More 409A headaches: existing arrangements containing employment release provisions may need to be amended before year-end for Section 409A compliance (and new arrangements with such provisions need to be carefully drafted) *

USA - September 17 2012
Section 409A of the Internal Revenue Code (“Section 409A”) generally provides rules governing nonqualified deferred compensation arrangements with the main focus of such rules being limiting the ability of both the plan participant and his or her employer to manipulate the timing of payments under such nonqualified plans (although an employee/employer relationship is not required for Section 409A to apply).

Co-authors: Christian Chandler, Joseph R. Rackman, Margaret de Lisser, Carin C. Carithers, Martha N. Steinman .

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Beginning August 30, plan fiduciaries must provide more detailed information on fees and investment options to plan participants *

USA - August 24 2012
A regulation issued by the United States Department of Labor in 2010 will soon require fiduciaries of 401(k) plans and other tax-qualified defined contribution plans, as well as 403(b) plans, that are subject to the Employee Retirement Income Security Act of 1974 (ERISA) and that allow plan participants to direct the investment of their accounts to provide much more detailed information on plan fees and expenses that might be charged to participants’ accounts, and on plan investment options, than they have had to provide in the past.

Co-authors: Christian Chandler, Joseph R. Rackman, Margaret de Lisser, Carin C. Carithers, Martha N. Steinman .

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Beginning July 1, plan fiduciaries must be sure service providers disclose fee information required by DOL regulation *

USA - June 25 2012
This client alert summarizes a regulation issued by the United States Department of Labor that requires certain persons that provide services to tax-qualified retirement plans and 403(b) plans, including but not limited to fiduciaries, investment advisers and certain recordkeepers, to disclose detailed information regarding their fees and other compensation to plan fiduciaries.

Co-authors: Margaret de Lisser, Martha N. Steinman .

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New labor regulations require enhanced fee disclosure by funds that hold ERISA plan assets *

USA - April 16 2012
The United States Department of Labor (DOL) has issued new regulations that will require some investment funds that are subject to the Employee Retirement Security Act of 1974 (ERISA) to disclose more fee information to their ERISA plan investors than they have to date.

Co-authors: Jeffrey M. Hurlburt.

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Executive compensation, employee benefits and share incentives alert *

USA - November 12 2010
This Alert is intended to remind you of certain year-end reporting requirements with respect to stock issued upon the exercise of an incentive stock option (ISO) or transferred under a tax-qualified employee stock purchase plan (ESPP) and inform you of new IRS filing requirements for transactions occurring in 2010 which will be reportable as soon as January 31, 2011.

Co-authors: Christian Chandler, Joseph R. Rackman, William L. Neff, Margaret de Lisser, Carin C. Carithers.

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