| Tax Management Compensation Planning Journal 1999 |
| Title | Subject | Authors |
|---|
| A legal and financial analysis of ESOP loan refinancings.(employee stock ownership plans) | Law | Alan Hawksley, Ben Buettell |
| Bankrupt debtor's interest in s. 403(b) annuity contract is excluded from bankruptcy estate.(IRC section 403(b)) | Law | |
| BMW cannot use IRS' special valuation rules to determine the value of cars provided as fringe benefits to employees. | Law | |
| Cash balance plan participants petition Tax Court to disqualify plan pursuant to their right as interested parties to comment on pending determination letter application. | Law | |
| Charitable contribution deductions for split-dollar insurance transactions disallowed. | Law | |
| Code s. 162(m) deduction limitation does not apply to compensation paid to officers who resign before year-end.(IRC section 162(m)) | Law | |
| Compensatory transfers of stock to employees of subsidiary corporations - the international implications of the proposed regulations under s. 1032.(IRC section 1032) | Law | Clarissa M. Dougherty, Martha A. Klasing |
| Convertible bonds and related employee loans taxed as nonstatutory options. | Law | |
| Counting top-hat plan contributions as compensation does not discriminate against NHCEs.(non-highly compensated employees) | Law | |
| Courts continue to limit scope of ADA.(Americans with Disabilities Act) | Law | |
| Department of Labor holds that a health care program is a MEWA even though it is not an employer welfare benefit plan covered by ERISA.(multiple employer welfare arrangement) | Law | |
| Department of Labor issues proposed revisions to multiple regulations regarding annual reporting and disclosure requirements under Form 5500.(employee benefit plan information reporting) | Law | |
| Department of Labor publishes guidance issued to regional and district office investigators concerning effect of potential Y2K computer problems on ERISA covered plans. | Law | |
| District court finds that employer did not breach its fiduciary duties when it failed to exercise contract right to withdraw s. 403(b) plan's assets from insolvent insurer.(IRC section 403(b)) | Law | |
| District court holds that participants must be permitted to "grow into" subsidized early retirement benefits triggered by involuntary separation.(U.S. Western District Court of Pennsylvania) | Law | |
| Divorce court order dividing retirement plan assets is not dischargeable in bankruptcy. | Law | |
| DOL and industry groups release model s. 401(k) fee disclosure form.(U.S. Labor Dept.) | Law | |
| DOL finds voluntary severance program is an ERISA pension plan.(U.S. Labor Dept.) | Law | |
| DOL grants past and future exemptive relief allowing US West to pre-fund VEBAs with employer securities up to 25% of plan's assets.(U.S. Labor Dept.; voluntary employees' beneficiary associations) | Law | |
| D & O liability insurers lose argument that self-insured multiemployer health plan is an ERISA plan but win remand of case to district court to determine whether each individual employer's participation in the trust constitutes an ERISA plan.(directors' and officers' liability insurance) | Law | |
| DOL issues Interpretive Bulletin 99-1 to clarify when payroll deduction IRAs avoid ERISA coverage.(U.S. Labor Dept.) | Law | |
| DOL proposes rules withdrawing SPD filing requirement and implementing new plan document production requirements and related civil penalties.(U.S. Labor Dept.) | Law | |
| Eleventh Circuit holds that SARs are not securities for Rule 10b-5 insider trading.(U.S. 11th Circuit Court of Appeals; stock appreciation rights; Securities Exchange Act) | Law | |
| Eleventh Circuit invalidates FMLA designation regulation.(U.S. 11th Circuit Court of Appeals; Family and Medical Leave Act of 1993; U.S. Labor Dept. regulations) | Law | |
| Employee leasing rules present problems.(taxation) | Law | Allen Buckley |
| Employer not liable for ERISA s. 502(c)(1) penalties for failing to provide notification of COBRA qualification event.(Consolidated Omnibus Budget Reconciliation Act of 1985) | Law | |
| Employers operating in Canada may be required to provide pension and other benefits to same-sex domestic partners; U.S. court upholds challenge to phone company's same-sex domestic partner benefits. | Law | |
| Employer's reimbursement of disability premiums does not create an ERISA plan. | Law | |
| ERISA preempts state unclaimed property law.(U.S. 7th Circuit Court of Appeals' 1999 decision in Edison Co. v. Vega) | Law | |
| Extending U.S. equity-based compensation plans to foreign subsidiaries: U.S. and foreign tax issues. | Law | |
