Severance Plans and ERISA Compliance: Limiting Liability in Design and Implementation of Severance Arrangements
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will guide employee benefits counsel and advisers on practical methods and best practices in structuring severance plans in compliance with ERISA. The panel will discuss what makes a severance plan subject to ERISA, requirements to avoid penalties, Section 409A considerations, and the benefits of having an ERISA severance plan.
Outline
- Application of ERISA to severance plans and ramifications of noncompliance
- Advantages of establishing severance plans in accord with ERISA requirements
- Section 409A implications for severance benefits
- Best practices for drafting severance plan documentation to limit or avoid litigation
Benefits
The panel will review these and other critical issues:
- Determining whether a severance plan is subject to ERISA
- What requirements must a severance arrangement satisfy if it is considered a “plan” under ERISA?
- What are the advantages of designing an ERISA compliant severance plan?
- How does Section 409A apply to severance benefits?
- Best practices for drafting plan documentation to limit potential liability
Faculty
Kenneth J. Laverriere
Partner
Shearman & Sterling
Mr. Laverriere advises fiduciaries on the investment of the assets of pension plans and the design and... | Read More
Mr. Laverriere advises fiduciaries on the investment of the assets of pension plans and the design and administration of tax-qualified and nonqualified plans and the application of ERISA’s plan asset rules to plan investments. His practice includes the structuring and analysis of a broad range of compensation arrangements, including equity and non-equity based incentive programs, deferred compensation plans, investment partnerships, carried interest plans, and financial adviser compensation programs. He advises clients on compensation and benefit issues in merger and acquisition transactions and represents individuals and corporations in the negotiation of employment, termination and change in control arrangements.
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Cydni Waldner
Of Counsel
Hawley Troxell
Ms. Waldner is a member of the firm’s employee benefits practice group. She assists small to large corporations... | Read More
Ms. Waldner is a member of the firm’s employee benefits practice group. She assists small to large corporations and companies with the nuances specific to ERISA laws and regulations, executive compensation, and employee benefits. Cydni’s active practice allows her to remain at the forefront of ERISA law developments. Her early career as corporate counsel responsible for legal compliance in the employee benefits areas enables her to understand thoroughly the needs of her clients.
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