Avoiding Nonqualified Plan Traps: Key Considerations for ERISA Counsel and Employers
Correcting 409A and 457(f) Errors, Proposed Income Inclusion Regulations, Group Carve-Out Plans
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will guide benefits counsel and employers on critical challenges in designing and implementing nonqualified plans. The panel will discuss the application of Section 409A rules and correcting Section 457(f) errors, the implications of the "income inclusion" regulations, and issues stemming from group carveout plans, as well as offer methods to ensure the development of an effective strategy for key employees.
Outline
- Pros and cons of nonqualified plans
- Legal and regulatory framework
- Administrative challenges
- Section 409A and correcting Section 457(f) errors
- Group carveout plans
- Best practices for effective nonqualified plan design and implementation
Benefits
The panel will review these critical issues and more:
- What are the legal and administrative challenges of nonqualified plans?
- What are the potential pitfalls of Section 409A?
- What are the available methods for correcting Section 457(f) errors?
- What are group carveout plans and how can they be used as incentives for key employees?
Faculty
Mark Poerio
Senior Counsel
The Wagner Law Group
For over 35 years, Mr. Poerio has been in private practice with a focus on executive compensation, employee... | Read More
For over 35 years, Mr. Poerio has been in private practice with a focus on executive compensation, employee benefits (especially ESOPs), and retirement plan fiduciary matters, not only from a tax and labor perspective, but also from a business, governance, tax, securities, and litigation perspective. He is not only a long-term fellow in the prestigious American College of Employee Benefits Counsel, but served for years as its Treasurer, Vice-President, and then President. Mr. Poerio is Chambers-rated, and has worked regularly with the American Benefits Council (where he was an executive board member for many years).
CloseRuth M. Wimer
Partner
Winston & Strawn
Ms. Wimer is an attorney and a CPA with nearly 30 years of experience previously serving as a senior partner in the... | Read More
Ms. Wimer is an attorney and a CPA with nearly 30 years of experience previously serving as a senior partner in the national tax department of a Big Four accounting firm. She has extensive experience advising clients on complex compensation tax issues, including reporting and withholding and also advises on large deduction timing issues in connection with mergers and acquisitions. Ms. Wilmer’s practice includes structuring optimum ownership of private aircraft and business jets, factoring in deduction and income inclusion for personal use, excise tax, depreciation, SEC, Standard Industry Fare Level, and FAA issues. She frequently resolves a gamut of compensation issues such as employment taxes, stock options, Section 162(m), Section 83, deduction limitations, the entertainment disallowance, and a wide variety of fringe benefits, including health insurance.
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