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Section 4062(e) Liability Reformed: A Summary and Analysis of the New Law (PDF)

"A new 4062(e) era has now begun. For many employers, the new law will lead to far greater certainty, and far more favorable consequences, than existed under the old law. And for all employers, an understanding of the new law is essential in order to evaluate any 4062(e) implications of potential business transactions."

Cybersecurity Preparedness Checklist for Plan Fiduciaries (PDF)

"Fiduciaries should complete [this] checklist for each service provider ... To the extent questions in this checklist are answered in the negative, consideration should be given to potential changes in policy, procedures, contract terms and/or monitoring[.]" [Also see: Surviving a DOL Cybersecurity Audit]

Credit Quality Declines Won't Trigger PBGC Review (PDF)

"[T]he PBGC removed two items that were listed in its guidance in December as possible triggers for the agency's attention under the program: a significant drop in a sponsor's credit rating and a downward trend of a sponsor's cash flow or other financial factors."

Surviving a DOL Cybersecurity Audit (PDF)

"Whether a fiduciary has been highly engaged with cybersecurity or not, the following outlines a fiduciary action plan: [1] Get informed.... [2] Get expert support, if needed.... [3] Data flow & storage.... [4] Assess fiduciary conduct to date.... [5] Develop and implement a service provider cybersecurity strategy.... [6] Document the activities." [See also: Cybersecurity Preparedness Checklist for Plan Fiduciaries.]

Mediation of PBGC Disputes: A New and Welcome Option (PDF)

"This article provides a brief history of the background leading to the pilot mediation program, a description of the two categories of disputes that are eligible for the program, and a summary of the basic rules that apply to the program."

PBGC to Look at New Arbitration Rules (PDF)

"The Trump administration has set on its regulatory agenda a new proposed [PBGC] rule that will make changes to the arbitration procedures for employers that withdraw from multiemployer pension plans.... The Trump administration's regulatory agenda, released July 20, also indicates that the PBGC will propose a rule that will make changes to the reporting, disclosure, and valuation for certain terminated or insolvent multiemployer plans."

Senate Passes Legislation on ERISA 4062(e); Bill May See Action in Lame Duck Session (PDF)

"A bill unanimously passed by the Senate that would clarify what constitutes a 'substantial cessation of operations' under ERISA Section 4062(e) may see action in the House during Congress's lame duck session. Under S. 2511, passed by senators Sept. 16, a substantial cessation of operations would be clarified to ... change the liability trigger from 20 percent of plan participants to 15 percent of all employees of the employer. They also specify that a cessation of operations must be 'permanent.' These clarifications are supported by the business community, which say the regulations proposed to implement this law have been too broad, too expensive and make business planning difficult."