2022 ADVANCED EMPLOYEE BENEFITS WORKSHOP
Live Simulcast Seminar
ITEM #:  2139652201   |   EVENT CODE:  439766    |   CREDIT STATUS:  APPROVED
MEMBER PRICE
$345.00
STANDARD PRICE
$395.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.

IN-PERSON PASSHOLDERS:
You may use your Pass to register for the live simulcast at no charge.

ONLINE

Thursday, February 10, 2022

8:45 AM - 4:25 PM

LIVE ONLINE ONLY – NO IN-PERSON ATTENDANCE
In-Person Passholders – You may use your Pass to register for the live simulcast at no charge.

2022 Advanced Employee Benefits Workshop

The Employee Benefits Section of the Minnesota State Bar Association Invites You to Be a Part of This Annual Tradition


An Advanced, Interactive Program –

The open, discussion-based breakout sessions make this Workshop a unique learning experience. We look forward to thoughtful and insightful comments from national and Minnesota experts. There will be morning and afternoon plenary sessions, and we’re continuing with our standard, small-group breakout sessions. Don’t miss your chance to attend this annual tradition!


Areas of Focus Include –

  • Shaping the Employee Benefits Landscape: A Discussion of Nationwide Advocacy with the ERISA Industry Committee (ERIC)
  • What to Expect from a DOL Health Plan Investigation
  • Navigating Employee Benefits and Executive Compensation in Mergers and Acquisitions
  • The 2021-2022 Litigation Update
  • Multiemployer Plans – An Overview and Update   
  • The To-Do List... SECURE & CARES Act Implementation 
  • Fiduciary Lessons Learned from ERISA Litigation and DOL Investigations
  • And more!

8:15 – 8:45 a.m.
JOIN ONLINE


8:45 – 9:00 a.m.
Welcome & Introduction
– Mark P. Rosenfeld, Planning Committee Member


9:00 – 10:00 a.m.
Shaping the Employee Benefits Landscape: A Discussion of Nationwide Advocacy with the ERISA Industry Committee (ERIC)
The COVID-19 pandemic has placed widespread attention on employee benefits issues at all levels of government and has sparked a renewed focus on legislation and regulations affecting health care, retirement, compensation, and paid leave benefits. To make sense of this whirlwind, policy experts from the ERISA Industry Committee (ERIC) will discuss the benefits issues most pressing for large plan sponsors and ERIC’s multi-faceted advocacy approach to shaping the federal, state, and local policy landscapes in the coming year.
– Andrew Banducci, Christina Ciconte, Dillon Clair & James Gelfand


10:00 – 10:10 a.m.
BREAK


10:10 – 11:10 a.m.
BREAKOUT SESSION A

101
Navigating Employee Benefits and Executive Compensation in Mergers and Acquisitions

This session will review employee benefits and executive compensation in mergers and acquisitions. This discussion will focus on employee benefits due diligence review, frequent employee benefit issues in transaction documents, and post-closing employee benefit integration. We will also review common executive compensation concerns, with a brief overview of Code Sections 280G and 409A. 
– Page D. Fleeger & Mark P. Rosenfeld 

102
The 2021-2022 Litigation Update

This experienced panel of ERISA attorneys will review recent case law developments from plaintiff and defense counsel perspectives, including how recent cases and trends shape litigation thinking and strategies. This will include a discussion of new Supreme Court cases, as well as updates from the 401(k) fee cases, and other trends in pension and healthcare disputes. 
– Andrew J. Holly, Katherine L. MacKinnon & Kirsten E. Schubert

103
Tips for Employers to Navigate the Affordable Care Act’s Coverage and Reporting Requirements

Most employers are required to comply with §4980H of the Affordable Care Act (ACA) by offering health coverage for full-time employees (the “employer mandate”) and the employer is also required to report on such offers of coverage (§6056). In addition, employers offering a self-funded group health plan are required to report coverage information (§6055), sometimes at both the federal and state level. For employers, the twists and turns of navigating the requirements of ACA can be a struggle – from classifying employees correctly as full-time or part-time under the monthly or look-back measurement methods, determining affordability, and properly reporting offer and coverage information. In addition, the IRS actively monitors and enforces these requirements, and employers who fail to offer compliant coverage or report accurately can face significant assessments and penalties. This session will provide an overview of the latest requirements and then focus on key questions and issues that employers struggle with while trying to comply.
– Regan J. Debban & Amanda Olimb


