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Top Ten ACA Implementation Issues Facing Employers

"Earlier this year, the government issued long-awaited regulations addressing ... employer shared responsibility requirements ... waiting period rules [and] health coverage information reporting requirements.... [M]any questions remain. Implementation presents a challenge for employers, particularly since they have only a short time to comply. This article provides a brief background of the regulations and highlights the top ten issues that employers may face this year in implementing the regulations."

Implementing and Administering Roth 401(k) Plans (PDF)

"This Note gives a general overview of the designated Roth option and explains:[1] The benefits of using a Roth 401(k). [2] The IRC requirements governing designated Roth plans. [3] The treatment of contributions to and distributions from Roth 401(k) plans. [4] In-plan rollovers of distributions from non-Roth accounts to Roth options within an employer's plan. [5] Issues for employers to consider before implementing Roth 401(k) programs."

Internal Claims and Appeals and External Review under Health Care Reform (PDF)

The Amendments clarify that plans or insurers must provide benefits following a final external review decision without delay. A plan or insurer cannot refuse to provide benefits on the grounds that it intends to challenge the decision in court. However, a court decision contrary to the final external review decision would be a basis for not providing benefits.

Implications and Issues on Freezing Defined Benefit Plans (PDF)

7 pages. Excerpt: This Note explains: Some common reasons for choosing to freeze a defined benefit plan. The difference between freezing and terminating a defined benefit plan. Types of plan freezes. The various implications of a plan freeze. The process of freezing a defined benefit plan. Long-term strategies for frozen defined benefit plans.

Paying Employee Benefit Plan Expenses Chart (PDF)

This Chart is a guide for employers to use in determining which types of expenses can be paid from the assets of an employee benefit plan governed by [ERISA] and the Internal Revenue Code of 1986 (IRC).

SEC's Proposed Clawback Rule Raises Section 409A and Other Tax Issues (PDF)

"Section 409A's general prohibition on accelerations means a company should not satisfy its clawback obligation under the proposed rule by deducting the amount to be recovered from an executive's nonqualified plan account (or any other amount subject to Section 409A), as such a practice would expose the executive to Section 409A's tax penalties. There is also a potential problem if the documentation for an arrangement subject to Section 409A provides for recouping amounts owed by the employee, even if recoupment is to occur at the originally scheduled payment date."

In-kind Contributions to Defined Benefit Plans

"The market turmoil of recent years has had a significant impact on the financial health of employer sponsored defined benefit pension plans ... The practical effect of ... low interest rates has been to increase the extent to which many plans are underfunded. According to recent industry surveys, the plan funding ratio for many plans remains less than 80%.... For some companies, using cash to fund an improvement in a plan's funded status is not an available option."