th Cir. Aug. 6, 2025)]
2.  Bodman PLC Link to more items from this source
May 29, 2025
"For startup founders, a Section 83(b) Election can be a highly effective tax strategy, especially when the restricted equity value at the grant date is low and there is a strong potential for growth. That said, making the election is not without risk."
3.  Bodman PLC Link to more items from this source
Jan. 12, 2025
"Michigan's Earned Sick Time Act (ESTA) will become effective on February 21, 2025. Last minute bills have been introduced by both the House and Senate, designed to address serious issues ESTA presents to Michigan employers."
4.  Bodman PLC Link to more items from this source
Sept. 15, 2024
"ESTA's definition of 'employee' does not include the requirement that payment be subject to tax withholding. When the Michigan legislature adopted and amended ESTA to create the Paid Medical Leave Act, they sought to eliminate any ambiguity as to who could be considered an employee by adding the tax withholding requirement. When the Michigan Supreme Court reinstated ESTA, this ambiguity returned."
5.  Bodman PLC Link to more items from this source
May 17, 2024
"The FTC defines 'senior executive' based on both an earnings test and a job duties test -- and the job duties test is quite restrictive.... You likely cannot enforce a non-compete against a Sales Manager who makes $250,000 annually, a Department Head with policy-making authority over only his segment of the business, a mid-level manager who owns a small share of stock in the Company, or a highly-compensated Chief People Officer who only has advisory authority but cannot make final policy decisions."
6.  Bodman PLC Link to more items from this source
Sept. 30, 2020
"[A] severance arrangement will be subject to Code Section 409A, unless one of the limited exceptions applies or the arrangement satisfies an exemption.... The short term deferral rule only has two conditions, both of which must be satisfied in order for the rule to apply. The first condition is related to the timing of the severance payment. The second condition is related to whether the employee has a vested interest in the severance payment."
7.  Bodman PLC Link to more items from this source
Sept. 16, 2020
"[IRS] guidance indicates that participants will generally not be treated as having an employer-initiated severance from employment for purposes of calculating the 'turnover rate' if rehired by the end of calendar year 2020. However, the FAQ leaves a number of issues open and unresolved when it comes to determining whether the plan has experienced a partial termination."

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