ERISA Benefits Litigation Answer Book 2013


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Capezza served as a judicial law clerk in the Superior Court of New Jersey Civil Part and worked on Wall Street in the brokerage industry in the area of corporate services and retirement product development. Her combination of law firm, corporate in-house legal, and business experience allows her to provide clients with understandable, practical advice with regard to technical issues, in order to attain their business goals.

In addition to her work at the firm, Ms. Capezza is an adjunct faculty member of the Seton Hall University School of Law, where she has taught a course in Corporate Transactional skills a practical skills course designed to prepare law students for transactional practice following graduation. Capezza is Vice President of the Board of Trustees of The First American Inn of Transactional Counsel American Inns of Court , an organization devoted to promoting professionalism, civility, ethics, and excellent legal skills at the American bench and bar.

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She is also a frequent national speaker on a variety of employee benefits and executive compensation topics including health reform, financial regulatory reform, fiduciary issues under ERISA, the future of employee benefits, and overall trends in these and other areas, and she has been a featured faculty speaker for continuing education programs through Strafford, Lawline, Clear Law Institute, and The Knowledge Congress.

Capezza's personal interests are vast and varied in the areas of music, the arts, and travel. She has performed as a lead singer of a bluegrass band at the Station Inn in Nashville, Tennessee, through her bluegrass music studies.

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She has also performed the national anthem at several drag racing competitions. She enjoys playing piano and guitar, and designing handmade jewelry. Harders' practice focuses on all aspects of executive compensation and employee benefits law. Harders counsels a broad range of clients on executive compensation and employee benefit issues, tax-qualified and non-qualified plans, k plans, the Patient Protection and Affordable Care Act, deferred compensation, executive incentive compensation plans, executive employment and severance agreements, Section A compliance, equity-based compensation plans, multiemployer plans and health and welfare plans and trusts.

Harders is a frequent speaker on various employee benefit issues and developments and has authored articles on various topics of ERISA and employee benefits law, including the Patient Protection and Affordable Care Act. Microphone Icon. Harders: Advises corporate clients on employee benefits compliance matters, tax-qualified pension plan compliance, defined benefit plans, Section k plans, multiemployer plan funding and administration, health and welfare benefit plans and fringe benefit plans Represents corporate clients and health care providers on health and welfare benefit plans, health care products and the impact of the Patient Protection and Affordable Care Act Advises both corporate and individual clients on executive compensation issues, including the design of executive employment contracts, incentive compensation arrangements, stock option plans and severance agreements, with a concentration in cross-border executive compensation and the Dodd-Frank Wall Street Reform Act Represents tax-exempt and not-for-profit institutions with respect to pension plans, executive compensation, deferred compensation and employee benefits compliance matters Ms.

Event details. When Tuesday, August 14, Where Webinar- Credentials will be sent upon confirmation of your member status. Learn about strategies to follow and pitfalls to avoid when dealing with a wide variety of PBGC issues relating to underfunded plans. Topics include PBGC reporting traps, Early Warning Program negotiations, downsizing liability cases, missed contributions and related liens, distress and involuntary terminations, bankruptcy disputes, and pre-bankruptcy workouts.

Come prepared with your questions! Experienced multiemployer actuaries facilitate discussion around the technical and consulting issues facing multiemployer plans.

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While the speakers come prepared with topics to get started, come prepared with your own to get input from fellow practitioners on the topics impacting your funds. Specifically which approach is more effective in getting employers to participate in benefit programs that control the increase in healthcare costs.

Panelists explore the role of behavioral economics in changing employee behavior related to wellness and total health management programs. Many employers are or have been grappling with the "pay or play" pay penalties or provide health care decision forced upon them by the Affordable Care Act.

In addition, employers are considering the use of private exchanges whereby employees can purchase healthcare coverage subsidized with employer dollars. This panel features an employer speaker and a consultant who discuss their experiences with "pay or play" and private exchanges and how the two concepts relate to each other. States and local governments continue to be interested in Pension Obligation Bonds POBs primarily due to low interest rates, the budgetary problems that many jurisdictions currently face and declines in public pension plans' funded ratios.

However, the use of POBs is controversial at best and many experts view them as overly risky and unfair to future generations of taxpayers.

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During this session, the speakers:. With global companies looking for new growth opportunities around the world, many companies have set up significant operations in the emerging markets such as China and India. The panelists discuss the current situation in these markets related to retirement plans, the cultural perception of retirement benefits, latest developments in the social security and occupational pension system, and the current challenges and opportunities facing companies operating in these markets.

As Defined Contribution plans become the center pillar of retirement design, the panelists explore the type of designs and challenges with a variety of currently implemented programs. PBGC representatives interact with practitioners including discussions of recent regulations, guidance, and court cases. Bring your best questions to stimulate the session.

Liability Driven Investing LDI continues to be of strong interest as plan sponsors look at ways to manage the risk of their pension plans. Come to this LDI workshop to learn the nuts and bolts of LDI mathematics including: expected surplus return, funded ratio change and liability tracking error. The session is a true working session, so bring your fully-charged laptops with Excel.

Participants are encouraged to use their own plan liability cash flows and initial asset allocation with the remaining inputs to be provided. Speakers discuss current topics concerning Medicare Parts C and D from the consultant and plan perspectives, including changes to these programs as a result of the Affordable Care Act and other recent legislation.

Expert speakers provide brief comments on key topics while allowing for audience questions and comments in a facilitated workshop format. A state healthcare representative discusses the challenges and future prospects facing health exchanges, and provides insight on the development of non-Medicare insurance markets and how future employer strategic alternatives can expand to include opportunities for public and private exchange offerings.

