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Arbitration Provisions in an ERISA Plan Cannot Negate Right to Sue under ERISA in Class Action on Behalf of the Plan
Arbitration Provisions in an ERISA Plan Cannot Negate Right to Sue under ERISA in Class Action on Behalf of the Plan Two recent circuit court decisions...
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Status of DOL Centralized Lost and Found Database Under the SECURE 2.0 Act and Information Collection Requests ​
Status of DOL Centralized Lost and Found Database Under the SECURE 2.0 Act and Information Collection Requests ​ The SECURE 2.0 Act of 2022 (SECURE 2.0)...
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Federal Court Strikes Down FTC Noncompete Ban and Noncompete Issues Generally
Untitled 1 Federal Court Strikes Down FTC Noncompete Ban   and Noncompete Issues Generally   August 23, 2024     The Federal...
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Code § 409A Nonqualified Deferred Compensation Rules Revisited
Code § 409A Nonqualified Deferred Compensation Rules Revisited An article titled “Code § 409A Nonqualified Deferred Compensation Rules Revisited”...
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2024 BENEFIT PLAN COST-OF-LIVING ADJUSTMENTS (with SECURE 2.0 changes)
    2024 BENEFIT PLAN COST-OF-LIVING ADJUSTMENTS (with SECURE 2.0 changes) Charles C. Shulman, Esq. 11/4/2023 BENEFIT PLAN COST-OF-LIVING ADJUSTMENTS 2023 2024 Qualified...
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Affordable Care Act Employer Mandate Penalties and Solutions, Individual Coverage HRAs and Health Plan Nondiscrimination Rules
Affordable Care Act Employer Mandate Penalties and Solutions, Individual Coverage HRAs and Health Plan Nondiscrimination Rules CHARLES C. SHULMAN, ESQ.   The...
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Withdrawal Liability Actuarial Assumptions – Did New Proposed PBGC Regs Get it Wrong?
Journal of Deferred Compensation – Vol 28, No 2, Winter 2023 See pdf version at https://ebeclaw.com/wp-content/uploads/2022/10/Withdrawal-Liability-Actuarial-Assumptions-Did-New-Proposed-PBGC-Regs-Get-it-Wrong.pdf Withdrawal...
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rising interest rates and business investment growth
Carried Interest Holding Periods
8/5/22 Further Restrictions on Carried Interest Taken out of Pending Inflation Reduction Act of 2022 Charles C. Shulman, Esq.     As discussed in...
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Cryptocurrency – An Imprudent 401(k) Investment?
Cryptocurrency – An Imprudent 401(k) Investment? Charles C. Shulman, Esq. CAR No. 2022-01: Presumption of Imprudence on Cryptocurrency for 401(k)...
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More MEPs - Less Bad Apples
Multiple Employer Plans under the SECURE Act of 2019 and Proposed Regulations re Exemption from One Bad Apple Rule Charles C. Shulman, Esq.,   See...
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rising interest rates and business investment growth
Profits Interests
   A Primer on Profits InterestsCharles C. Shulman, Esq., Profits interests have become an increasingly popular type of equity-based award if the entity...
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Successor Liability for Pension and Other ERISA Obligations
Successor Liability for Pension and Other ERISA Obligations 49 Compensation Planning Journal No. 9 p. 32 (Sept. 2, 2021) See pdf of article at https://ebeclaw.com/wp-content/uploads/2022/02/Successor-Liability-in-Pension-ERISA-and-Other-Obligations-with-2022-addendum-49-TMCPJ-09-9-3-2021.pdf Charles...
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Rev. Proc. 2021-30 (EPCRS Update)
Rev. Proc. 2021-30 (EPCRS Update) Charles C. Shulman, Esq. Rev. Proc. 2021-30 updates the IRS Employee Plans Compliance Resolution System (EPCRS) Program,...
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Missing Plan Participants – Recent Guidance
Missing Plan Participants – Recent Guidance Charles C. Shulman, Esq. March 31, 2021(Revised Aug. 2021) A common problem in plan administration...
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American Rescue Plan Act of 2021 – Summary of Benefit Provisions
March 15, 2021 American Rescue Plan Act of 2021 – Summary of Benefit Provisions Charles C. Shulman, Esq.  Introduction  – The American Rescue Plan...
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Taxpayer Certainty and Disaster Tax Relief Act of 2020 – Employee Benefit Provisions
  Taxpayer Certainty and Disaster Tax Relief Act of 2020 – Employee Benefit Provisions Charles C. Shulman, Esq.   The Taxpayer Certainty and Disaster...
