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ERISA Teleconference

The ABA Joint Committee on Employee Benefits and the American College of Employee Benefits Counsel is sponsoring a 90-minute teleconference and live audio webcast on Tuesday, January 30, 2007 entitled ERISA Basics Series:  Working With Employee “Cash or Deferred” Arrangements — What You Need to Know About Section 401(k).  Here is a description of the program:

401(k) plans have become the retirement vehicle of choice for employers of all sizes.  Code Section 401(k) generally allows employers to establish a “cash or deferred” arrangement under which eligible employees may elect to make pre-tax contributions under a tax‑qualified defined contribution plan.  A number of rules apply to these plans, including special nondiscrimination rules under sections 401(k)/(m) and in-service withdrawal restrictions.  The panel will, among other topics, cover the following:

    • What qualifies as a “cash or deferred” arrangement (CODA)
    • Automatic enrollment and related ERISA fiduciary issues
    • The actual deferral percentage (ADP) and actual contribution percentage (ACP) nondiscrimination tests and correcting ADP/ACP failures
    • In-services withdrawal restrictions/rules
    • The “contingent benefit” rule
    • The special “safe harbor” contribution rules