Survey of Current Benefits Issues


In This Presentation:

- Affordable Care Act

- Affordable Care Act: Fees and Taxes 2015 – Employer Shared Responsibility Fee

- Forms for Reporting Fees

- Retirement Plan Errors - Overview

- Retirement Plan Errors - Eligibility

- Retirement Plan Errors - Vesting Errors

- Retirement Plan Errors - Compensation

- Retirement Plan Errors - Loans

- Retirement Plan Errors - IRS Correction Process

- Equity Compensation

- Incentive Stock Options

- ISO Taxation (General Case)

- Any Advantages to Early Exercise ISOs?

- ISO Reporting

- Nonqualified Stock Options (NQSOs)

- Restricted Stock

- Restricted Stock Units

- Section 409A

- Overview – Section 409A

- Separation Pay and 409A

- Legal Notice and Treasury Circular 230 Notice

- Excerpt from Affordable Care Act: Fees and Taxes 2015: Employer Shared Responsibility Fee:

• The employer shared responsibility fee is to encourage employers to offer health coverage or pay an amount to subsidize coverage through an exchange

• Two penalties:

• Big penalty

– If employer does not offer minimum essential coverage (“MEC”) to

95% of full-time employees (“FTs”); and

– 1 employee enrolls on exchange and receives subsidy

– Penalty is $2,000 x (number of employees – 30)

• Not as big penalty

– If employer does offer MEC to at least 95% of FTs, but coverage is

not both (a) minimum value, and (b) affordable; and

– 1 employee enrolls on exchange and receives subsidy

– $3,000 x number of employees who go to the exchange for

coverage and qualify for premium subsidy or cost sharing

– Capped at big penalty

Please see full Presentation below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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