Bowles Rice The Benefits Brief
 
 
  Practice Area Members:
• Lesley A. Russo
  (Practice Area Contact)
• Erin C. V. Bailey
• Lynn S. Clarke
• Jill E. Hall
  • Melody A. Simpson
 
  Bowles Rice Related
Practice Areas:
  • Employee Benefits,
  Executive Compensation &
  ERISA
  • Commercial &
  Financial Services
  • Labor & Employment
  • Tax
 
October 2008
   
 
 

With 2009 just a few months away, there are various amendments, updates and deadlines that you need to be aware of for the upcoming tax season that impact areas of Employee Benefits and Executive Compensation.

We hope that the timely information in this issue of "The Benefits Brief" will be of great value for you and your business. Enjoy!

   
 
       

MANY EXECUTIVE AND OTHER COMPENSATION
    ARRANGEMENTS MUST BE AMENDED BY YEAR END TO
    AVOID SIGNIFICANT NEW TAX PENALTIES


By: Melody A. Simpson

Congress added new Section 409A to the Internal Revenue Code (“Code”) as part of the American Jobs Creation Act of 2004. While Code Section 409A was originally intended as a measure to regulate so-called ‘nonqualified deferred compensation’ (deferred compensation arrangements other than, for example, qualified retirement or health plans, bona fide vacation leave, sick leave, compensatory time, disability pay or death benefit plans), the legislation itself and the final regulations issued by the IRS under Code Section 409A have a much broader reach than anticipated.
 MORE...

 
  Retirement & Fiduciary Protection   Executive Compensation  
 
 
 

EMPLOYEE PLANS COMPLIANCE
    RESOLUTION SYSTEM


By: Erin C. V. Bailey

On August 14, 2008, the Internal Revenue Service (“IRS”) issued a new and improved version of its Employee Plans Compliance Resolution System (“EPCRS”) which is the vehicle used by qualified retirement plan sponsors to voluntarily correct plan failures.
 MORE...

 
  THE DEVIL IS IN THE DETAILS

By: Lesley A. Russo

With amendments to executive benefit plans and agreements required by December 31, 2008 to avoid significant tax penalties under Internal Revenue Code Section 409A (see lead article in this edition of "The Benefits Brief" for an overview of IRC 409A), now is the time to make sure that all required election or beneficiary designation forms for executive benefit plans and agreements are in place, complete, and current.
MORE...
 
 
  Health & Other Benefits   Important Deadlines  
 
 
  MEDICARE SECONDARY PAYER     REPORTING REQUIREMENTS

By: Jill E. Hall

In late 2007, President Bush signed into law the Medicare, Medicaid and SCHIP Extension Act of 2007 (“the Act”) which sets forth new Medicare Secondary Payer (“MSP”) data-reporting requirements in Section 111. The new reporting requirements affect employer-sponsored group health plans and require that information necessary to ensure proper coordination of benefits with the Medicare program is reported to the Department of Health and Human Services (“DHHS”).
 MORE...
 
  YEAR END COMPLIANCE DEADLINES
    ARE FAST APPROACHING


By: Lynn S. Clarke

Year end IRS compliance deadlines are fast approaching and prompt action may be needed right now to meet them. Plans requiring amendment must be identified and reviewed, amendments drafted, vendors identified (and new contracts with them signed), and Board approvals obtained, all before year-end.
MORE...
 
         

Bowles Rice McDavid Graff & Love LLP
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