Bankruptcy and Employee Benefit Plans: Harmonizing Conflicting Requirements That Cannot All Be Implemented
Navigating Withdrawal and Termination, Calculating Claims, Fiduciary Duties, Health and Welfare Plans, Abandoned Plan Program
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will offer guidance on several key areas where employee benefits law, namely the Employee Retirement Income Security Act of 1974 (ERISA), and bankruptcy law intersect. The program will discuss pension plan termination and withdrawal liability and claims, fiduciary duties in plan administration and termination, and how an individual debtor can shield retirement income from creditor claims. The panel will also consider the Department of Labor's revised Abandoned Plan Program and what happens to health and welfare plans for existing and retired employees and certain types of unusual plans and compensation programs.
Outline
- Defined benefit pension plans
- Single employer plans
- Multiemployer plans
- Termination issues and liability
- Health and welfare plans
- Special considerations in Section 363 sales
- Fiduciary duties in the administration and termination of pension and welfare plans
- Issues for individual debtors
- Recent cases
Benefits
The panel will review these and other key issues:
- Are contingent withdrawal liability claims "claims" under the Bankruptcy Code?
- For purposes of determining a PBGC or withdrawal liability claim, must the ERISA valuation regs be followed?
- Does it matter if pension contributions are required by statute?
Faculty
Dannae Delano
Partner
The Wagner Law Group
Ms. Delano concentrates her practice in employee benefits law, executive compensation and taxation. She counsels... | Read More
Ms. Delano concentrates her practice in employee benefits law, executive compensation and taxation. She counsels clients on all aspects of employee benefits design, implementation, termination, and compliance for retirement plans, health and welfare plans, and executive and incentive compensation arrangements. In the process, Ms. Delano focuses on comprehensive, practical and innovative employee benefits solutions for all types of employers
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Israel Goldowitz
Partner
The Wagner Law Group
Mr. Goldowitz has more than 35 years of experience in employee benefits, most notably with mergers and acquisitions,... | Read More
Mr. Goldowitz has more than 35 years of experience in employee benefits, most notably with mergers and acquisitions, restructuring, and bankruptcy as they affect pension plans. As the Chief Counsel for the Pension Benefit Guaranty Corporation (PBGC), he led the legal teams that helped save the pensions of such companies as Chrysler and American Airlines. Working closely with financial analysts, actuaries and outside advisors, Mr. Goldowitz also led the legal teams that negotiated pension protections with such companies as Sears and Gannett, lending to his unique experience in the mitigation of risks to pensions resulting from corporate transactions, including mergers, acquisitions, secured borrowing and downsizing.
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