Controlled Group and Affiliated Services Group Rules for Retirement Plans

ERISA and IRS Provisions, Types of Controlled and Affiliated Groups, Attribution Rules, Compliance, Limiting Claims, Liability

Note: CPE credit is not offered on this program

Recording of a 90-minute premium CLE video webinar with Q&A

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Conducted on Wednesday, February 23, 2022

Recorded event now available

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Course Materials

This CLE webinar will provide benefits counsel, advisers, and plan administrators guidance on the requirements and limitations of the controlled group and affiliated group rules under ERISA and the Internal Revenue Code (IRC). The panel will provide an analysis of key provisions under ERISA and the IRC and their application to controlled and affiliated groups, compliance challenges and issues for qualified plans, and methods to limit claims and reduce the risk of liability.

Description

The IRC contains controlled group rules and affiliated service group rules to determine if two or more employers must be grouped and treated as a single employer for purposes of compliance with employee benefits laws. In addition, ERISA provides another layer of regulations and requirements to consider. Employee benefits counsel must carefully analyze these rules under ERISA and the IRC and effectively implement strategies to minimize liability exposure.

The primary focus of the controlled group and affiliated service group rules is to prevent employers and highly compensated employees from abusing the tax benefits of retirement plans. Determining whether two or more companies must be treated as a single employer under the controlled group or affiliated service group rules involves a complex analysis of ownership interests and other critical items under ERISA and the IRC.

In addition, these rules apply to many employee benefits laws, such as nondiscrimination rules, compensation limitations, COBRA compliance, healthcare reform laws, and other regulations, significantly impacting companies characterized as a controlled or affiliated service groups.

Listen as our panel discusses key provisions under ERISA and the IRC and their application to controlled and affiliated groups, compliance challenges, and methods to limit claims and reduce liability risks.

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Outline

  1. Controlled group rules and challenges
  2. Affiliated service group rules and critical issues
  3. Designing plans to accommodate the existence of an affiliated service or control group
  4. Best practices to mitigate risks and liability

Benefits

The panel will discuss these and other key issues:

  • Types of controlled group and affiliated service groups
  • Determining what constitutes a "controlled group" and "affiliated service group" under ERISA and IRC
  • Ownership based controlled group and affiliated service group rules
  • Application of controlled group and affiliated service group rules to employee benefit plans
  • The impact of controlled group and affiliated service group rules on other IRC and ERISA rules
  • Designing plans to accommodate the existence of an affiliated service or control group

Faculty

French, Taylor
Taylor Wedge French

Partner
McGuireWoods

Mr. French's employee benefits practice covers a wide-range of traditional executive compensation and employee...  |  Read More

Wynne, Robert
Robert B. Wynne

Attorney
McGuireWoods

Mr. Wynne practices in the firm's tax and employee benefits department, where he advises public and private...  |  Read More

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