Employee Benefits Institute of America

“The materials are, bar none, the best of what I’ve received at these types of seminars.”

“The presentation is very well organized, delivery is systematic, examples are enlightening.”

Morning Agenda

8:00 a.m.

Registration/Coffee/Danish

8:30 a.m.

• Is Your 401(k) Plan “Qualified”? In form? In operation? What is a related employer? What are coverage and nondiscrimination?
• Eligibility Issues. Who must be included and who can be excluded? Guidance on part-time, temporary, and seasonal employees.
• Vesting Issues. Vesting and forfeiture rules. Events that need special attention: partial terminations and rehired employees.

10:15 a.m.

• Coffee Break

10:30 a.m.

• Contributions. Choosing among deferral options: elective, automatic, pre-tax, catch-up, and Roth. What is an eligible automatic contribution arrangement (EACA)?
• Limits on Contributions. What are the Code’s limits on contributions? What post-severance rules apply to compensation?
• Distributions. When is a participant entitled to a distribution? Required mandatory distributions, including a waiver for 2009. Eliminating undesirable plan features.
• Taxation of Distributions. Withholding and rollover notice requirements.

12:00 Noon

• Morning program ends (lunch on your own)

Afternoon Agenda

1:00 p.m.

• ADP and ACP Tests and Safe Harbors. Choosing between testing and safe harbors. What are the differences between the existing safe harbor and the qualified automatic contribution arrangement (QACA)? What are the notice rules?
• QDROs. What procedures should be in place? Handling modified orders and competing claims.
• Plan Loans. When is a loan in default or a deemed distribution? How to handle loan repayments during military and other leaves. Correcting loan errors.
• Special Contributions and Distributions. USERRA and other military-related contribution and distribution rules. Safe harbor hardship distributions.

2:45 p.m.

• Coffee Break

3:00 p.m.

• ERISA Fiduciary Duties. Who is an ERISA fiduciary, what is procedural prudence, and what are the new fee disclosure rules? Correcting mistakes under the VFC Program.
• Plan Investments. ERISA § 404(c) protection. What are the rules for participant investment advice, qualified default investment alternatives (QDIAs), blackout periods, and quarterly benefit statements?
• IRS Compliance Rules and Tools. EGTRRA determination letters and PPA compliance requirements. Self-correcting versus seeking IRS approval when mistakes happen.
• Reporting and Disclosure Requirements. When will electronic Form 5500 filing be required? Rules for electronic notices and disclosures.

4:30 p.m.

• 401(k) Plans program ends