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Summary of SEC Roundtable on Executive Compensation Disclosure (PDF)

"Three panels ... discussed and analyzed how executive compensation is set and the entire disclosure framework ... [T]here was agreement on at least four themes: [1] Complexity and length have outstripped usefulness.... [2] Executive personal security costs are not perks.... [3] The PvP, pay-ratio and clawback rules all merit re-examination.... [4] A principles-based reset could reclaim materiality."

Effect on Private Funds of Recent DOL Amendments to ERISA's QPAM Exemption (PDF)

"Although certain private funds may be structured to avoid holding 'plan assets,' ... those funds may have agreed in a contract ... to utilize the QPAM Exemption in certain circumstances.... Prior to the effective date [these funds should:] [1] Review all fund documentation including side letters and ISDAs/derivative contracts....[2] Consider DOL notification requirements in light of the September 15, 2024 notification deadline ... [3] Does the fund have sufficient assets under management and capitalization to qualify under the QPAM Exemption in light of the Amendments' requirements? [4] Consider recordkeeping requirements.... [5] Has the fund or any affiliate committed prohibited misconduct under the expanded requirements?"

Defining 'Pension or Retirement Benefits' for Tax Treaty and Other Purposes (PDF)

"Nearly all bilateral tax treaties contain special rules relating to pension funds or arrangements.... Proposed regulations under Section 897(l) ... define 'pension and retirement benefits' narrowly, but in a way that commentators have criticized as unrealistic.... In the interest of coherence and sound administration, the final regulations should incorporate a presumption that if a pension plan is covered by a treaty, it meets the requirement of Section 897(l)(2)(B)."

COVID-19: Answers to Recent Questions from Employer Clients

"How should an employer with multiple affiliates determine if it meets the '500 employee' threshold for coverage under the Emergency Family and Medical Leave Expansion Act (FMLEA) and the Emergency Paid Sick Leave Act (EPSLA)? ... Is leave under the EPSLA in addition to leave available under applicable state law?  ... Are employees who are temporarily laid off (i.e. 'furloughed') entitled to paid or unpaid leave under the FFCRA?"

How Administrative Spending Contributes to Excess U.S. Health Spending

"Given that administrative spending is high but does not seem to be rising faster than the rest of health care spending, is this a fruitful area for intervention to moderate spending growth? [This article summarizes] highlights of the council's discussion on this matter."

Institutional Investors and Advisors Pursue Expanded CEO Pay Ratio Disclosure

"A group of institutional investors and advisors, cumulatively representing $3.3 trillion in assets under management and advisement, recently sent a letter to every public company included in the S&P 500 index seeking expanded CEO pay ratio disclosures in proxy statements.... The group believes that supplemental disclosure will help investors put the pay ratio information in the context of the company's overall approach to human capital management."

EEOC Final Rules on Employer Wellness Programs (PDF)

"The Final Rules became effective in January 2017 and apply to all workplace wellness programs, even if they are not offered as part of an employer-sponsored group health plan. However, the Final Rules are not always consistent with [HIPAA], leaving employers to face overlapping and conflicting federal regulations."

EEOC Final Rules on Employer Wellness Programs Become Effective January 1, 2017 (PDF)

"The Final Rules become effective in January 2017 and apply to all workplace wellness programs.... This article summarizes the Final Rules in the context of the ACA and HIPAA, and provides advice for employers seeking to implement or maintain corporate wellness programs."

Recent Developments in ERISA's Church Plan Exemption (PDF)

"At least three federal district courts have broken from the long-settled interpretation that church-affiliated organizations may take advantage of ERISA's church plan exemption, and held that the exemption covers only plans established by churches themselves."

Recent Federal Court Rulings on COBRA Notification Requirements (PDF)

Article provides a summary of four recent federal court decisions addressing: [1] whether a reduction in hours worked was a qualifying event entitling a participant to COBRA coverage [Green v. Baltimore City Board of School Commissioners (D. Md.); vacated on other grounds]; [2] whether a same-sex spouse had standing to assert a claim even though he was never a beneficiary under his spouse's group health plan [Sacchi v. Luciani (D.N.J.)]; [3] whether COBRA penalties for failure to provide the COBRA notice should be imposed on the plan sponsor where the participant mistakenly received free coverage [Cole v. Trinity Health Corp. (8th Cir.)]; and [4] a COBRA class action settlement with a record settlement of $1 million for failing to provide COBRA notices [Slipchenko v. Brunel Energy (S.D. Tex.)].