2013 ERISA Outline Book

Sal L. Tripodi, APM, J.D., LL.M

The ERISA Outline Book, by Sal L. Tripodi, APM, J.D., LL.M., is available in print or online format, with flexible ordering options for multiple users. The ERISA Outline Book, Print Edition is an eight-volume book set presented in outline format and fully indexed. The ERISA Outline Book Online Edition is a fully searchable and cross-referenced Web site, containing the same information included in the print edition. Each Online Edition subscription provides 12 months of full access to the online version of the ERISA Outline Book.

The ERISA Outline Book is both a reference book and a study guide on qualified plans, and it is the recommended study resource for IRS Enrolled Retirement Plan Agent (ERPA) Program. For more information on the ERPA program, visit www.erpaexam.org/. For more information on The ERISA Outline Book, visit the ASPPA EOB page at www.asppa.org/eob.

Volume 1

  • Chapter 1A, Important Definitions (A-M) Sal L. Tripodi, APM, J.D., LL.M. Chapter 1A, Important Definitions (A-M)
    Author(s): Sal L. Tripodi, APM, J.D., LL.M.
    Abstract:

    Definitions include: affiliated service groups, attribution of ownership, compensation definitions, controlled groups of businesses, Davis-Bacon plans, disqualified person definition for prohibited transactions purposes, earned income, elapsed time method of crediting service, governmental plans, health savings accounts (HSAs), highly compensated employee definition, hours of service, Indian tribal governments, IRAs (including Roth IRAs), key employee definition, leased employees, limited liability company, and many others.

    Chapter: 1a
    Starts on page: Starts on page 1A.1
  • Chapter 1B, Important Definitions (N-Z) Sal L. Tripodi, APM, J.D., LL.M. Chapter 1B, Important Definitions (N-Z)
    Author(s): Sal L. Tripodi, APM, J.D., LL.M.
    Abstract:

    Definitions include: nonqualified plans, practice before the IRS (Circular 230, practitioner categories, PTIN requirements), qualified separate lines of business, remedial amendment period, Roth conversion, section 401(k) arrangement, section 403(b) plan, section 457 plan, shared employees, top hat plans, top heavy ratio calculation, and many others

    Chapter: 1b
    Starts on page: Starts on page 1B.1
  • Chapter 2, Eligibility Rules Sal L. Tripodi, APM, J.D., LL.M. Chapter 2, Eligibility Rules
    Author(s): Sal L. Tripodi, APM, J.D., LL.M.
    Abstract:

    Topics covered include: Minimum age and service requirements, year of service and break in service calculations for eligibility purposes, re-employment issues, amending eligibility conditions to eliminate certain participants.

    Chapter: 2
    Starts on page: Starts on page 2.1

Volume 2

  • Chapter 3A, Accruing Benefits - Part 1: DC Plan Allocations, DB Plan Accruals Sal L. Tripodi, APM, J.D., LL.M. Chapter 3A, Accruing Benefits - Part 1: DC Plan Allocations, DB Plan Accruals
    Author(s): Sal L. Tripodi, APM, J.D., LL.M.
    Abstract:

    Appendix A: Illustrations of Benefit Accruals Under Defined Contribution Plans, starts on page 3A.301.

    Appendix B: Illustrations of Benefit Accruals Under Defined Benefit Plans, starts on page 3A.305.

    Appendix C: Sample Plan Language for Automatic Enrollment Features in a 401(k) Plan, starts on page 3A.311.

    Topics covered include: Allocation formulas, different types of plans, accrual requirements, design issues for 401(k) plans, automatic enrollment, ESOPs, diversification rights with respect to employer securities, allocation of forfeitures, earnings allocation, defined benefit plan accrual formulas (traditional formulas and cash balance formulas), eligible combined plans (defined benefit plan and 401(k) plan combined), employee after-tax contributions.

