Client Alerts

August 2011    Diane Fanelli follows up her last article on rebalancing with a summary of reshuffling. Brian Wurpts discusses the basics of distributions, then presents some options for funding benefit distributions and the implications of benefit funding decisions on repurchase obligation.

March 2011   Diane Fanelli discusses rebalancing as an option for ESOPs.  Barbara Krumbhaar details all you need to know about plan record retention including what documents should be kept, for how long and by whom.  Steven B. Greenapple, Esq. answers a frequently asked client question about whether a pass-through vote is needed for an ESOP company stock sale.

November 2010    Mary Beth H. Gray, Esq. provides a "how to" of the issues you need to consider when creating a distribution policy, and what is or is not permitted by the IRS. Tabitha Croscut, Esq. discusses diversification language in plans and what the IRS decided was the definition of a "qualified participant."

July 2010    Brian Wurpts discusses how an ESOP company's funding decisions can alleviate or exacerbate the "Have/Have Not" problem and ESOP sustainability concerns. Stephen P. Magowan explains how to avail yourself of the protective provisions of IRS Notice 2010-6 for nonqualified deferred compensation plans.

November 2009  Margaret P. Steere, Esq. offers possible solutions for seller-financed ESOP companies who don't have enough cash to make a contribution to their ESOP. Karen Hurley, Senior Plan Administrator, tells you everything you need to know about ERISA Fidelity Bonds and how to stay in compliance for the DOL. You will also find a chart with the IRS' 2010 cost-of-living adjustments applicable to dollar limitations for pension plans.

August 2009  Guest authors from Praxis Consulting Group go over 7 objectives for communication to employees during hard economic times. Tina Fisher takes on the Worker, Retiree and Empoyer Recovery Act of 2008 and its affects on minimum distribution rules for 2009.
 

February 2009  Brian Wurpts explains the Employee Plans Compliance Resolution System (EPCRS) in his article "Operational Failures & Forgiveness." Mychelle Holloway tells us "What's New in ESOP Administration" for 2009.

November 2008  In this issue, Meg Shrum addresses financing in today's challenging lending market, Brian Wurpts discusses partial plan terminations, and Rob Edwards provides a timely reminder about the upcoming 409A deferred compensation compliance deadline.

June 2008  Jane Rogers addresses how to locate missing particpants and Steve Greenapple explains the various fiduciary issues raised when selling an ESOP Company.

February 2008  Mark Kossow writes about how to achieve income tax and estate planning objectives with a family limited partnership. Mychelle Holloway provides an overview of the basics of diversifaction in ESOPs.

November 2007    Steve Magowan addresses the proposed change in taxation of options of S corporations with ESOPs and the possible far-reaching ramifications of the legislation. Rob Edwards reviews 409a and the extension of transition relief for deferred compensation plans.

June 2007    Rob Edwards and Steve Greenapple address corporate governance, and Diane Fanelli, Senior ESOP Administrator and Principal of SES Advisors, discusses the Pension Protection Act of 2006.

February/March 2007     Mary Beth Gray highlights the pros and cons of becoming an S corporation ESOP. Tina Fisher, Senior ESOP Consultant with SES Advisors, discusses ways to maximize your ESOP’s potential.

September/October 2006     Mychelle Holloway, Senior ESOP Administrator with SES Advisors, discusses the effects of the PPA on your company's ESOP. Steve Fischer addresses what to do - and more importantly what not to do - when your ESOP is selected for a DOL audit.

June/July 2006 Steve Greenapple addresses "Using Your ESOP to Acquire Another Company." Brian Wurpts, Vice President of ESOP Plan Administration with SES Advisors, discusses the role of the Plan Administrator and ESOP Administration committees.

January/February 2006  Highlights include articles on the IRS's new Determination Letter Procedures as well as an article on Qualified Domestic Relations Orders.

December 2004/January 2005  Highlights include the American Jobs Creation Act of 2004 and its impact on nonqualified deferred compensation arrangements.

July 2004  Includes an article highlighting the impact of recent Enron litigation on ESOP fiduciaries, and an article on the IRS revenue ruling confirming increased deduction limits for leveraged ESOPs.

August 2003    Highlights changes in S Corporation ESOP regulations as well as the new 409(p) regulations.