| Extracts from testimony at DOL hearings held February 17, 18 and 19, 1999, on DOL proposed claims procedure regulations.(U.S. Labor Dept.) | Law | |
| FASB releases exposure draft of new accounting rules for compensatory stock awards.(Financial Accounting Standards Board) | Law | |
| Fiduciaries liable for prohibited transaction excise taxes regardless of civil suit settlement.(pension plan fiduciaries) | Law | |
| Fifth Circuit finds investment manager satisfied ERISA's prudence rule in derivatives investment notwithstanding loss.(U.S. 5th Circuit Court of Appeals) | Law | |
| Fourth Circuit requires payment of group-term life insurance benefits where written conversion notice not provided in accordance with policy terms.(U.S. 4th Circuit Court of Appeals) | Law | |
| How to fix a broken plan: VCR, CAP or bended knee.(employee benefit plans; IRS Voluntary Compliance Resolution Program, IRS Closing Agreement Program) | Law | T. David Cowart |
| Insurance company demutualization awards and welfare benefit plans. | Law | Alden J. Bianchi |
| Insurer not required to disclose internal guidelines for determining if mental health benefits are medically necessary, but court rules denial of benefits was reasonable. | Law | |
| Internal procedures for Walk-In CAP compliance program published by IRS.(IRS Walk-In Closing Agreement Program) | Law | |
| IRS acquiesces in Ninth Circuit's Boyd Gaming decision regarding employer-provided meals in the casino industry, withdraws training materials and terminates settlement initiative for the hospitality industry.(U.S. 9th Circuit Court of Appeals) | Law | |
| IRS and Treasury release 1999 priorities list. | Law | |
| IRS announces new position on FICA tax for employer stock acquired under s. 423 employee stock purchase plans.(IRS section 423) | Law | |
| IRS approves 100% deduction of health insurance costs for self-employed business owners if the owner's spouse is employed by the business. | Law | |
| IRS approves hybrid s. 457 eligible/ineligible deferred compensation plan.(IRC section 457) | Law | |
| IRS brings corrections for s. 403(b) plan qualification failures into the comprehensive coordinated Employee Plans Compliance Resolution System (EPCRS).(IRC section 403(b), IRS's EPCRS) | Law | |
| IRS clarifes proposed regulations on accepting rollovers and finalizes ERISA s. 204(h) regulations. | Law | |
| IRS expands scope of meaning of "change in control" under golden parachute rules.(employee benefits) | Law | |
| IRS finalizes regulations on notice, consent and election requirements for qualified plan distributions and issues guidance on cash-out rules. | Law | |
| IRS issues comprehensive proposed and final COBRA regulations.(Consolidated Omnibus Budget Reconciliation Act of 1985) | Law | |
| IRS issues final regulations concerning the grandfathering of qualified long-term care contracts and consumer protection issues. | Law | |
| IRS issues final regulations on distributions of employer securities under S corporation ESOPs and plan amendment deadlines for adopting changes.(employee stock ownership plans) | Law | |
| IRS issues proposed regulations concerning plan administration with new technologies.(employee benefit plans) | Law | |
| IRS publishes coordinated issue paper on retroactive adoption of self-insured accident and health plans. | Law | |
| IRS releases final 403(b) audit guidelines.(IRC s. 403(b)) | Law | |
| IRS rules favorably on s.401(k) "wrap-around" plan. | Law | |
| IRS rules that deemed elections to contribute ESOP dividend distributions to a s. 401(k) plan qualify as a cash or deferred arrangement.(employee stock ownership plans) | Law | |
| IRS rules that "paid up" life insurance benefits may be provided through a VEBA.(voluntary employees' beneficiary association) | Law | |
| IRS rules that tax must be paid on IRA distribution. | Law | |
| IRS rules that unused sick leave for collectively bargained employees contributed to VEBA can be used to provide VEBA benefit reimbursing participants for retiree health insurance premiums.(voluntary employees' beneficiary association) | Law | |
| Labor Department weighs in on ERISA coverage of owner-employees. | Law | |
| New Department of Labor guidance on claims procedures and summary plan descriptions.(ERISA plans) | Law | Diane J. Fuchs |
| Ninth Circuit rejects constitutional challenge to statute criminalizing false statements on ERISA reports.(U.S. 9th Circuit Court of Appeals) | Law | |
| One good deed may go unpunished: do plan sponsors really increase fiduciary risk by offering third-party investment advice to participants? | Law | Linda K. Shore |
