Episode 6: Cybersecurity & Employee Benefit Plans

June 4, 2018

In this episode of the Proskauer Benefits Brief, partner Neal Schelberg and associate Miriam Dubin discuss cybersecurity issues impacting employee benefit plans. Data breaches are occurring with increased frequency in today’s digital environment. Benefit plans in particular are uniquely susceptible to cyber-risks because they store large amounts of sensitive employee information and share it with multiple third parties.  In this episode, we discuss the developing legal framework in the area of cybersecurity and outline practical tips that plan sponsors and record-keepers may use to secure plan data. So be sure to tune in for this very important issue impacting employee benefit plans.

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Episode 5: ACA Employer Assessment Letters

May 9, 2018

In this episode of the Proskauer Benefits Brief, senior counsel Damian Myers and associate Liz Down examine the IRS’s enforcement of the Affordable Care Act’s (ACA) employer shared responsibility mandate. We discuss how the IRS is assessing penalties and offer tips on what employers can do when they receive assessment notices. Be sure to tune in for the latest insight on this very important issue.

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Episode 4: Employee Benefit Plan Related Issues in the Context of Disaster Recovery Situations (Part 2 of 2)

April 3, 2018

Unfortunately, disaster scenarios have become all too common and can cause significant disruption for employers, employees and their affected family members. In the wake of Hurricanes Harvey, Irma and Maria, Paul Hamburger, co-chair of Proskauer’s Employee Benefits & Executive Compensation Group, explores the unique issues that employers must consider when preparing their employee benefits disaster relief programs.

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Episode 3: Employee Benefit Plan Related Issues in the Context of Disaster Recovery Situations (Part 1 of 2)

April 3, 2018

Unfortunately, disaster scenarios have become all too common and can cause significant disruption for employers, employees and their affected family members. In the wake of Hurricanes Harvey, Irma and Maria, Paul Hamburger, co-chair of Proskauer’s Employee Benefits & Executive Compensation Group, explores the unique issues that employers must consider when preparing their employee benefits disaster relief programs.

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Episode 2: The Ten Things You Need to Know to Survive an IRS Audit

April 3, 2018

In this episode of the Proskauer Benefits Brief, Paul Hamburger, co-chair of Proskauer’s Employee Benefits & Executive Compensation Group, and associate Katrina McCann discuss the top ten things employers need to know to survive an IRS audit. Although plans can be audited at any time, the IRS is focused on Employee Plans Team Audits (EPTA), which deal with large plans that cover 2,500 or more participants. Even though the number of EPTA plans is fewer than 1%, the IRS has found that these plans cover approximately 60% of all participants and nearly 70% of all plan assets. So, whether you are subject to an EPTA audit, a random audit of a smaller plan, or an issue-specific audit, be sure to listen and understand how these tips can help you survive the IRS audit process.

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Episode 1: Severance Pay Plans & ERISA

February 26, 2018

In this episode of the Proskauer Benefits Brief, senior counsel Anthony Cacace and partner Robert Projansky discuss how severance plans can be subject to ERISA. We examine the key advantages of having severance pay arrangements covered by ERISA and what employers can do to design plans that comply with the substantive and procedural requirements of ERISA, but also maximize the likelihood of benefitting from ERISA coverage. Whether a severance plan or arrangement is governed by ERISA is a rather fact-intensive analysis, so be sure to tune in for how those facts and circumstances can give rise to an ERISA plan.

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