Other considered topics are deferred compensation, performance based pay, and stock based compensation. Traditional pension funding policies address investment volatility directly through the use of various asset smoothing methods and market value corridors. These pension funding techniques smooth the asset inputs so as to produce more stable measures of both unfunded liabilities and contributions. Emerging practice includes the development of direct contribution rate smoothing approaches that base the unfunded liabilities only on market value of assets, and apply their smoothing techniques directly to the resulting market-volatile unfunded liability or contribution rate outputs.

Proponents of each approach discuss the theoretical and practical advantages and disadvantages of these competing methods for managing contribution volatility. Our largest neighbors to the South, Brazil and Mexico, have managed to maintain a thriving funded pension industry. Have fun in a collaborative environment where you can test what you know about PPA and ERISA and walk away with knowledge that you will find helpful in servicing your clients.

What are the components needed for a "secure retirement" in the changing landscape of Defined Benefit and Defined Contribution plans? How well are American workers preparing, and how might the pending? Engage with panelists to discuss how the actuarial profession might better champion risk-reducing retirement income solutions for future generations. What are the issues that your clients are addressing or should be addressing with respect to healthcare reform?

What should you be listening for, and what should you do when you hear it? How can you start a conversation to get insight into your client's concerns and preparedness? And, when should you ask for help? The panelists discuss the impact of healthcare reform on retiree medical strategy and retiree medical valuation assumptions and an update on healthcare reform topics for pension actuaries as it relates to client questions and concerns. While recent cost trends for pharmacy benefits were modest, this situation is not expected to continue.

Presenters explore:. The Affordable Care Act included specific funding for co-ops consumer operated and oriented plans which are new non-profit health plans. In this session representatives of funded co-ops provide an overview of how they plan to compete in the marketplace with these new plans. Once considered to be a passing fad, the science of behavioral economics is increasingly becoming a staple as a driver of compensation and benefit plan design e. In addition, it can inform total rewards design and communication campaigns in driving behavior change by appealing to anchoring, adaptation, the paradox of choice, the endowment effect, and more.

The speakers at this session highlight successful examples of approaches and ways to leverage behavioral economics principles in benefit programs. The impending replacement of GASB Statements 25 and 27 by Statements 67 and 68 presents obvious and not-so-obvious challenges for public retirement systems and their sponsors. But it also presents unresolved issues for actuaries serving these systems and for the rating agencies that must process the information to be provided under the new standards.

Representatives of the affected entities address these challenges and offer thoughts on their responses. Audience participation is encouraged and a lively debate expected. Plan sponsors are looking for more ways to reduce risk. Learn about several methods to transfer or eliminate various risks including lump sum distributions, annuity purchases, crediting market rates, and variable annuity plans. What experiences have evolved in funding, benefit restrictions and administration?

Even though most employers have implemented health management programs, there is ongoing debate about the savings produced by such programs. The panelists cover:. Attendees gain an understanding of the current state of measurement of health management programs. Healthcare reform has significant implications on insurance companies but perhaps an even greater impact on hospitals and physicians.

Come listen to representatives from these groups talk about issues they have resolved and those that need a solution. Human resources and a financial executive share their thoughts, challenge your thinking, and answer your questions to provide an understanding of what clients and users of consulting services expect and how to exceed those expectations. Presenters focus on legal issues resulting from plan design considerations for public pension plans including: state constitutional guarantees, collective bargaining agreements, municipal bankruptcies, vested rights, earned benefit reductions, future benefit reductions, hybrid plans benefits, rights and features, etc.

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Outside of the U. Our speakers from the UK and the Netherlands will talk about the current developments as it relates to Defined Benefit plan design, Defined Contribution plan trends, and pan-European Occupational Retirement Provision Directives IORPs , and the expected changes which may result in the future as a result of these reforms. Need an update on hybrid plans and the market rate of return? If so this session is for you as the speakers discuss the types of plans employers are implementing today in light of available regulations.


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There are many retirement issues that surface in mergers and acquisitions. The panelists discuss the financial and compliance issues related to pension, defined contribution, retiree medical, severance, and change of control programs. The financial analysis addresses the balance sheet, income statement, cash flow and the impact financial considerations can have on the valuation of the deal as well as the integration budget. Speakers start with a discussion of preparing a client for "what to expect" and then explain how to analyze these plans and issues in the due diligence phase, and finally, how to use the findings in the sale agreement and integration planning and costing.

Panelists discuss benefit determinations and distribution requirements when participants work beyond or fail to commence payment by the normal retirement date. Suspension of benefits, post-retirement accruals, potential issues, death benefits before actual retirement and ways to simplify and address client communications around these issues are among the topics discussed.


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There is a lot of confusion about the new health reform law. And, the presence of private exchanges and others working with the state exchanges, it's adding to the confusion. What does the person on the street know about these different avenues of health insurance purchase? The panelists present the types of questions being asked and how they are being answered.

In a twist on the old game show, this session covers a wide range of answers and questions regarding the Affordable Care Act and its impact on individuals and employers.

ERISA Benefits Litigation Answer Book 2013 ERISA Benefits Litigation Answer Book 2013
ERISA Benefits Litigation Answer Book 2013 ERISA Benefits Litigation Answer Book 2013
ERISA Benefits Litigation Answer Book 2013 ERISA Benefits Litigation Answer Book 2013
ERISA Benefits Litigation Answer Book 2013 ERISA Benefits Litigation Answer Book 2013
ERISA Benefits Litigation Answer Book 2013 ERISA Benefits Litigation Answer Book 2013
ERISA Benefits Litigation Answer Book 2013 ERISA Benefits Litigation Answer Book 2013

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