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Coronavirus Aid, Relief and Economic Security Act (the CARES Act) of 2020
  Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”) Charles C. Shulman, Esq.  The Coronavirus Aid, Relief and Economic...
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SECURE Act Summary
SECURE Act Summary Charles C. Shulman, Esq. On December 20, 2019 the “SECURE Act” (Setting Every Community Up for Retirement Enhancement...
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Participant Loans
PARTICIPANT LOANS: A ROAD MAP FOR PRACTITIONERS
PARTICIPANT LOANS: A ROAD MAP FOR PRACTITIONERS Charles C. Shulman, Esq. August 8, 2018 See article in PDF format from JPPC (2018) at  https://ebeclaw.com/wp-content/uploads/2018/08/Participant-Loans-A-Roadmap-for-Practitioners-JPPC-Summer-2018.pdf Summary:...
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Employment Agreements (Including Severance, Parachute, Clawback, Noncompete and §409A Issues)
See “Employment Agreements (Including Severance, Parachute, Clawback, Noncompete and §409A Issues)” by Charles C. Shulman, at Tax Management...
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Whether Private Equity Funds are a Trade or Business - Sun Capital Partners III v. N. E. Teamsters Truck. Industry Pension Fund
Whether Private Equity Funds are a Trade or Business –Sun Capital Partners III v. N. E. Teamsters Truck. Industry Pension Fund Charles C. Shulman,...
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Supreme Court Strikes Down Yard-Man Inference for Collectively Bargained Retiree Health Benefits to Continue for Life - M & G Polymers v. Tackett - 5/4/2015
  M & G Polymers v. Tackett (Supreme Court Jan. 2015) Strikes Down Yard-Man Inference for Collectively Bargained Retiree Health Benefits to Continue...
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RULES RELATING TO 401(K) FEE DISCLOSURE OR INVESTMENT ADVICE GUIDANCE
December 19, 2010(revised 6/25/12)   RULES RELATING TO 401(K) FEE DISCLOSURE OR INVESTMENT ADVICE GUIDANCE               Recent guidance – some proposed...
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Leased Employees and Employee Classification
As published in 36 Journal of Pension Planning & Compliance 21 (Winter 2010)with minor additions – December 2010   In pdf format at https://ebeclaw.com/wp-content/uploads/2011/02/Professional_Employer_Organizations.pdf   Leased...
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EXECUTIVE COMPENSATION PROVISIONS OF DODD-FRANK WALL STREET REFORM AND CONSUMER PROTECTION ACT OF 2010
  Charles C. Shulman, Esq., LLCEmployee Benefits, Employment & Executive Compensation Law www.EBEClaw.com     EBEC (Employee Benefits / Executive...
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SUMMARY OF FOUR DIFFERENT RULES (OR PROPOSED RULES) RELATING TO 401(K) FEE DISCLOSURE OR INVESTMENT ADVICE GUIDANCE
  EBEC (Employee Benefits / Executive Compensation) Law Update SUMMARY OF FOUR DIFFERENT RULES (OR PROPOSED RULES) RELATINGTO 401(K) FEE DISCLOSURE OR...
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Children’s Health Insurance Program (CHIP) Annual Notice
      Children’s Health Insurance Program (CHIP) Annual NoticeRequired by Beginning of Next Plan Year or May 1, 2010 April 28, 2010 Charles C. Shulman,...
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NEW YORK HEALTH CONTINUATION COVERAGE EXTENDED TO 36 MONTHS AND OTHER STATE MINI-COBRA RULES
Charles C. Shulman, Esq.       EBEC (Employee Benefits / Executive Compensation) Law Update https://ebeclaw.com/wp-content/uploads/2011/02/New_York_Mini-COBRA_Extended_to_36_Months-1-5-2010.pdf January...
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SUMMARY OF THE PENSION PROTECTION ACT OF 2006
October 16, 2006 SUMMARY OF THE PENSION PROTECTION ACT OF 2006 TABLE OF CONTENTS Page Reform of Funding Rules Minimum Funding Rules…………………………………………………………………………………. 3 Interest...
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Worker, Retiree, and Employer Recovery Act of 2008
Charles C. Shulman, Esq.  EBEC Law Update January 30, 2009   Worker, Retiree, and Employer Recovery Act of 2008 A.  WRERA Corrections to PPA Funding Rules B. ...
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