2020 ADVANCED EMPLOYEE BENEFITS WORKSHOP
In-Person Live Seminar
ITEM #:  1030342001   |   EVENT CODE:  288689    |   CREDIT STATUS:  APPROVED
MEMBER PRICE
$395.00
STANDARD PRICE
$445.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.

MINNEAPOLIS

Thursday, February 27, 2020

8:45 AM - 4:30 PM   |   Check-In:  8:15 AM

Minnesota CLE Conference Center

600 Nicollet Mall # 370

3rd Floor, City Center

Minneapolis, MN 55402

The 2020 Advanced Employee Benefits Workshop


An Advanced, Interactive Program
The Advanced Employee Benefits Workshop is interactive, and is of the most value when all attendees participate in the discussions. This workshop is recommended for employee benefit practitioners who have at least five years of experience. The open, discussion-based sessions make this Workshop a unique learning experience. We look forward to thoughtful and insightful comments from national and Minnesota experts and robust discussion among colleagues.

Workshop Format
The workshop will feature morning and afternoon plenary sessions in addition to small-group sessions. Indicate your first and second choices for each breakout session when you register by mail using the form in the brochure. If you choose to register online rather than by mail, you will be asked to make session selections via an online survey prior to the Workshop. Discussion group sizes are limited, and selections will be honored in the order in which they are received. This year's breakout topics include:

  • Employee Benefit Plan Audits: From the Auditors’ Perspectives
  • Novel Developments in Employee Benefits
  • Parity of Mental Health and Substance Use Benefits: What Employer Plans Must Understand
  • How Does that Work? A Whirlwind Refresher on Key Topics for Benefits Experts
  • Litigation Update
  • Don’t Be Opaque – Be Transparent: A Conversation Covering Recent Developments in Health Care Plan Administration
  • Data Risks for Employee Benefit Plans
  • How to Limit Liability in Design and Implementation of Severance Arrangements

The discussion facilitators welcome your questions in advance!  Please email them, indicating the topic and/or facilitators/presenters.

Space Is Limited
Don’t delay – registration is limited to approximately 100 individuals, and we expect to “sell out” quickly. We look forward to seeing you in February!

8:15 – 8:45 a.m.
CHECK-IN & CONTINENTAL BREAKFAST


8:45 – 9:00 a.m.
WELCOME & INTRODUCTIONS


9:00 – 10:00 a.m.
WORKSHOP HIGHLIGHT!

IRS Update from IRS Office of Chief Counsel
Hear from IRS counsel regarding recent changes and developments, including: 

  • Passage of the SECURE Act and its implications; 
  • Section 162(m) ($1 million compensation deduction limitation for public corporations); 
  • Section 4960 (excise tax on excess remuneration and excess parachute payments paid by applicable tax-exempt organizations); 
  • Section 413(c) (multiple employer plans and the one bad apple rule); 
  • Qualified Retirement Plans and missing participants; 
  • Individual Coverage Health Reimbursement Arrangements (ICHRAs) and the application of section 4980H (employer shared responsibility payments) and section 105(h) (discriminatory self-insured health plans); 
  • Changes to the 401(k) hardship distribution rules;
  • 401(k) plans and student loan programs;
  • And more.

– Stephen B. Tackney, Deputy Associate Chief Counsel (Employee Benefits); Office of Chief Counsel; IRS; Washington D.C.


10:00 – 10:10 a.m.
BREAK


10:10 – 11:10 a.m.
BREAKOUT SESSION ONE

Employee Benefit Plan Audits: From the Auditors’ Perspectives
This session will offer an in-depth discussion of the significant aspects of Employee Benefit Plan Audits, including the impact of the New Audit Standard. Panelists will share their valuable insights on auditing procedures, discuss common audit deficiencies and offer practical insight to help identify and mitigate risks and ensure compliance with employee benefit law. Panelists will also discuss what the new audit standard means to the Employee Benefit Plan Industry and how it will impact auditors and plan sponsors.
– Nicole Brown, CPA, DEBS; Schechter Dokken Kantor; Minneapolis
– Sam Henson, Director, Legislative & Regulatory Affairs, Retirements Services; Lockton Companies; Kansas City
– Stacy A. Meyer, CPA; Principal, Employee Benefit Plans; CliftonLarsonAllen LLP; Minneapolis

