Podcasts about section 409a

In this episode of “Just Compensation,” Megan Monson, Taryn E. Cannataro, and Jessica Kriegsfeld of Lowenstein's Executive Compensation and Employee Benefits group discuss some considerations for a company preparing for an M&A transaction with respect to employees, employee benefits and compensation. The conversation delves into the importance of being prepared for diligence, the curation of a proper knowledge group, and the implementation of various retention tools. Episode Resource: Deferred Compensation: A Primer on Section 409A of the Code and Why it Matters  Speakers: Megan Monson, Partner, Executive Compensation and Employee Benefits Taryn E. Cannataro, Counsel, Executive Compensation and Employee Benefits Jessica Kriegsfeld, Associate, Executive Compensation and Employee Benefits

This episode of “Just Compensation” features Andrew E. Graw, Megan Monson, and Jessica I. Kriegsfeld of Lowenstein Sandler's Executive Compensation and Employee Benefits group discuss when severance plans will be subject to ERISA, and the requirements associated with complying with ERISA. They also address other deferred compensation considerations for severance plans such as compliance with Section 409A, noting that while having a severance plan subject to ERISA can impose additional responsibilities for employers, it can also have advantages. Episode Resources: Puttin' on Your Top Hat: How to Effectively Structure a Deferred Compensation Plan as a “Top Hat” Plan | Lowenstein Sandler LLP Deferred Compensation: A Primer on Section 409A of the Code and Why it Matters | Lowenstein Sandler LLP The Impact of 457A on Deferred Compensation from non-US Entities | Lowenstein Sandler LLP  Code Section 409A - Six Month Delay | Lowenstein Sandler LLP Speakers: Andrew E. Graw, Partner and Chair, Executive Compensation and Employee Benefits Megan Monson, Partner, Executive Compensation and Employee Benefits Jessica Kriegsfeld, Associate, Executive Compensation and Employee Benefits

  On this episode of Just Compensation, Jessica Kriegsfeld  speaks with Darren Goodman and Taryn E. Cannataro about stock options and Section 409A of the tax code, a complicated set of rules regulating the taxation of non-qualified deferred compensation, such as equity awards. The lawyers discuss how to structure stock options to avoid a penalty tax under Section 409A, including the importance of determining the exercise price of stock options correctly. Speakers: Darren Goodman, Vice Chair, Executive Compensation and Employee Benefits Taryn E. Cannataro, Counsel, Executive Compensation and Employee Benefits Jessica Kriegsfeld, Associate, Executive Compensation and Employee Benefits

“Top hat plans” —non-qualified deferred compensation plans that can be exempt from most of the requirements of Employee Retirement Income Security Act of 1974 or ERISA—can be a useful tool for employers looking to provide deferred compensation benefits to certain key employees. However, care must be taken to ensure compliance with the relevant requirements of ERISA and Section 409A of the Internal Revenue Code. Darren Goodman, Megan Monson, and  Jessica I. Kriegsfeld of Lowenstein's Executive Compensation and Employee Benefits Group discuss how to structure such plans to make them compliant. Speakers: Darren Goodman, Vice Chair, Executive Compensation and Employee BenefitsMegan Monson, Partner, Executive Compensation and Employee BenefitsJessica Kriegsfeld, Associate, Executive Compensation and Employee Benefits

On this episode of “Just Compensation,” the hosts provide an introduction into Section 409A, the complicated tax code provision that governs non-qualified deferred compensation: when does it apply, how do you comply with it, what are the exceptions, and what are the implications of noncompliance?  Speakers: Darren Goodman, Vice Chair, Executive Compensation and Employee BenefitsMegan Monson, Partner, Employee Benefits & Executive CompensationJessica Kriegsfeld, Associate, Executive Compensation and Employee Benefit

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In this episode, Megan Monson, Christine Osvald-Mruz and Chandra Shih focus on the benefits of obtaining a Section 409A valuation for grants of stock options, practical tips relating to 409A valuations and option grants, and the ramifications for failing to grant options at fair market value with colleague. Speakers: Megan Monson, Counsel, Employee Benefits & Executive Compensation Christine Osvald-Mruz, Partner, Employee Benefits & Executive Compensation Chandra Shih, Partner, The Tech Group

In this episode of 'Just Compensation,' hosts Andrew Graw and Megan Monson focus on a subject that often arises and befuddles clients - the application of the 6-month delay rule under Section 409A of the Internal Revenue Code. Speakers: Andrew Graw, Partner and Chair, Employee Benefits & Executive Compensation Megan Monson, Counsel, Employee Benefits & Executive Compensation

