2012 Employee Benefits Outlook             Bret F. Busacker              HawleyTroxell              208.388.4885       bbu...
Sailing through Rough Waters   Managing RiskMonitoring Compliance
The Basics for Maintaining a Tight Ship • Evaluate who has administrative   authority over ERISA plans • Delegate authorit...
Increased Regulatory Scrutiny• Increased Audits (Federal  and State)   – Qualified plan audits   – Fiduciary compliance   ...
Beyond the Basics in Retirement Plans  (2012 DOL Focus on Fiduciaries)• Fee Disclosure   – Service provider fee     disclo...
Focus on Cleaning up Severance        Arrangements in 2012•   Severance Pay    – Makings payments contingent on      relea...
Executive Compensation Issues          (Public Companies)• Incentive plan compliance   – Employment agreement issues   – P...
Welfare Benefits                 Focus in 2012• Healthcare Reform in 2012   – Predictions   – Continued implementation   –...
Questions?      Bret F. Busackerbbusacker@hawleytroxell.com       208.388.4885   www.hawleytroxell.com
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Employee Benefits Update for 2012

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Employee Benefits Update for 2012

  1. 1. 2012 Employee Benefits Outlook Bret F. Busacker HawleyTroxell 208.388.4885 bbusacker@hawleytroxell.com
  2. 2. Sailing through Rough Waters Managing RiskMonitoring Compliance
  3. 3. The Basics for Maintaining a Tight Ship • Evaluate who has administrative authority over ERISA plans • Delegate authority to a benefits committee, investment committee and/or HR committee (as appropriate) • Establish a charter for the committees to set forth responsibilities, obligations and to limit authority (as appropriate) • Meet regularly (quarterly is standard) • Review expenses charged to the plans • Review investments • Evaluate benefits and make plan changes
  4. 4. Increased Regulatory Scrutiny• Increased Audits (Federal and State) – Qualified plan audits – Fiduciary compliance – Section 409A audits – Payroll audits – Worker classification audits• Increased Regulation – Dodd-Frank – Health care reform
  5. 5. Beyond the Basics in Retirement Plans (2012 DOL Focus on Fiduciaries)• Fee Disclosure – Service provider fee disclosure – Participant fee disclosure – Benchmarking• Understand Your Role – Named fiduciary – Investment/asset fiduciary – RIAs v. asset managers• Where to Start – Review plan documents – Review service agreements – Review delegations – Come up with a comprehensive strategy
  6. 6. Focus on Cleaning up Severance Arrangements in 2012• Severance Pay – Makings payments contingent on release – Changing payment schedule – ERISA considerations• Health Care Benefits – Insured plans – Self-insured plans – Recent COBRA case• Increased litigation – Acknowledge fiduciary responsibilities – Federal v. state court – Preparing for regulatory changes
  7. 7. Executive Compensation Issues (Public Companies)• Incentive plan compliance – Employment agreement issues – Per employee/per period stock option rules – Planning for unusual events – Burn rate issues• Monitor ISS and other shareholder services guidance – Multiple years of sub-peer shareholder return – SSOP frequency guidance – 2012 SSOP position (less than 70% support)• Monitor Dodd-Frank compliance – CEO Compensation Chart – Pay for performance graph – Clawback rules• SOX enforcement (clawbacks)
  8. 8. Welfare Benefits Focus in 2012• Healthcare Reform in 2012 – Predictions – Continued implementation – Managing compliance• Disclosures – Grandfathered status – Age 26 dependent (transitional rule may apply) – Lifetime limits (transitional rule may apply)• Plan document issues – Cigna v. Amara – Identifying your plan document – Material modification notice requirements• W-2 Reporting for 2012
  9. 9. Questions? Bret F. Busackerbbusacker@hawleytroxell.com 208.388.4885 www.hawleytroxell.com
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