Timothy Eiher and David Weingarten Slevin & Hart P.C.; Jason Levine, Internal Revenue Service
In Part 2 of the series, attendees will learn the minimum legal requirements for different types of tax-qualified retirement plans, such as vesting, service crediting, coverage, nondiscriminatory benefits, and distribution options. This will include a discussion of funding rules under the Pension Protection Act of 2006 and more recent developments. They also will learn what key issues to consider when designing a retirement plan, with a focus on the various features that distinguish the many types of benefit plan arrangements.
Part 3 will focus on the practical questions that arise in operating a retirement plan. Faculty will cover nondiscrimination testing, reporting and disclosure requirements, spousal rights and domestic relations orders, mandatory distributions, and more. This course will pay particular attention to administrative issues facing 401(k) plans such as discrimination testing and safe harbor qualification. It will highlight a number of recent developments in the law that affect plan administration, such as non-spouse and Roth IRA rollovers and the suspension of 2009 required minimum distributions in defined contribution plans.
Part 4 will examine the fiduciary responsibility provisions of ERISA and the Code as they apply to plan investment, plan administration, benefits decisions, prohibited transactions and exemptions, fiduciary and co-fiduciary liability, and ERISA preemption of state laws. The course also will tackle the practical aspects of participants' rights under ERISA-covered plans, including disclosure and reporting rules, claims procedures, and remedies participants may have for violations of those rights.