    Chapter: 3a
    Starts on page: Starts on page 3A.1
  • Chapter 3B, Accruing Benefits - Part 2: Special Rules, Protection of Benefits Sal L. Tripodi, APM, J.D., LL.M. Chapter 3B, Accruing Benefits - Part 2: Special Rules, Protection of Benefits
    Author(s): Sal L. Tripodi, APM, J.D., LL.M.
    Abstract:

    Appendix A: Payment of Plan Expenses With Plan Assets - A Checklist, starts on page 3B.611.

    Appendix B: Guidance on Settlor vs. Plan Expenses (Six Hypotheticals), starts on page 3B.615.

    Appendix C: Excerpts from USERRA, starts on page 3B.621.

    Appendix D: Minimum Funding Waiver Requests, starts on page 3B.641.

    Appendix E: Table of Present Values of PBGC Maximum Guaranteed Benefit, starts on page 3B.651.

    Appendix F: Sample Amendment to Satisfy Plan Document Requirements Pertaining to IRC §436, starts on page 3B.661.

    Topics covered include: Compensation dollar limit, self-employed individuals, top heavy minimum benefit, life insurance in the plan, health benefits in the plan, transfer of surplus assets to fund retiree health benefits, military service rules, minimum funding requirements, benefit restrictions for certain underfunded plans (IRC §436), age discrimination testing (including rules for cash balance plans and other statutory hybrid plans), payment of expenses with plan assets, military service credits, anti-cutback rule, antiassignment rule, exclusive benefit rule.

    Chapter: 3b
    Starts on page: Starts on page 3B.1
  • Chapter 4, Vesting Rules Sal L. Tripodi, APM, J.D., LL.M. Chapter 4, Vesting Rules
    Author(s): Sal L. Tripodi, APM, J.D., LL.M.
    Abstract:

    Topics covered include: Using a vesting schedule, differences in vesting requirements between defined benefit plans and defined contribution plans, years of service and breaks in service for vesting purposes, amendment of the vesting schedule, crediting service with prior employers, re-employment issues, timing of forfeitures, cash-out distributions, vesting upon plan termination or partial termination, merger issues.

    Chapter: 4
    Starts on page: Starts on page 4.1

Volume 3

  • Chapter 5, Section 415 Limits Sal L. Tripodi, APM, J.D., LL.M. Chapter 5, Section 415 Limits
    Author(s): Sal L. Tripodi, APM, J.D., LL.M.
    Abstract:

    Topics covered include: Annual additions under a defined contribution plan, correcting violations, returning elective deferrals and employee contributions, defined benefit plan limitations, special limitations for governmental plans and certain tax-exempt organizations, permissive service credits, how section 415 limits affect plan design, special aggregation rules for 403(b) plans, multiple employer plans and multiemployer plans, predecessor employer issues.

    Chapter: 5
    Starts on page: Starts on page 5.1
  • Chapter 6, Plan Distributions Sal L. Tripodi, APM, J.D., LL.M. Chapter 6, Plan Distributions
    Author(s): Sal L. Tripodi, APM, J.D., LL.M.
    Abstract:

    Appendix A: Notice and Consent Requirements Relating to Participant Distributions, starts on page 6.621.

    Appendix B: Model Rollover Notice (released in Notice 2009-68), starts on page 6.623

    Appendix C: Model Amendments for the Final Minimum Distribution Regulations, starts on page 6.641

    Appendix D: IRC §411(d)(6)(B) Overview, starts on page 6.661

    Appendix E: Sample Forms for Orphan DC Plan Terminations, starts on page 6.671

    Appendix F: Sample Form for Fiduciary Safe Harbor Distribution for Terminated Defined Contribution Plan, starts on page 6.685

    Topics covered include: Payment methods, qualified joint and survivor annuity, determining actuarial equivalence (including 3 segment rate approach for post-2007 lump sums), special issues for cash balance plans and other statutory hybrid plans, protected optional forms of benefit and rules allowing the elimination of certain optional forms of benefit, early retirement benefits, and retirement-type subsidies, restrictions on distributions, 401(k) hardship withdrawals, permissible withdrawals under eligible automatic contribution arrangements (EACAs), special distribution rules for terminated 401(k) plans, special rules for ESOPs, notice and consent rules, electronic consent rules, automatic rollovers under IRC §401(a)(31)(B), special issues when plan terminates, qualified preretirement survivor annuity, death benefits, QDRO distributions, minimum distributions after age 70½, minimum distributions after death of participant, table of distribution period factors.

