Benefits Law Journal articles from March 2005

Benefits Law Journal archives from March 2005

Take the money and run.(deferred compensation)
March 22, 2005... As companies scramble to bring their deferred compensation programs and elections into compliance with the 2004 American Jobs Creation Act (2004 Jobs Act), one overriding question is frequently being overlooked: does executive deferral still...

Cash balance plans and age discrimination: the statute speaks and (most) courts listen.
March 22, 2005... Critics of cash balance plans argue that these plans illegally discriminate on the basis of age as interpreted through the statute. In response, we make a purely statutory case in support of cash balance plans. We first show that critics have...

Reining in health care costs with wellness programs: frequently overlooked legal issues.
March 22, 2005... With health care costs spiraling out of control across the nation, employers are desperately seeking viable solutions to stop the tailspin. Bolstered by a growing body of convincing empirical data, wellness programs are now raising eyebrows...

A third form of ERISA preemption: Aetna Health Inc. v. Davila.
March 22, 2005... The recent decision of the Supreme Court in Aetna Health Inc. v. Davila, (1) expands the preemptive effects of the Employee Retirement Income Security Act of 1974, as amended (ERISA). (2) It held that a Texas statute was preempted by ERISA...

IRC Section 409A: does your nonqualified deferred compensation plan require urgent care?
March 22, 2005... In the wake of Enron and similar situations, Congress became concerned with the ability of corporate executives to preserve significant nonqualified deferred compensation through the use of early withdrawals and other techniques while...

DOL finalizes regulations on automatic rollover provisions.(Department of Labor)
March 22, 2005... The Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) requires qualified pension plans to automatically rollover certain involuntary distributions, unless a participant affirmatively elects to receive the distribution in cash...

Jobs Act of 2004: implications and questions regarding nonqualified deferred compensation plans.
March 22, 2005... On October 22, 2004, President George W. Bush signed the American Jobs Creation Act of 2004 (2004 Jobs Act) (H.R. 4520) into law. The Act adds Section 409A ("Inclusion in Gross Income of Deferred Compensation Under Nonqualified Deferred...

Reimportation: panacea or prescription for disaster?
March 22, 2005... Demographics, economics, and soaring health care costs have combined to create a "Perfect Storm" for state and local governments. "Staring down the barrel of a $37 million deficit, Rhode Island's secretary of state is urging the state to...