Pension, Profit-Sharing, Welfare, and Other Compensation Plans - CLE, Continuing Legal Education - ALI
Pension, Profit-Sharing, Welfare, and Other Compensation Plans
  • Featuring a special segment on the Supreme Court's ruling on the Affordable Care Act!
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Available Online: | Coursebook

Why You Should Attend

This annual accredited CLE program provides the thorough coverage and in-depth analysis you need on advanced employee benefits issues!

Now that the Supreme Court has decided that the Affordable Care Act is constitutional, what is the most recent guidance of interest to plan sponsors, health insurers, and plan administrations?

What important employee benefits decisions have come out of the courts this year?

Do you know how to negotiate when the Pension Benefit Guaranty Corporation (PBGC) gets tough?

What employee benefits issues should you be aware of in mergers and acquisitions?

What’s the latest with how to comply with the Department of Labor’s participant and plan-level fee disclosure requirements?

If you don’t know the answers to these questions, you need to attend this course!

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What You Will Learn

This annual, advanced, accredited course of study examines the most important aspects of pension, profit sharing, welfare, and other compensation plans, including recent developments in litigation, legislation, and federal regulations, enforcement, and guidance. Top private practitioners, other benefits specialists, and current and former government speakers, including invited representatives from the Treasury Department, Department of Labor, and Center for Medicare and Medicaid Services (CMS), provide insights on the latest issues and will be available to answer your most pressing questions throughout the program. The discussions throughout the course are transactional, dealing with “how to do it” and not offering merely an explanation of the law itself.

Topics include:

• Employee Benefits in Mergers and Acquisitions

• International Issues

• Safe Harbor 401(k) plans

• Plan Expense Audits

Ethics in Representing Plans and Employers (one hour)

• Executive Compensation

• and much, much more!

The course also provides opportunities to network with like-minded colleagues from around the country, including a reception following the conclusion of the first day’s presentations.




The U.S. Supreme Court has decided that the Affordable Care Act is constitutional (National Federation of Independent Businesses v. Sibelius; Florida v. Dept. of HHS). Plan sponsors, health insurers, and health plan administrators will need to continue in their efforts to comply with the law. We will have a panel of government speakers and health law experts to discuss the following topics:

• Analysis of the Supreme Court decision and its impact on future Congressional action on health care

• Regulatory developments - what should employers do now?

• Emerging issues on funding and new products

• Wellness programs: issues in health risk assessments

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Planning Chairs

Pamela Baker, SNR Denton, Chicago (also on faculty)

William F. Sweetnam, Jr., Groom Law Group, Chartered, Washington, D.C.; former Benefits Tax Counsel, U.S. Department of the Treasury (also on faculty)

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Harold J. Ashner, Keightly & Ashner LLP, Washington, D.C.

Louis J. Campagna, Jr., U.S. Department of Labor, Washington, D.C.

T. David Cowart, SNR Denton, Dallas

Elizabeth Drigotas, Deloitte, Washington, D.C.

Julie Durkin, Senior Consulting Actuary, Towers Watson, Chicago

Jennifer E. Eller, Groom Law Group, Chartered, Washington, D.C.

Daniel L. Hogans, Morgan, Lewis & Bockius LLP, Washington, D.C.

Kevin P. Knopf, Attorney-Adviser, Office of Benefits Tax Counsel, U.S. Department of the Treasury, Washington, D.C.

Andrew C. Liazos, McDermott Will & Emery, Boston

Doreen E. Lilienfeld, Shearman & Sterling LLP, New York

W. Waldan Lloyd, Callister Nebeker & McCullough, Salt Lake City

Pamela D. Perdue, Summers Compton Wells P.C., St. Louis

Jo Christine Reed, SNR Denton, New York

Howard Shapiro, Proskauer Rose LLP, New Orleans

Tamara M. Simon, Buck Consulting, Washington, D.C.

Vivian Hunter Turner, Groom Law Group, Chartered, Washington, D.C.