    Chapter: 6
    Starts on page: Starts on page 6.1

Volume 4

  • Chapter 7, Taxation Rules Sal L. Tripodi, APM, J.D., LL.M. Chapter 7, Taxation Rules
    Author(s): Sal L. Tripodi, APM, J.D., LL.M.
    Abstract:

    Appendix: Safe Harbor Percentage Table, page 8.201.

    Topics covered include: Excludable employees, determining who is benefiting under the plan, ratio test, average benefits test, special testing rules for 401(k) plans, aggregation and disaggregation rules, otherwise excludable employees, merger issues, QSLOB testing, separate testing of otherwise excludable employees, correction of violations, minimum participation test.

    Chapter: 7
    Starts on page: Starts on page 7.1
  • Chapter 8, Coverage Testing Sal L. Tripodi, APM, J.D., LL.M. Chapter 8, Coverage Testing
    Author(s): Sal L. Tripodi, APM, J.D., LL.M.
    Abstract:

    Appendix A: Actuarial Factor Table for "Cross-testing" Defined Contribution Plans, page 9.211

    Appendix B: Funding Factors for Target Benefit Plans, page 9.212

    Appendix C: Sample “New Comparability” Profit Sharing Plan Case Studies, page 9.214

    Topics covered include: Safe harbor designs for defined contribution plans and defined benefit plans, compensation issues, rate group testing for non-safe-harbor plans, cross-testing (including “gateway” requirements that must be satisfied by cross-tested defined contribution plans), target benefit plan funding, special testing issues for defined benefit plans, availability of benefits, rights and features, aggregation and disaggregation rules, merger issues, correction of violations.

    Chapter:

    8

    Starts on page: Starts on page 8.1

Volume 5

  • Chapter 9, Nondiscrimination Testing Sal L. Tripodi, APM, J.D., LL.M. Chapter 9, Nondiscrimination Testing
    Author(s): Sal L. Tripodi, APM, J.D., LL.M.
    Abstract:

    Appendix A: Actuarial Factor Table for "Cross-testing" Defined Contribution Plans, page 9.211

    Appendix B: Funding Factors for Target Benefit Plans, page 9.212

    Appendix C: Sample “New Comparability” Profit Sharing Plan Case Studies, page 9.214

    Topics covered include: Safe harbor designs for defined contribution plans and defined benefit plans, compensation issues, rate group testing for non-safe-harbor plans, cross-testing (including “gateway” requirements that must be satisfied by cross-tested defined contribution plans), target benefit plan funding, special testing issues for defined benefit plans, availability of benefits, rights and features, aggregation and disaggregation rules, merger issues, correction of violations.

    Chapter: 09
    Starts on page: Starts on page 9.1
  • Chapter 10, Permitted Disparity Sal L. Tripodi, APM, J.D., LL.M. Chapter 10, Permitted Disparity
    Author(s): Sal L. Tripodi, APM, J.D., LL.M.
    Abstract:

    Appendix A: Covered Compensation and Taxable Wage Base Tables, starts on page 10.101

    Topics covered include: Safe harbor permitted disparity allocation formulas for defined contribution plans, safe harbor permitted disparity benefit formulas for defined benefit plans, rules for imputing permitted disparity under defined contribution and defined benefit plans, cumulative disparity limitation.

