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Learning Is Fundamental! Knowing the Breadth of EBEC Responsibilities

August 11, 2021 (2 min read)

Much of the Employee Benefits and Executive Compensation (EBEC) practitioner’s responsibilities can fall to the “EB” side of EBEC, usually with a focus on the Employee Retirement Income Security Act (ERISA), as amended by different legislation like HIPAA, COBRA, the Affordable Care Act, and many revenue laws passed since the enactment of ERISA in 1974. Understanding fiduciary compliance and the ins and outs of prohibited transactions can be at issue, as can compliance with the sections of the Internal Revenue Code dealing with benefits, compensation, and knowledge of IRS and DOL fix-it programs for noncompliance. But many practitioners also focus on the “EC” side of EBEC, with concerns including deferred and equity compensation, employment and severance agreements, and sometimes executive compensation disclosures for public companies. This resource kit assembles the primary Practical Guidance EBEC resources a practitioner needs to wade through this expansive practice area.



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    Discover more about these often-negotiated documents and the tax rules that should be considered in their execution. Issues often arise during the negotiation, drafting, and review of executive employment agreements, focusing on terms, provisions, and contractual language that implicate economically significant matters.
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    Check out this resource kit providing EBEC practitioners guidance on nonqualified deferred compensation rules under Section 409A of the Internal Revenue Code. Failure to comply with Section 409A is costly because noncompliant deferred amounts will be treated as having been paid to the executive (or other service provider) notwithstanding the intended deferral and will be subject to income tax—and a 20% penalty tax—in the year of the compliance failure.
  • Qualified Retirement Plan Notices Resource Kit
    Learn more about plan fiduciary requirements in satisfying various ERISA and Internal Revenue Code notice and disclosure requirements. Reporting and disclosure may require notification not only to participants and eligible employees, but also to their beneficiaries, QDRO alternate payees, and, of course, the IRS, DOL, and sometimes the PBGC.


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