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2012 ISS U.S. Corporate Governance Policy Updates (PDF)

[Shown in this alert] is a chart with highlights of changes to ISS Board and Compensation policies for the 2012 U.S. company proxy season (meetings beginning February 1, 2012).

Small Employer Health Insurance Cost Tax Credit (PDF)

3 pages. Excerpt: A taxable employer treats the credit as a general business credit, claims it on the employer's tax return, and offsets its tax liability for the taxable year by the amount of the credit. The credit can be used to reduce estimated tax payments for the year and, in some cases, the employer???s alternative minimum tax liability.

Employer Reimbursements for Early Retiree Medical Claims Application Now Available (PDF)

2 pages. Excerpt: The application to participate in the reinsurance program and FAQs about the program are now available at: http://www.hhs.gov/ociio/regulations/index.html.

COBRA Premium Subsidy Again Extended and Expanded by Congress (PDF)

2 pages. Excerpt: Congress is currently considering bills that will further extend the subsidy, potentially through December 31, 2010.

SEC's New Disclosure Rules Regarding Risk, Compensation, and Corporate Governance (PDF)

3 pages. Excerpt: A number of the changes will require companies to gather additional information and in some cases, action by the board or a committee. As you begin to review how the changes impact your company's filings and processes, you will also need to start gathering the required information. Steps that can be taken today include revising (or supplementing) your annual Director & Officer Questionnaires and revising your prior year disclosures, including total compensation, for the change in reporting of stock awards and option awards.

Does Your Wellness Program Comply with HIPAA Nondiscrimination Regulations? Updated December 15, 2008 (PDF)

3 pages. Excerpt: WHAT SHOULD PLAN SPONSORS DO? As soon as possible, plan sponsors should: Evaluate all group health plans (including medical, dental, vision, and employee assistance programs) and determine if they offer a reward based on a health factor. Use the [checklist in the target document] to determine if the reward complies with the HIPAA nondiscrimination regulations. Contact your health and welfare benefits counsel as to how the HIPAA nondiscrimination regulations apply to your plans and how to address any potential noncompliance issues.

New Proposed Disclosure Requirements for Retirement Plan Fees and Investment Expenses: Part II (PDF)

2 pages. Excerpt: The U.S. Department of Labor ('DOL') proposed ERISA 404(a) and (c) regulations would require disclosure in two main categories: plan information and investment information. The first part of this Alert discussed the onerous plan information disclosures. Here, we discuss the investment information disclosures. The DOL's new proposed regulations would require detailed disclosure of investment expenses in participant directed individual account plans like 401(k) plans and IRAs. Investment expense disclosures would be required upon eligibility, and at least annually, to each participant[.]

Are You Ready for the Section 409A Compliance Deadline? (PDF)

3 pages. Excerpt: All nonqualified deferred compensation arrangements must satisfy, or be exempt from, the requirements of Section 409A of the Internal Revenue Code by December 31, 2008.

Proposed Safe Harbor for Deposit of Small Plan Contributions and a Clarification for All Plans (PDF)

2 pages. Excerpt: In the preamble, the DOL has requested comments, including whether the DOL should create a safe harbor for large plans. The DOL has requested information, including whether there is a need for a safe harbor for large plans, the size of the plans for which there is a perceived need, and the time periods in which large plan sponsors deposit contributions.

DOL Proposes Safe Harbor for Deposit of Small Plan Contributions and Clarification for All Plans (PDF)

2 pages. Excerpt: The safe harbor will become effective on the date the final regulations are published in The Federal Register. However, the DOL will not assert an Employee Retirement Income Security Act (ERISA) violation prior to the effective date of the regulations so long as a small plan deposits contributions and loan repayments within the safe harbor period.