Final 403(b) Regulations: Countdown to 12/31/09 Compliance
Preparing Retirement Plan Sponsors for New Testing, Documentation and Audit Requirements
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Wednesday, September 23, 2009
Recorded event now available
This seminar will review the key requirements of the final 403(b) regulations, the impact of the new DOL transition relief on upcoming documentation and audit requirements, and steps plan sponsors must take to ensure compliance with 403(b).
Description
The 403(b) final regulations, effective Jan. 1, 2009, impose sweeping new requirements on sponsors of tax-sheltered employee retirement plans. These plans are typically maintained by non-profit organizations, including hospitals, universities, foundations and charities.
Significantly, retirement plan sponsors must adopt written plan documents that satisfy the requirements of 403(b) and contain all material terms regarding conditions of eligibility and benefits under the plan. Developing this comprehensive document will require extensive planning by legal counsel.
Newly issued Department of Labor (DOL) guidance and transition relief may assist sponsors with meeting their reporting obligations. Sponsors of 403(b) plans must immediately review the guidance with their counsel as they prepare to file Form 5500 for the 2009 plan year.
Listen as our panel of employee benefits attorneys explains the key requirements of 403(b), the impact of the new DOL transition relief on upcoming documentation and audit requirements, and steps plan sponsors should take now to ensure compliance with the new regulations.
Outline
- Key requirements of 403(b) regulations
- Create a written plan document by Dec. 31, 2009
- Maximum contributions
- Hardship distributions
- Elective deferral transfers
- Universal Availability
- Withdrawals
- Contract exchanges
- Audit requirements
- New Department of Labor Form 5500 transition relief and guidance—benefits and limitations
- Compliance strategies
- Review plan eligibility requirements to ensure compliance with Universal Availability rule
- Review/change written plan documents
- Review agreements with vendors to determine whether new information-sharing agreements are needed
- Determine whether the plan must undergo an audit and begin preparing
- Fiduciary liability issues
Benefits
The panel will review these and other key questions:
- What key changes do the final 403(b) regulations make to the administration of plans?
- How does the new DOL transition relief make the Form 5500 filing and audit report processes less burdensome for 403(b) plan sponsors?
- What are some best practices plan sponsors should implement immediately to avoid ERISA compliance pitfalls when administering 403(b) plans?
Faculty
Jonathan J. Boyles,
Partner
McDermott Will & Emery, New York
He is a member of the Employee Benefits Department. He was previously the chief in-house counsel to a multibillion-dollar national multi-employer pension plan. He has advised clients on a wide array of employee benefit issues, including ERISA’s fiduciary obligations, plan design issues, and reporting and disclosure requirements.
Louis F. Librandi,
Principal, Employee Benefit Services Group
O'Connor Davies Munns & Dobbins, New York
He was previously Director of the Compensation and Benefits Advisory Services Practice at a law firm and was responsible for preparing the Form 5500 and other employee benefit reporting for clients. He was also a member of the Employee Benefits Department, helping clients meet the reporting and disclosure requirements of ERISA and consulting with sponsors of 403(b) plans on the 403(b) regulations.
Philip J. Castrogiovanni,
Partner
McDermott Will & Emery, Chicago
He is a member of the Health Law Department and advises clients on matters pertaining to executive compensation, employee benefits and corporate governance. He provides retirement plan design and drafting guidance and assistance and assists with required and corrective filings with the Internal Revenue Service and the Department of Labor.
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