Given the current economic outlook due to the COVID-19 pandemic, companies will be concerned with maintaining cash flow and cutting costs wherever possible. Our panel of experts from France, Germany, the UK and the US will discuss whether it would be possible, and advisable, to replace a portion of an employee's salary with equity grants, and the related employment, securities and tax law considerations for doing so. Speakers: Partner, Nicholas Greenacre is EMEA Head of Employment, Compensation & Benefits at the global law firm, White & Case LLP. He has extensive experience in a broad range of employment, compensation and benefits matters for clients of all sizes, from technology start-ups to global investment banks. He advises clients from various jurisdictions on the establishment and international implementation of equity and cash-based incentive plans. This work involves investigation and analysis of the tax, securities, foreign exchange, employment, data privacy and e-commerce issues clients may encounter in each country where they operate their plans. Nicholas is a former Director of the Global Equity Organisation and a member of NASPP's Global Stock Plans Task Force. He is also a member of the Share Plan Lawyers Group and an associate member of the Association of Pensions Lawyers. Chambers UK 2020 notes “Nicholas Greenacre draws praise for the ‘quality and clarity of his advice' as well as his ‘responsiveness and ability to turn things around quickly.'” Nicholas is named as a recognised individual by both Chambers UK2019 in Employee Share Schemes & Incentives and by Legal 500 UK, 2020 in London: Human Resources, Employee Share Schemes and Employment: employers. Victoria Rosamond is a Partner in the New York Employment, Compensation & Benefits Group. Victoria advises public and private company clients on the design and implementation of equity and cash incentive compensation and retention programmes and the negotiation of executive employment, separation and change in control agreements. Victoria also advises clients regarding Section 409A deferred compensation arrangements, Section 280G golden parachute issues, and compensation-related corporate governance and public disclosure requirements. Frank-Karl Heuchemer is Head of the German Employment, Compensation & Benefits practice at White & Case LLP. He advises national and international employers on all aspects of individual and collective employment and labour law. His experience also covers the employment and labour law support of corporate transactions such as mergers and demergers and issues relating to transfers of undertakings. Employers trust Frank-Karl Heuchemer with major restructuring projects and measures related thereto as well as with achieving settlements of conflicted interests and developing social plans when negotiating with works councils. Moreover, he advises companies on optimising existing systems of co-determination. He represents companies' interests in employment-related litigation before German labour and civil courts. Frank-Karl is regularly named as a highly recommended employment lawyer in Germany in Who's Who Legal and Best Lawyers. Partner, Alexandre Jaurett heads the Employment, Compensation & Benefits team at the Paris office of White & Case LLP. He specialises in all aspects of contentious and non-contentious employment and benefits matter. With particular expertise in the cross-border restructurings and employment aspects of both mergers and acquisitions and LBO transactions, he represents a broad list of French and international clients. He advises clients in relation to employment contracts, remuneration schemes, dismissals, secondment and expatriation of employees. On the litigation side, he represents his clients before civil, labour and criminal courts, with a particular focus on collective litigation.

I hope this episode finds you safe and healthy during these crazy times. This episode had a lot of twists and turns to get to you. My guest today, Sherrie Boutwell, ERISA Attorney with Boutwell Fay and I had planned this originally as a conversation about some of the trickier distribution scenarios employers face and what to do about them. As things unfolded, we felt it would be helpful to include some commentary on the new COVID related distribution and loan options. So, we start with COVID related topics and then pivot to some of the trickier distribution options that relate to divorce, death and hardship requests.  Before we get started, with many conferences and other traditional sources of information for people wanting to keep up with retirement plan information postponed or canceled, please share the podcast with your friends, colleagues, within a professional group or with anyone who has an interest in key topics and trends to managing 401(k) plans. You can send them to 401kfridays.com or suggest they search 401(k) Fridays on their favorite podcast app.  That’s it, I hope you enjoy my conversation with Sherrie! Guest Bio Sherrie Boutwell has focused for thirty years in the areas of employee benefits law and ERISA, with an emphasis on retirement and deferred compensation plans. She advises and counsels a broad range of clients, including employers, employees, plan fiduciaries, financial institutions, government agencies and trade associations, on a wide range of employee benefits matters.  Sherrie has extensive experience and is a highly sought after speaker and writer on employee benefits topics. Sherrie has represented clients before the Internal Revenue Service, the United States Department of Labor, the Pension Benefit Guaranty Corporation, arbitrators from the American Arbitration Association and the United States District Court with respect to employee benefits issues.  Sherrie has experience working with the unique deferred compensation issues that arise in the non-profit and governmental employer arena and also has many years of experience in the design and operation of non-qualified executive deferred compensation plans including the requirements under Section 409A of the Code. Sherrie takes pride in bringing a practical and down to earth approach to resolving complex benefits issues involving qualified plans, non-qualified plans and health and welfare plans. 401(k) Fridays Podcast Overview Struggling with a fiduciary issue, looking for strategies to improve employee retirement outcomes or curious about the impact of current events on your retirement plan? We've had conversations with retirement industry leaders to address these and other relevant topics! You can easily explore over 175 prior on-demand audio interviews here. Don't forget to subscribe as we release a new episode each Friday!

