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ERISA Basics Series: Working With Employee “Cash or Deferred” Arrangements -- What You Need to Know About Section 401(k)

ABA JOINT COMMITTEE ON EMPLOYEE BENEFITS  • DATE: January 30, 2007
SPONSORS: The Sections of Business Law, Health Law, Labor and Employment Law, Real Property, Probate and Trust Law, Taxation, and Tort Trial and Insurance Practice; And the American College of Employee Benefits Counsel

General Information

Tuesday, January 30, 2007

A 90-minute TeleConference/Live Audio Webcast

1:00-2:30 pm ET / 12:00-1:30 pm CT / 11:00 am-12:30 pm MT / 10:00 am-11:30 am PT

401(k) plans have become the retirement vehicle of choice for employers of all sizes.  Code Section 401(k) generally allows employers to establish a "cash or deferred" arrangement under which eligible employees may elect to make pre-tax contributions under a tax‑qualified defined contribution plan.  A number of rules apply to these plans, including special nondiscrimination rules under sections 401(k)/(m) and in-service withdrawal restrictions.  The panel will, among other topics, cover the following:

·         What qualifies as a "cash or deferred" arrangement (CODA)

·         Automatic enrollment and related ERISA fiduciary issues

·         The actual deferral percentage (ADP) and actual contribution percentage (ACP) nondiscrimination tests and correcting ADP/ACP failures

·         In-services withdrawal restrictions/rules

·         The "contingent benefit" rule

·         The special "safe harbor" contribution rules

Moderator:

David Mustone, Hunton & Williams, McLean, VA

Speakers:    

Greta E. Cowart, Haynes and Boone, LLP, Dallas, TX

Lois Wagman Colbert, Kilpatrick Stockton LLP, Raleigh, NC

Benjamin F. Spater, Trucker Huss, APC, San Francisco, CA

 


   
ERISA Basics Series: Working With Employee “Cash or Deferred” Arrangements
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