    Chapter: 10
    Starts on page: Starts on page 10.1
  • Chapter 11, 401(k) and 401(m) Testing Sal L. Tripodi, APM, J.D., LL.M. Chapter 11, 401(k) and 401(m) Testing
    Author(s): Sal L. Tripodi, APM, J.D., LL.M.
    Abstract:

    Appendix A: Checklist of Requirements for SIMPLE plans, starts on page 12.103

    Appendix B: Table Comparing SIMPLE-IRA Plans to SIMPLE-401(k) Plans, starts on page 12.111

    Appendix C: Table Comparing SARSEPs with SIMPLE-IRA Plans, starts on page 12.121

    Appendix D: Sample Automatic Enrollment Language for SIMPLE-IRA Plans, starts on page 12.131

    Topics covered include: Technical requirements for a SEP, taxation rules for SEPs, SEP documentation, requirements for SIMPLE plans, contribution limits for SIMPLE plans (including catch-up contributions under IRC §414(v)), SIMPLE-401(k) plans, ERISA requirements for SEPs and SIMPLE plans, comparison of qualified plans with SEPs and SIMPLE plans.

    Chapter: 11
    Starts on page: Starts on page 11.1
  • Chapter 12, Simplified Employed Pensions (SEPs) and SIMPLE-IRA plans Sal L. Tripodi, APM, J.D., LL.M. Chapter 12, Simplified Employed Pensions (SEPs) and SIMPLE-IRA plans
    Author(s): Sal L. Tripodi, APM, J.D., LL.M.
    Abstract:

    Appendix A: Checklist of Requirements for SIMPLE plans, starts on page 12.103

    Appendix B: Table Comparing SIMPLE-IRA Plans to SIMPLE-401(k) Plans, starts on page 12.111

    Appendix C: Table Comparing SARSEPs with SIMPLE-IRA Plans, starts on page 12.121

    Appendix D: Sample Automatic Enrollment Language for SIMPLE-IRA Plans, starts on page 12.131

    Topics covered include: Technical requirements for a SEP, taxation rules for SEPs, SEP documentation, requirements for SIMPLE plans, contribution limits for SIMPLE plans (including catch-up contributions under IRC §414(v)), SIMPLE-401(k) plans, ERISA requirements for SEPs and SIMPLE plans, comparison of qualified plans with SEPs and SIMPLE plans.

    Chapter: 12
    Starts on page: Starts on page 12.1

Volume 6

  • Chapter 13A, Title I of ERISA - Part 1 (Reporting and Disclosure Requirements; Minimum Plan Standards) Sal L. Tripodi, APM, J.D., LL.M. Chapter 13A, Title I of ERISA - Part 1 (Reporting and Disclosure Requirements; Minimum Plan Standards)
    Author(s): Sal L. Tripodi, APM, J.D., LL.M.
    Abstract:

    Appendix A: Reportable Events to PBGC, starts on page 13A.461

    Appendix B: Inflation Adjustments on Civil Penalties, starts on page 13A.475

    Appendix C: Model Blackout Notice, starts on page 13A.481

    Appendix D: PBGC Rules for Filings and Submissions - Proper Methods, Date of Filing, Computing Time, Electronic Recordkeeping, starts on page 13A.483

    Appendix E: Model Diversification Notice, starts on page 13A.493

    Appendix F: Model Annual Funding Notice, starts on page 13A.495

    Appendix G: Form 5500 Table, starts on page 13A.511

    Topics covered include: Overview of Title I of ERISA and citations chart, determining who is subject to Title I of ERISA, Form 5500 reporting (including the EFAST2 system), SSA reporting (Form 8955-SSA), other reporting requirements imposed by DOL, IRS and PBGC, PBGC premium calculations (including variable rate premium), PBGC termination procedures and allocation of assets under ERISA §4044, summary plan descriptions and other disclosure requirements (including advance notice of blackout periods, periodic benefit statements, annual funding notices for defined benefit plans, diversification rights notice), minimum standards for eligibility, vesting, accruals, distributions and funding (with cross-reference to tax code requirements for qualification).