| Participant may pursue a federal action under ERISA to obtain interest on retroactive disability benefits. | Law | |
| Payment of plan expenses by plan sponsor does not constitute contributions. | Law | |
| PBGC may be sued for breach of fiduciary duty while acting as trustee for financially troubled pension plans.(Pension Benefit Guaranty Corp.) | Law | |
| PBGC proposes amendments to encourage self-correction of underpayments.(Pension Benefit Guaranty Corp.) | Law | |
| PBGC wins $120 million from company whose principal purpose for seling subsidiaries was evading underfunded pension liability.(Pension Benefit Guaranty Corp.) | Law | |
| Pension plan inelibible for CAP program after IRS proposes adverse determination letter.(IRS Closing Agreement Program) | Law | |
| Plan administrator abused discretion by failing to qualify a DRO intended to correct calculations in his spouses's QDRO.(qualified domestic relations order) | Law | |
| Plan administrator abused discretion in denying benefits based upon erroneous finding.(employee benefits) | Law | |
| Plan administrator held not liable for delay in distribution of s. 401(k) account. | Law | |
| Plan administrator not required to investigate state court's application of state law in issuing domestic relations order.(employee benefit plans) | Law | |
| Plan distribution made in part of employer securities and cash to an individual and to an IRA is a lump sum distribution. | Law | |
| Plan sponsor permitted to amend ESOP to determine annual additions based upon fair market value of employer stock.(employee stock ownership plan) | Law | |
| Predecessor employer entitled to deduction upon former employee's exercise of stock options and/or SARs.(stock appreciation rights) | Law | |
| Qualified plan issues pervading 401(k) plan mergers. | Law | Russell G. Gully |
| Reps. Portman and Cardin introduce pension reform legislation.(Representatives Rob Portman, Benjamin Cardin) | Law | |
| Revenue procedure formalizes model correction methods for Employee Plans Compliance Resolution System, excluding the TVC program. | Law | |
| Sale of wholly-owned subsidiary is not a change in ownership or control triggering the golden parachute rules even where parent corporation is sold within same calendar year.(taxation of employee compensation linked to business of employer ownership change) | Law | |
| Section 3121(v) FICA/FUTA deferred compensation regulations finalized.(IRS regulations concerning Social Security taxation of deferred compensation) | Law | |
| Service provides procedures for automatic change in accounting method to comply with Code s. 404(a)(11).(IRS; IRC section 404(a)(11)) | Law | |
| Service provides transition relief and guidance for eligible rollover distributions.(IRS) | Law | |
| Seventh Circuit holds that "parties in interest" are not liable to plans for participatiing in prohibited transactions.(U.S. 7th Circuit Court of Appeals; ERISA rules) | Law | |
| Sixth Circuit adopts non-statutory affirmative disclosure obligation for ERISA fiduciaries.(U.S. 6th Circuit Court of Appeals) | Law | |
| Sixth Circuit allows class action against group health plans administered or insured by Nationwide to proceed.(Nationwide Mutual Insurance Co.) | Law | |
| Sixth Circuit holds that limited-term trust intended to fund shutdown benefit program did not create an ERISA plan.(U.S. 6th Circuit Court of Appeals) | Law | |
| Supreme Court unanimously decides employer may amend overfunded, contributory defined benefit plan despite employees' class action arguing the amendment was improper.(U.S. Supreme Court) | Law | |
| Supreme Court upholds application of California notice-prejudice law to insured ERISA benefit claims.(U.S. Supreme Court) | Law | |
| Tax Court finds no business justification for broad-based leveraged COLI program.(corporate-owned life insurance) | Law | |
| Taxpayer Refund & Relief Act of 1999 contains pension provisions. | Law | |
| Tenth Circuit finds leasing employer liable for violations of FMLA and Title VII. (Family and Medical Leave Act of 1993, Civil Rights Act of 1964) | Law | |
| To test or not to test: IRS issues s. 401(k) safe harbor guidance. | Law | Ted Rhodes, Ellen Kohn, Anne Waidmann |
| Understanding the effects of the Microsoft decision and dealing with its implications.(worker classification; employee benefits) | Law | Harvey M. Katz |
| VEBA's distribution of funds to participating employers to pay future insurance premiums does not constitute reversion.(voluntary employees' beneficiary association) | Law | |
This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.