Novel Developments in Employee Benefits
Employers and Plan Sponsors often seek to adopt new plan designs or features to help them stay relevant, competitive, adapt to changes in the workplace and in their workforces, and to help manage costs. This session will take a look at some new plan design options available to Employers and Plan Sponsors, particularly those under the new SECURE Act. This session will also review new ways in which practitioners may want to think about advising clients that are looking to adopt new or change existing plan designs and structures.
– Jessica M. DuBois; Ballard Spahr LLP; Minneapolis
– Adanwimo “Ada” Okafor; Ballard Spahr LLP; Philadelphia
– Stephen B. Tackney, Deputy Associate Chief Counsel (Employee Benefits); Office of Chief Counsel; IRS; Washington D.C.

Parity of Mental Health and Substance Use Benefits: What Employer Plans Must Understand
This session will provide an update on federal and state mental health parity law and mandatory mental health and substance use disorder benefit law and review relevant protections and limitations. Presenters will also review audit risk protocols and provide an update on current litigation related to parity of benefits, calling out the lessons-learned for plan attorneys.
– Stephanie Moscetti, Senior Manager; Office of Integrity and Compliance; HealthPartners; Bloomington
– Archana Nath; Fox Rothschild LLP; Minneapolis

How Does that Work? A Whirlwind Refresher on Key Topics for Benefits Experts
The panel will guide participants through a series of outlines and checklists covering a broad range of employee benefits rules ranging from re-deferrals under 409A, 401(a)(4) nondiscrimation principles for retirement plans, and COBRA/FMLA traps. Materials will include useful summaries and guides created by deep subject matter experts. Active participation from attendees will be required.
– Monica A. Kelley, Senior Associate General Counsel; UnitedHealth Group; Minnetonka
– Bob Seng, Legal Counsel, Employment & Benefits; Medtronic; Minneapolis


11:10 – 11:20 a.m.
BREAK


11:20 a.m. – 12:20 p.m.
BREAKOUT SESSION TWO

Novel Developments in Employee Benefits  [repeat]
– Jessica M. DuBois; Ballard Spahr LLP; Minneapolis
– Adanwimo “Ada” Okafor; Ballard Spahr LLP; Philadelphia
– Stephen B. Tackney, Deputy Associate Chief Counsel (Employee Benefits); Office of Chief Counsel; IRS; Washington D.C.

Litigation Update
The panel will review recent case law developments from plaintiff and defense counsel perspectives, including how recent cases and trends shape litigation thinking and strategies.
– Andrew Holly; Dorsey & Whitney LLP; Minneapolis
– Katherine L. MacKinnon; Law Office of Katherine L. MacKinnon PLLC; Saint Paul
– Kirsten Schubert; Dorsey & Whitney LLP; Minneapolis

Don’t Be Opaque – Be Transparent: A Conversation Covering Recent Developments in Health Care Plan Administration
This session will focus on (i) emerging trends and issues on surprise billing and out-of-network providers; (ii) state individual coverage mandates and reporting requirements; and (iii) recently proposed transparency in coverage regulations. It will also highlight major ERISA penalties of which you and your clients should be aware.
– P. Brian Bartels; Kutak Rock LLP; Omaha
– Kathi J. Wright; Gallagher; Minneapolis

Data Risks for Employee Benefit Plans
This session will tackle employee benefit plan privacy and security compliance, best practices when contracting with plan vendors, mitigation of data privacy and security incidents, hot topics such as HSA and 401(k) account balance theft, and HIPAA breaches.
– Kris Kehner, Senior Attorney; Andersen Corporation; Bayport
– Jessica Forbes Olson; Fox Rothschild LLP; Minneapolis 


12:20 – 1:10 p.m.
NETWORKING LUNCH (boxed lunches provided)


