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2019 Employee Benefits LawSM Update-16th Annual Advanced Seminar

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Atlanta, Georgia | September 16 - 17, 2019

This seminar is designed as a timely, thorough and highly enjoyable update which analyzes sophisticated, up-to-the-minute issues and developments along with their real-world impact. The seminar explores the highly complex benefits challenges you face and provides techniques for managing and solving the problems, liabilities and contradictions they can pose. A talented team of attorneys will present these dynamic seminars.

With the intensified scrutiny by enforcement agencies, dramatic increases in benefits-related litigation, and the potential for severe liabilities for missteps, the information presented is as timely as it is critical. Designed as an annual update for past IAML Certificate in Employee Benefits Law Seminar participants, attorneys and other experienced employee benefits professionals, the seminar will be one of the most professionally important and satisfying programs you can attend. Take advantage of IAML's experience and of this opportunity to become fully updated, to meet your colleagues from around the country, to empower your career, and to improve your job performance and your effectiveness in your organization.

Topics include:

Washington Update: What's New? Recent Guidance and Current Employee Benefit Projects

Qualified Plans

  • Identifying Plan Errors and Developing Solutions to the Errors
  • Implementation of Best Practices - Corporate Governance Standards in Employee Plan Administration
  • Employee Plan Fiduciaries: Why You are One, What Your Duties Are, What Your Liability is
  • Trimming Your Employee Plan Administration Expense Budget - What Expenses Can You Charge to Your Plan?
  • Cost Effective Management of Your Plan's Service Providers: Getting the Services You Pay For and are Entitled to Receive
  • Implementation of an Employee Plan Compliance Calendar
Identifying Plan Errors and Developing Solutions to the Errors
Focus on both IRS and Department of Labor guidance that addresses correcting plan errors including a case study analysis of the voluntary compliance programs that both the IRS and DOL administer. An analysis of the multiple types of correction methods as well as the venue appropriate for the particular error will be analyzed.

IRS DOL Audits: How to Manage
Focus on the practical and legal aspects of managing an audit by either the DOL or the IRS. Included in this discussion will be specific areas of DOL concern following the ENRON audit.

Plan Administrators: Enhancing Communication and Avoiding Pitfalls
Focus on various administrative functions with respect to qualified plans including a detailed discussion of electronic plan administration guidance and other recent developments.

ERISA Litigation
We will cover what you should be doing to avoid getting sued with regard to your plans. For example, we will discuss the latest Supreme Court decisions on ERISA matters, as well as stock cases, 401k fee cases, benefit termination cases, claims based on conversions of cash balance plans, and the latest developments on handling of individual benefit claims. And, as always, we will review matters of attorney-client privilege, potential criminal liability and pre-emption.

Health Care Reform Compliance Boot Camp
Now that the dust has settled, what plan changes and compliance risks exist, and how can exposure be limited? Latest update on Affordable Care Act (ACA) rules and regulations. Preparation for play or pay and avoiding the so-called "Cadillac" tax.

Defined Contribution Healthcare in a Post-ACA World: Private Exchange Compliance Issues and Opportunities
Many employers are looking for ways to fix their health care contribution obligation while continuing to offer an array of valuable coverage options to employees. What tax and benefits compliance issues arise? Can employers offer health coverage through individual policies? What are the advantages and disadvantages of a fully insured versus a self-funded exchange?  Will a private exchange arrangement satisfy the ACA requirements (including the employer “pay or play:” obligation). This session focuses on the compliance aspects of private exchange arrangements with an emphasis on what can be done today, and what legislative or regulatory changes must be made to fully realize the benefits of a defined contribution approach.

Déjà Vu All Over Again: The Brave New World of Onsite Clinics: What compliance issues and traps arise in connection with onsite clinics.   The potential impact on HSAs and health care reform implications.

HIPAA Compliance:  HITECH Compliance, Security and Other Advanced Issues
We all know the rules (we think) but how do we implement the HIPAA requirements?  This session includes:  An overview of the HIPAA privacy, EDI and security requirements; and a practical privacy implementation roadmap for plan sponsors.

VEBA and ERISA Trust Do's and Don'ts
What rules apply to VEBA deductions?  What expenses can be paid from a plan?  When does UBIT apply?  Learn why VEBAs might not always be the best funding vehicle for retiree medical expenses.  When is an ERISA trust required and when is it not?

What’s a Benefits Administrator to Do?  How to Manage Risks Under Federal Health and Welfare Mandates
A review of new mandates and guidance for health plans. Which mandates require the most attention and when? You will learn how to best manage these new requirements, gaining a roadmap for negotiating the maze.

Wellness Programs and Disease Management:  Overcoming Legal Compliance Hurdles
As the popularity of wellness, disease management and health risk assessment programs continues to grow, many employers have overlooked the many legal compliance issues that may arise in connection with a successful program.  Hidden compliance costs associated with the "carrots" and "sticks" need to be considered.  Also, are "mandatory" participation requirements allowed?  What about smoker rate differentials?  Attendees of this session will be able to identify and avoid potential compliance traps under the new ACA wellness regulations, under HIPAA's non-discrimination and privacy requirements, the Americans with Disabilities Act and COBRA.

IAML Open Forum

Advanced Certificate in Employee Benefits Law Seminar

John R. Hickman, Esq., Partner at Alston & Bird LLP
Monday, September 16, 2019
8:00 am - 4:00 pm
Dominic DeMatties, Esq., Partner at Alston & Bird, LLP
Tuesday, September 17, 2019
8:00 am - 4:00 pm



*We reserve the right to change instructors when such changes are advisable for academic reasons or when circumstances are beyond our control.

TheAlston and Bird Office image Law Offices of Alston & Bird LLP
1 Atlantic Center
1201 W. Peachtree Street
Atlanta, Georgia 30309
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