    Chapter: 13a
    Starts on page: Starts on page 13A.1
  • Chapter 13B, Title I of ERISA - Part 2 (Fiduciary Issues and Enforcement) Sal L. Tripodi, APM, J.D., LL.M. Chapter 13B, Title I of ERISA - Part 2 (Fiduciary Issues and Enforcement)
    Author(s): Sal L. Tripodi, APM, J.D., LL.M.
    Abstract:

    Appendix A: Table of Breaches Under VFC Program, starts on page 13B.801

    Appendix B: Model Comparative Chart: Fee Disclosures Under Participant-Directed Plans, page 13B.821

    Topics covered include: Overview of Title I of ERISA and citations chart, who is a fiduciary (including proposed expansion of fiduciary definition with respect to the rendering of investment advice), plan asset definition, transmission of participant contributions (including 401(k) deferrals), bonding requirements, default investment safe harbor for participant-directed plans, fiduciary duties and responsibilities, prudence, fiduciary liability, participant-directed accounts (including mandatory fee disclosure requirements effective for plan years beginning on or after November 1, 2011), qualified default investment alternatives (QDIAs) under ERISA §404(c)(5) (including expanded disclosure requirements for target date funds), civil actions, ERISA remedies, scrivener’s errors, ERISA preemption, criminal and civil penalties, settlements, restorative payments, DOL’s Voluntary Fiduciary Correction program, SAVER Act.

    Chapter: 13b
    Starts on page: Starts on page 13B.1
  • Chapter 14, Prohibited Transactions Sal L. Tripodi, APM, J.D., LL.M. Chapter 14, Prohibited Transactions
    Author(s): Sal L. Tripodi, APM, J.D., LL.M.
    Abstract:

    Appendix A: Model Fiduciary Adviser Disclosure, page 14.301

    Appendix B: Sample Notice for Delinquent Service Provider Disclosure, page 14.305

    Topics covered include: Sale or lease of property, fair market value exemption, lending transactions, participant loan exemption, furnishing goods or services, exemption for reasonable compensation for necessary services (including fee disclosure requirements for certain service providers, effective July 16, 2011), use of plan assets, self-dealing, investment advice exemption, class exemptions (including exemptions for investment transactions generating commissions and other fees), 12b-1 fees, qualifying employer securities, qualifying employer real property, special rules for S corporations and unincorporated businesses, correction of prohibited transactions, calculation of excise tax, Title I issues.

    Chapter: 14
    Starts on page: Starts on page 14.1

Volume 7

  • Chapter 15, Tables, Checklists, and Quick Reference Guides Sal L. Tripodi, APM, J.D., LL.M. Chapter 15, Tables, Checklists, and Quick Reference Guides
    Author(s): Sal L. Tripodi, APM, J.D., LL.M.
    Abstract:

    Topics covered include: table of indexed dollar limitations, life expectancy tables, factor tables for projecting accumulation of benefits, determining annual funding, and converting lump sums to annuities, rate tables (including composite corporate bond rates, 30-year Treasury rates, corporate bond yield curve segment rate, monthly spot segment rates, minimum present value segment rates, federal mid-term rates, weighted average interest rates, quarterly interest rate charges for underpayment of federal taxes, PBGC interest rates for computing lump sum distributions, PBGC interest rates for variable rate premium calculations), a guide to user fees and the determination letter process, a guide to how plans are categories, a plan design checklist, a plan administration checklist, GUST operational compliance checklist and EGTRRA documentation checklist, responsibilities of plan sponsorship checklist, USERRA checklist, short plan year checklist, checklist of “red flags” in plan design, a checklist on the uses of compensation definitions, a checklist on issues pertaining to rehired employees, a QDRO checklist, a checklist on issues relating to takeover plans by service providers, a reporting and disclosure table, a coverage and nondiscrimination testing flowchart, a compliance checklist for coverage and nondiscrimination testing, a guide to plan disqualification and IRS resolution options under the Employee Plans Compliance Resolution System, a mergers, spin-offs, and transfers checklist, a plan termination checklist, and summaries of the Small Business Job Protection Act of 1996,the Taxpayer Relief Act of 1997, the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), the Job Creation and Workers Assistance Act of 2002 (JCWAA), and the Sarbanes-Oxley Act of 2002, sample plan amendments for conforming documents to EGTRRA, table of EGTRRA effective dates, reference in The ERISA Outline Book to the Pension Protection Act of 2006 (PPA 2006), effective date table for the PPA 2006 changes, HEART ACT provisions, the Worker, Retiree, and Employer Relief Act, the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, the Small Business Jobs and Credit Act of 2010, the IRS Cumulative Lists of Qualifications Requirements (used for review of plans under staggered remedial amendment cycles).

