Employee Benefits and Executive Compensation

This course provides a comprehensive overview of the Employee Retirement Income Security Act of 1974 and its subsequent amendments (including the Affordable Care Act). Special attention is paid to the creation and maintenance of both pension and welfare plans and to plan operation, funding, amendments, accrual and vesting. For pensions, the focus is on qualified plans and the special problems presented by highly compensated employees, IRS "anti-discrimination" rules and by bankruptcy and divorce. The course also covers the regulation of self insured and traditionally insured health care plans as well as long and short term disability, severance and plan termination. The semester ends with an introduction to the responsibilities of plan fiduciaries, ERISA preemption, and section 502(a) claims and remedies.