Topics Covered

Here’s some of what was covered (note that familiarity with the basic rules is be assumed by our speakers):

• Identifying ERISA plans. What are some of the trickiest issues in identifying ERISA and non-ERISA benefits (including short-term disability, severance, and voluntary plans)? Why and when might you actually want ERISA to apply?
• Participant communications. Tips on drafting clearer and more effective SPDs, SMMs, and enrollment materials, and how to avoid distribution pitfalls with both paper and electronic communications.
• Crafting eligibility, benefits, and other important plan provisions. How to improve the clarity of selected plan provisions (eligibility classes such as dependents and domestic partners; tax eligibility rules; benefit exclusions; and more).
• Plan asset and trust issues. Many plans take employee contributions but don’t hold them in trust. What conditions apply for the trust exception? How should you handle employee contributions, even when a trust is not required, and when might a trust be a good idea?
• ERISA preemption (it’s not just for lawyers). What common state laws can create compliance problems for ERISA welfare plans (including state continuation coverage, payroll deduction, and insurance laws)?

Please note: Pension and retirement plan compliance issues will not be covered.