1:10 – 2:10 p.m.
AFTERNOON PLENARY SESSION

Getting Past the Bumpiness: White Fragility and Skin Color
1.0 elimination of bias credit applied for
America is undergoing a seismic shift in how we think of people who are “Other,” particularly as one’s “otherness” relates to skin color, socio-economic class/disparities, and country of origin. How can we begin the exceedingly difficult but necessary conversation around the disparities that exist because of skin color, socio-economic class and or having been born outside the United States? What are the strategies that work and which ones fail? And for the legal community – which touches people from all backgrounds – how can we reduce or eliminate disparities that affect clients, court system personnel and colleagues? Join national human inclusivity trainer and speaker Ellen (Ellie) Krug as she leads the conversation about white fragility and skin color and offers strategies on how to get past the bumpiness that many experience with this sensitive topic. The session will be both innovative and educational, as well as “gently uncomfortable” for many. Remember, lasting change cannot occur without one becoming uncomfortable!
– Ellie Krug, Founder and President; Human Inspiration Works, LLC; Minneapolis


2:10 – 2:20 p.m.
BREAK


2:20 – 3:20 p.m.
BREAKOUT SESSION THREE

How to Limit Liability in Design and Implementation of Severance Arrangements
This session will walk through practical approaches and best practices for structuring and implementing compliant severance plans – looking at ERISA requirements, non-ERISA obligations, and Minnesota public sector (city, county, school) considerations. You’ll takeaway a better understanding of the risks and potential pitfalls, and how to minimize or avoid them.
– Darcy L. Hitesman; Hitesman & Wold P.A.; Maple Grove

Litigation Update  [repeat]
– Andrew Holly; Dorsey & Whitney LLP; Minneapolis
– Katherine L. MacKinnon; Law Office of Katherine L. MacKinnon PLLC; Saint Paul
– Kirsten Schubert; Dorsey & Whitney LLP; Minneapolis  

Parity of Mental Health and Substance Use Benefits: What Employer Plans Must Understand  [repeat]
– Stephanie Moscetti, Senior Manager; Office of Integrity and Compliance; HealthPartners; Bloomington
– Archana Nath; Fox Rothschild LLP; Minneapolis

How Does that Work? A Whirlwind Refresher on Key Topics for Benefits Experts  [repeat]
– Monica A. Kelley, Senior Associate General Counsel; UnitedHealth Group; Minnetonka
– Bob Seng, Legal Counsel, Employment & Benefits; Medtronic; Minneapolis


3:20 – 3:30 p.m.
BREAK


3:30 – 4:30 p.m.
BREAKOUT SESSION FOUR

Employee Benefit Plan Audits: From the Auditors’ Perspectives  [repeat]
– Nicole Brown, CPA, DEBS; Schechter Dokken Kantor; Minneapolis
– Sam Henson, Director, Legislative & Regulatory Affairs, Retirements Services; Lockton Companies; Kansas City
– Stacy A. Meyer, CPA; Principal, Employee Benefit Plans; CliftonLarsonAllen LLP; Minneapolis 
 

How to Limit Liability in Design and Implementation of Severance Arrangements  [repeat]
– Darcy L. Hitesman; Hitesman & Wold P.A.; Maple Grove 

Don’t Be Opaque – Be Transparent: A Conversation Covering Recent Developments in Health Care Plan Administration  [repeat]
– P. Brian Bartels; Kutak Rock LLP; Omaha
– Kathi J. Wright; Gallagher; Minneapolis

Data Risks for Employee Benefit Plans  [repeat]
– Kris Kehner, Senior Attorney; Andersen Corporation; Bayport
– Jessica Forbes Olson; Fox Rothschild LLP; Minneapolis 


4:30 p.m.
40th Annual Workshop Celebration & Reception
Stick around to continue the great conversation and join your colleagues for appetizers and refreshments!

IN-PERSON LIVE PRESENTATION
Thursday, February 27, 2020
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Minneapolis, Minnesota

IN-PERSON REPLAYS
There are no replays.

$395 MSBA members / $395 paralegals / $445 standard rate

Special refund policy:
Because registration is limited, Minnesota CLE will credit your account ONLY for cancellations received by 12:00 p.m., Friday, February 21.

Other discounts that may apply:

Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.

Minnesota CLE is applying to the Minnesota State Board of CLE for 6.0 CLE credits, including 1.0 elimination of bias credit for the afternoon plenary "Getting Past the Bumpiness." The maximum number of total credits attendees may claim for this program is 6.0 credits.

Minnesota CLE also has applied to the Minnesota State Bar Association for 6.0 labor and employment law specialist credits.

MEMBER PRICE
$395.00
STANDARD PRICE
$445.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.
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