John L. Utz, Utz & Lattan LLC, Overland Park, Kansas


ALI CLE Program Attorney: Kevin O'Connor (

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Program Schedule

Wednesday, October 17, 2012

8:00 a.m. Registration and Continental Breakfast

8:55 a.m. Administrative Remarks – ALI CLE Staff


9:00 a.m. Plan Expense Audits Ms. Perdue

9:45 a.m. Drafting Issues in Incentive Plans Mr. Hogans

10:30 a.m. Networking and Refreshment Break

10:45 a.m. Executive Compensation Issues in Bankruptcy Ms. Reed

11:30 a.m. Questions and Answers

12:00 noon Lunch Break


1:15 p.m. Participant and Plan-Level Fee Disclosure Mr. Campagna and Ms. Eller

2:00 p.m. Negotiating with the PBGC Mr. Ashner

2:45 p.m. Safe Harbor 401(k) Plans: Mid-Year Changes, Mergers, and Other Issues Ms. Perdue

3:30 p.m. Networking and Refreshment Break

3:45 p.m. Employee Benefits Implications of Proposed LLC Regulation Ms. Drigotas

4:30 p.m. International Issues in Retirement and Executive Compensation Plans Mr. Liazos

5:15 p.m. Questions and Answers

5:30 p.m. Adjournment for the Day; Networking Reception for Registrants and Faculty

Thursday, October 18, 2012

8:30 a.m. Continental Breakfast and Networking Session


9:00 a.m. Litigation Update Mr. Shapiro

10:00 a.m. Longevity Insurance Mr. Lloyd

10:45 a.m. Networking and Refreshment Break

11:00 a.m. Small Retirement Plan Issues: Practical Implications for Law Firm Plans Ms. Durkin

11:45 a.m. Questions and Answers

12:00 noon Lunch Break


1:15 p.m. Employee Benefits Issues in Mergers and AcquisitionsMs. Lilienfeld

2:00 p.m. Through a Glass Darkly: Musings About CIGNA Corp. v. Amara and Pfeil v. State Street Bank and Trust Co. Mr. Cowart

2:45 p.m. Networking and Refreshment Break

3:00 p.m. Update on Wellness Programs  – Ms. Turner

3:45 p.m. Ethics: Inadvertent Breach of Attorney-Client Privilege when Working with Plan Administrators, Actuaries, and Others Mr. Utz

4:45 p.m. Taking a Good Look at Good Reason Ms. Baker

5:15 p.m. Questions and Answers

5:30 p.m. Adjournment for the Day

Friday, October 19, 2012

8:15 a.m. Continental Breakfast and Networking Session


8:45 a.m. Focus on Health Care Matters After the Supreme Court Decision

Messrs. Knopf and Sweetnam and Ms. Simon

10:15 a.m. Networking and Refreshment Break

10:30 a.m. Focus on Health Care Matters after the Supreme Court Decision (continued)

12:00 noon Questions and Answers

12:15 p.m. Adjournment

Total 60-minute hours of instruction: 16.75, including one hour of ethics

Suggested Prerequisite: Substantial experience in legal practice in subject matter

Educational Objective: Development of proficiency in performance of intricate and complex legal tasks within a narrow area

Level of Instruction: Advanced

Click Here for MCLE Credit Information

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Here's what registrants have said about this course:

“As always, a timely, thoughtful update of the complex minefield called pension, profit-sharing, and deferred compensation programs.” – Michael Levy, Las Vegas

“By far, best annual employee benefits seminar ALI-ABA has held in a while. Topics, speakers, and materials were all excellent this year.”

“This course was well organized and presented. The speakers were exceptionally knowledgeable and interesting.”

"Excellent course – even better this year. I’ve been attending spanning 4 decades!"

“This is the national ERISA course that every practitioner should attend. The overview of the new health care legislation and the new final cash balance regulations was excellent. This course enables practitioners to protect their clients and apprises them of upcoming law changes. You cannot have a successful ERISA practice if you do not take this course.” – John W. Almquist, Internal Revenue Service, El Monte, California

“I look forward to this conference. The topics are always current and the speakers very knowledgeable. It is always an excellent 3-day snapshot of what is currently important in employee benefits. It is the one conference I look to attend each year. Excellent job!” – Kristi Renee Gauthier, Clark Hill PLC, Birmingham, Michigan

“The speakers did an excellent job of explaining very complex rules in an insightful manner. Good balance between practitioners and government officials.”

“I really liked the practical, real-world focus.”

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