11:10 – 11:20 a.m.
BREAK


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

201
Multiemployer Plans – An Overview and Update   

Taft-Hartley multiemployer plans provide retirement and welfare benefits to collectively bargained employees and are a significant component of employer-sponsored benefits. This session will provide an overview of multiemployer plans and their governance. Also, this session will provide an update of current legal issues related to these plans, including collective bargaining agreement contractual issues, fiduciary claims, and multiemployer pension plan withdrawal liability.
– Ruth S. Marcott & Michael R. Schechter

202
Life on the Inside

Intended for both inside and outside ERISA counsel, this breakout will come in two parts. The first will be a high-level review of the topics most important to inside lawyers at the time of the seminar. The second will focus on how inside benefit lawyers do their job – what they need the most from their outside counsel and how they support their internal clients. We will include time for interaction. Come with your ideas and questions.
– Andrea J. Lundahl & Robert A. Seng

203
The To-Do List... SECURE & CARES Act Implementation

The SECURE and CARES Acts have imposed a broad array of changes to retirement plans, and the coming year will bring additional changes and finally require Plan sponsors to complete documentary compliance. Join this discussion, learn tips, and best practices from an experienced employee benefits attorney and retirement plan consultant on ensuring that your retirement plans remain compliant in this ever-changing landscape.
– Thomas B. Henke & Kevin Skow


12:20 – 1:00 p.m.
LUNCH BREAK


1:00 – 2:00 p.m.
What to Expect from a DOL Health Plan Investigation
This presentation will explain the overall structure of the Employee Benefits Security Administration (EBSA) with an emphasis on its health enforcement strategy. The presentation will include a discussion of the framework for conducting a health plan investigation, ERISA Part 7 Self-Compliance Tools, and national health enforcement initiatives – emergency services, health service provider self-dealing, mental health parity, and Multiple Employer Welfare Arrangement (MEWA) financial solvency.
– Robert E. Fitzgerald, III


2:00 – 2:10 p.m.
BREAK


2:10 – 3:10 p.m.
BREAKOUT SESSION C

301
The 2021-2022 Litigation Update

This experienced panel of ERISA attorneys will review recent case law developments from plaintiff and defense counsel perspectives, including how recent cases and trends shape litigation thinking and strategies. This will include a discussion of new Supreme Court cases, as well as updates from the 401(k) fee cases, and other trends in pension and healthcare disputes. 
– Andrew J. Holly, Katherine L. MacKinnon & Kirsten E. Schubert

302
From Fringe to Center Stage—Spotlighting Key Trends in Fringe Benefits

This session will provide an update on employer-provided fringe benefit programs as employers adapt to changes in their workplaces and workforces. The session will focus on federal tax considerations as employers navigate the impact of COVID and ever-changing tax guidance on fringe benefits.
– Christine Faris & Devin Tenney

303
Fiduciary Lessons Learned from ERISA Litigation and DOL Investigations

It’s good to learn from mistakes; it’s even better to learn from other people’s mistakes.  This program covers common allegations in ERISA fiduciary litigation and DOL investigations, and the lessons to be learned from them. For each of those issues – from share class selection to missing participants, the panelists will identify the issue, and then discuss the missteps of some fiduciaries and the prudent steps that can be taken.
– Douglas J. Heffernan & Fred Reish


3:10 – 3:25 p.m.
BREAK


3:25 – 4:25 p.m.
Elimination of Bias: The Connection Between Wealth Inequality and Structural Racism in the U.S. Tax System
1.0 elimination of bias credit applied for
This elimination of bias session will describe the connection between wealth inequality and the increasing structural racism in the U.S. tax system since the 1980s. A long-term sociological view (the why) reveals the historical racialization of wealth and a shift in the tax systems overall beginning around 1980 to protect and exacerbate wealth inequality, which has been fueled by racial animus and anxiety. A critical tax view (the how) highlights a shift over the same time period at both federal and state levels from taxes on wealth, to taxes on income, and then to taxes on consumption—from greater to less progressivity. Both of these shifts disproportionately benefit Whites while disproportionately burdening Blacks and other people of color. This discussion will enhance – and sometimes may challenge – your understanding of state and federal taxing regimes and their implications on marginalized communities, helping attendees provide the most informed policy and practice advice to their law firms and clients that employ a diverse workforce.
– Nicholas A. Mirkay & Palma Joy Strand

LIVE SIMULCAST
Thursday, February 10, 2022
Attend online

$345 MSBA members / $345 paralegals / $395 standard rate

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. 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
$345.00
STANDARD PRICE
$395.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.

IN-PERSON PASSHOLDERS:
You may use your Pass to register for the live simulcast at no charge.

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