Episode Description If you ever wondered how you can strategically and cost effectively partner with an ERISA Attorney to improve and protect your retirement plan, this episode with Sherrie Boutwell, ERISA Attorney and partner at Boutwell Fay, a boutique ERISA law firm should be very helpful to you.  Our discussion covered: Overview of common plan errors in retirement plan documents Points to negotiate in service provider contracts Need to properly delegate fiduciary authority Attorney-client privilege in ERISA plans Value of properly structured fiduciary liability insurance   Options to fix 401(k) plan errors Other helpful thoughts and ideas! Guest Bio Sherrie Boutwell has focused for thirty years in the areas of employee benefits law and ERISA, with an emphasis on retirement and deferred compensation plans. She advises and counsels a broad range of clients, including employers, employees, plan fiduciaries, financial institutions and government agencies and trade associations, on a wide range of employee.   Sherrie has extensive experience and is a highly sought after speaker and writer on employee benefits topics. Sherrie has represented clients before the Internal Revenue Service, the United States Department of Labor, the Pension Benefit Guaranty Corporation, arbitrators from the American Arbitration Association and the United States District Court with respect to employee benefits issues.  Sherrie has experience working with the unique deferred compensation issues that arise in the non-profit and governmental employer arena and also has many years of experience in the design and operation of non-qualified executive deferred compensation plans including the requirements under Section 409A of the Code. Sherrie takes pride in bringing a practical and down to earth approach to resolving complex benefits issues involving qualified plans, non-qualified plans and health and welfare plans. 401(k) Fridays Podcast Overview Offers companies of all sizes free strategic, educational and actionable content to improve  their retirement plans.  My name is Rick Unser and I am your host.  All episodes leverage my nearly two decades of experience working with employers to bring you candid interviews with industry experts, new best practices and valuable perspectives on current events. For more information please visit www.401kfridays.com  

This week we look at two Tax Court opinions released on the same day that both dealt with whether a transaction represented a loan to the taxpayer or was income. The cases are Teymourian v. Commissioner (TC Memo 2005-232) and Karns Prime and Fancy Food, Ltd. (TC Memo 2005-233). The results may initially appear to be at odds with most tax professional's expectation based on the fact that in the case where the taxpayer prevailed, the loan in question was with his closely held corporation and poorly documented, while in the case where the IRS prevailed the purported loan was from an unrelated third party and clearly documented as a loan. I also briefly discuss the IRS's release of new proposed regulations to explain Section 409A that Congress put into the law last October. If your client either participates in a nonqualified plan or sponsors one, you should review these new proposed regulations, which modify the original guidance the IRS provided in Notice 2005-1. Please post comments here on ezollars.libsyn.com by clicking on the comment line just below the description.

This Podcast considers two Tax Court opinions released on the same day that both dealt with whether a transaction represented a loan to the taxpayer or was income. The cases are Teymourian v. Commissioner (TC Memo 2005-232) and Karns Prime and Fancy Food, Ltd. (TC Memo 2005-233). The results may initially appear to be at odds with most tax professional's expectation based on the fact that in the case where the taxpayer prevailed, the loan in question was with his closely held corporation and poorly documented, while in the case where the IRS prevailed the purported loan was from an unrelated third party and clearly documented as a loan. Ed Zollars briefly discusses the IRS's release of new proposed regulations to explain Section 409A that Congress put into the law last October. If your client either participates in a nonqualified plan or sponsors one, you should review these new proposed regulations, which modify the original guidance the IRS provided in Notice 2005-1. This Podcast is sponsored by Leimberg Information Services, Inc. at http://www.leimbergservices.com Please visit our software, books, and PowerPoint Presentations site at http://www.leimberg.com

This Podcast considers two Tax Court opinions released on the same day that both dealt with whether a transaction represented a loan to the taxpayer or was income. The cases are Teymourian v. Commissioner (TC Memo 2005-232) and Karns Prime and Fancy Food, Ltd. (TC Memo 2005-233). The results may initially appear to be at odds with most tax professional's expectation based on the fact that in the case where the taxpayer prevailed, the loan in question was with his closely held corporation and poorly documented, while in the case where the IRS prevailed the purported loan was from an unrelated third party and clearly documented as a loan. Ed Zollars briefly discusses the IRS's release of new proposed regulations to explain Section 409A that Congress put into the law last October. If your client either participates in a nonqualified plan or sponsors one, you should review these new proposed regulations, which modify the original guidance the IRS provided in Notice 2005-1. This Podcast is sponsored by Leimberg Information Services, Inc. at http://www.leimbergservices.com Please visit our software, books, and PowerPoint Presentations site at http://www.leimberg.com