    Chapter: 15
    Starts on page: Starts on page 15.1
  • Chapter 16, Other Employer-Sponsored Deferred Compensation Plans (Section 403(b) plans, Section 457 plans, Nonqualified Deferred Compensation Plans) Sal L. Tripodi, APM, J.D., LL.M. Chapter 16, Other Employer-Sponsored Deferred Compensation Plans (Section 403(b) plans, Section 457 plans, Nonqualified Deferred Compensation Plans)
    Author(s): Sal L. Tripodi, APM, J.D., LL.M.
    Abstract:

    Topics covered include: Overview of 403(b) regulations, eligible employers and eligible employees for 403(b) plans, permissible funding vehicles for 403(b) plans, timing of 403(b) plan distributions, nondiscrimination testing requirements for 403(b) plans, written document requirements for 403(b) plans and approval procedures, contribution limits for 403(b) plans (including the special limit under IRC §402(g)(7)), taxation of distributions from 403(b) plans, rollover rules for 403(b) plans, direct transfers between 403(b) plans and contract exchanges, application of Title I of ERISA and the prohibited transaction rules for 403(b) plans, effect of failure to satisfy 403(b) requirements, eligible deferred compensation plans under IRC §457(b), differences between 457(b) plans maintained by governmental entities and by private tax-exempt organizations, special 457 catch-up limit, individual limitation under IRC §457(b), distribution restrictions under section 457(b) plans, taxation of distributions for 457(b) plans, rollover rules for 457(b) plans and plan-to-plan transfers, ineligible deferred compensation plans under IRC §457(b), arrangements that are exempt from IRC §457, coordination between IRC §457 and IRC §83, effect of a loss of eligible employer status under IRC §457, basic principles of nonqualified deferred compensation, IRC §409A rules, tax sanctions under IRC §409A, substantial risk of forfeiture, item guidance on gross income reporting under IRC §409A, correction programs for operational and document failures under IRC §409A, definition of nonqualified deferred compensation, exception for short-term deferrals, application of IRC §409A to stock rights, separation pay arrangements, definition of “plan” for IRC §409A purposes, plan aggregation rules under IRC §409A, timing and form of payments under IRC §409A plans, anti-acceleration rule, change in control events, election requirements under IRC §409A (initial deferral elections, subsequent deferral elections to change initial election), offshore rabbi trusts, W-2 reporting for IRC §409A plans, effective date of IRC §409A and transition rules, application of FICA to nonqualified deferred compensation, tandem arrangements between nonqualified plans and 401(k) plans, transfers of nonqualified deferral compensation interests pursuant to divorce, “secular” trusts under IRC §402(b), “tax indifferent” entities under IRC §457A

    Chapter: 16
    Starts on page: Starts on page 16.1

Index Volume

  • ERISA Outline Book Index Sal L. Tripodi, J.D., LL.M ERISA Outline Book Index
    Author(s): Sal L. Tripodi, J.D., LL.M
    Abstract:

    Provides references into book by key words or phrases.

    The index volume cross-references into all seven volumes

    Chapter: 00