Thursday – February 2, 2017
Topic: ERISA Update: Enforcement Initiatives, Common Mistakes, Self Audits, Correction Programs, Plan Sponsor’s Fiduciary Obligations, and the New Fiduciary Rule
Employers who sponsor pension plans, including 401(k) plans and health and welfare benefit plans, are fiduciaries subject to standards of conduct under the Employee Retirement Income Security Act (ERISA). Fiduciaries have important responsibilities under ERISA, and many plan sponsors fail to appreciate these obligations. They also may fail to understand that these fiduciary responsibilities cannot be eliminated by delegation to service providers and third party administrators. Many fiduciaries do not even know that they are “fiduciaries” under ERISA.
This program is intended to provide an overview of the fiduciary duties imposed on key employees responsible for plan administration and common mistakes in plan administration. If you are responsible for plan administration, you need to assure that you: (1) understand your obligations; (2) have the support to discharge your obligations; (3) understand the oversight of plan service providers; and (4) have indemnification from the company to defend you in the event of a claim that you breached a fiduciary duty owed to the plan and the plan participants.
Debra Dyleski-Najjar and Adam Pozek, thought leaders in the ERISA industry, will discuss DOL and IRS enforcement initiatives, common mistakes, correction programs, fiduciary obligations, fee bench marking and the new service provider fiduciary rule which will be effective April 10, 2017.
Presenters: Debra Dyleski-Najjar and Adam Pozek
Debra Dyleski-Najjar, Esq., APM, founded the Najjar Employment Law Group, PC, in April, 2008 as a labor, employment and benefits boutique law firm designed to provide top quality advice, as well as litigation expertise, for employers at reasonable rates. Ms. Najjar is a graduate of Boston University School of Law, third in her class, and a magna cum laude graduate of Wellesley College. She is admitted to practice in the state and federal courts of Massachusetts, New Hampshire, and Maine as well as the United States Supreme Court. Ms. Najjar has extensive experience representing employers in litigation under ERISA, in complex plan corrections, and in termination of underfunded pension plans. She also consults with and advises plan sponsors concerning fiduciary matters, best practices, and compliance audits.
Due to Ms. Najjar’s significant professional accomplishments, in 2007, she was nominated by her peers and inducted as a Fellow of the College of Labor and Employment Lawyers. She is an AV rated attorney in Martindale Hubbell, recognized in the Registry of Preeminent Women Lawyers and a credentialed member of the American Society of Pension Professionals & Actuaries. She also has been recognized by Who’s Who for her many accomplishments. Ms. Najjar is a member of the Employment Law Section of the American Bar Association, and active in the ABA International Labor and Employment Law subcommittee. She also is a member of the Continuing Education Committee of the New Hampshire Bar Association (NHBA), moderator of the Annual Labor and Employment Update, and past chair of the Labor and Employment Law Committee. She is a member of the 2005 graduating class of Leadership New Hampshire, and has been recognized as a New England Super Lawyer each year since 2005, a recognition bestowed on only 5% of attorneys in New England. She serves on various non-profit boards, is the Legislative Director of the GMVHRA, and is an active member of the SHRM A-Team.
Adam C. Pozek, ERPA, QPA, CPFA, Partner DWC ERISA Consultants, LLC, is a nationally known author and speaker with more than 25 years of experience in the retirement plan industry. As a partner at DWC, Adam is known for designing customized plans for clients and assessing benefit programs in relation to mergers and acquisitions. He also consults with plan fiduciaries to help them establish and document prudent practices as required by ERISA. Adam is actively involved with the American Society of Pension Professionals & Actuaries (ASPPA) where he serves as President-Elect, member of the Leadership Council and member of the Government Affairs Committee (Steering Committee and Chair of the IRS Q&A Subcommittee). He is also a member of the board of directors of the American Retirement Association. Adam's articles have been published in The Journal of Pension Benefits, The Journal of Financial Services Professionals, Plan Consultant Magazine and The 403(b) Advisor. He has provided testimony to the ERISA Advisory Council and co-authored several comment letters and proposals to the Treasury Department and Congress.
CREDENTIALS & EDUCATION
· Enrolled Retirement Plan Agent (ERPA) – Internal Revenue Service
· Qualified Pension Administrator (QPA) – ASPPA
· Qualified 401(k) Administrator (QKA) – ASPPA
· Certified Plan Fiduciary Advisor (CPFA) – NAPA
· Registered Employee Benefits Consultant (REBC) – The American College
· Registered Health Underwriter (RHU) – The American College
INDUSTRY INVOLVEMENT & PROFESSIONAL ACCOMPLISHMENTS
· Co-editor-in-chief of The Journal of Pension Benefits
· Past member of the IRS Advisory Committee on Tax Exempt and Government Entities
· National Association of Plan Advisors (NAPA), member
· National Tax-deferred Savings Association (NTSA), member
· Guest lecturer for the John Marshall Law School
· Adjunct professor (online) for the University of Minnesota Carlson School of Management
A trusted advisor to America’s best businesses for nearly 30 years, Insperity has been an industry-leading HR services provider. With 60 offices across the U.S., we've helped more than 100,000 businesses.
The Insperity® Workforce Optimization® solution is the most comprehensive offering in the marketplace, delivering administrative relief, better benefits, reduced liabilities and a systematic way to improve productivity. This solution includes a bundle of HR services such as employment administration, government compliance, employee benefits plan sponsorship, workers’ compensation, payroll and payroll tax administration, policies and best practices, and training and development programs, among others.
More information and online registration:
GMVHRA - 2017-02-02 - ERISA Update: Enforcement Initiatives, Common Mistakes, Self Audits, Correction Programs, Plan Sponsor's Fiduciary Obligations, and the New Fiduciary Rule
8:00 AM - 8:30 AM Check-In & Networking
8:30 AM - 8:45 AM Welcome New Members & Guests
8:45 AM - 9:00 AM Chapter Business / Legislative Update
9:00 AM - 9:10 AM Sponsor
9:10 AM -10:30 AM Program
LOCATION: Elder Services of the Merrimack Valley, 280 Merrimack St, 4th Floor, Suite 400, Lawrence, MA, (Entrance North B)
*Join GMVRA’s LinkedIn group to share knowledge with your HR colleagues*
For more information:
Contact: Carolyn Foster