Andy Daly

Sep 25, 2023 | jdsupra.com | Adam Cantor |Sarah Church |Andy Daly

This week we move away from the world of the standard retirement or health and welfare plans and into the world of executive compensation.  Executive compensation arrangements provide a company with a highly flexible benefit to further attract and retain top talent.  Issues in design and administration of these plans include timing of taxation and whether the plans may be subject to ERISA filing requirements.

Sep 22, 2023 | jdsupra.com | Adam Cantor |Sarah Church |Andy Daly

In the past two weeks, we have presented a few items that plan sponsors can review in hopes of curbing common employee benefits and executive compensation errors.  This week in our Employee Retirement Income Security Act of 1974 (“ERISA”) series, we touch on a small sample of common health and welfare flukes which may lead to surprising consequences.

Sep 22, 2023 | jdsupra.com | Adam Cantor |Sarah Church |Andy Daly

For better or for worse, the 401(k) plan has moved to center stage in the context of American retirement policy. Fittingly, Part 2 of this Employee Retirement Income Securities Act of 1974 (“ERISA”) driven series focuses on a handful of common misses that occur with 401(k) plans.  Not Knowing the Terms of the Plan Document - Definition of CompensationLast week, we touched on the importance of a plan operating in accordance with its terms.

Sep 20, 2023 | jdsupra.com | Adam Cantor |Sarah Church |Andy Daly

The Employee Retirement Income Security Act of 1974 (“ERISA”) has a reputation for being intimidating and understandably so.  Although plan sponsors must practically consider business needs and evaluate benefits alongside general labor and employment considerations, ERISA’s fiduciary standards may seem more stringent than what general corporate decisionmakers find reasonable and ERISA has become so expansive that it has become its own universe alongside labor and employment considerations.