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Most classes are open to both M.S. and LL.M. students unless otherwise indicated. Where the grade for LL.M. students is based on legal writing assignment, the professor will try to accomodate the M.S.students by basing grades on alternate non-legal writing assignments.
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Cash Or Deferred Arrangements (2) EB 354
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Prerequisites: Fundamentals I of Retirement Plan Issues
This course examines the design and administration of cash and deferred plans (also known as 401(k) plans), SIMPLE/IRA plans, SIMPLE/401(k) plans, SEPs, 403(b) plans and 457 plans. In determining whether to implement a cash and deferred arrangement, all of the various arrangements will be discussed. Once in place, the ongoing administration of such plans, including annual testing, use of plan loans, investment of plan assets, fiduciary issues, QDRO procedures and reporting and disclosure requirements will be highlighted. Unique uses of cash and deferred arrangements and in executive compensation contexts will also be analyzed.
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Contemporary Benefit Issues (2) EB 367
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Prerequisite: Fundamentals I of Retirement Plan Issues This course is intended for the tax practitioner who is well-versed in employee benefits law and wishes to keep abreast of timely issues that affect employee benefit plans. Current topics will include the impact of recent U.S. Supreme Court decisions, recent litigation involving stock drop cases and plan expenses, and Dept. of Labor guidance on fee disclosure. The course will also address non-ERISA federal laws on employee benefit plans (such as USERRA, FMLA, federal age and sex discrimination laws), Social Insurance Programs, accounting for employee benefit plans and related FASB issues, estate planning for plan distributions, and the priority of employee benefit plans in bankruptcy situations.
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Employee Benefits Litigation (2) EB 358
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Prerequisites: Survey of Retirement Plan Issues or Survey of Welfare Plan Issues This advanced course examines the litigation aspects of controversies and claims involving pension and retirement plans, health and medical plans, and other employee fringe benefit plans. The course covers all aspects of claims, defenses, pleadings, discovery, motions, trial and settlement approaches used in employee benefits litigation and dispute resolution. It is designed for attorneys handling litigation involving employee benefit plans and presumes a working knowledge of ERISA and the qualification requirements for various employee benefits plans under the Internal Revenue Code.
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Employee Benefits Practice and Procedure (2) EB 357
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Prerequisite: Fundamentals I of Retirement Plan Issues This course examines the federal administration of employee benefit plans under the Internal Revenue Code and ERISA, including requests for determination letters, private letter rulings, technical advice, preparation and filing of annual returns, audit procedures, administrative appeals, funding deficiencies, tax penalties and statute of limitations. Preparation of a determination letter request and plan amendments for a qualified retirement plan will be required.
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ERISA Fiduciary Law (2) EB 356
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Prerequisites: Survey of Retirement Plan Issues and Estates and Trusts I This course is designed to be a practical study of the fundamental structure of fiduciary responsibility under ERISA: the requisites for fiduciary status, the statutory bases of specific duties and prohibitions, and issues surrounding the management of plan assets. Timely topics, such as participant-directed investments and the evolving duty of disclosure, will also be discussed.
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Prerequisites: Fundamentals I and II of Retirement Plan Issues This course focuses on the use of employee stock ownership plans (ESOPs) as employee benefit plans, tools of corporate finance, and ownership succession strategies. The course will address tax consequences of establishing and maintaining such plans, the Code's qualification rules, and securities and accounting issues. Use of ESOPs in leveraged transactions, by Subchapter S corporations, and in conjunction with cash and deferred arrangements (KSOPs) will be examined.
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Executive Compensation Benefits: Advanced (2)
EB 369
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Prerequisite: Survey of Executive Compensation Plans This course is a continuation of Survey of Executive Compensation Plans, intended for the practitioner who wishes to specialize further in executive compensation. Various types of equity-based compensation plans and related securities law issues, change of control arrangements, executive compensation for multinationals and tax-exempts, and the uses of insurance in the executive compensation package will all be discussed. Where applicable, lectures will be supplemented with sample contracts and plans. Drafting exercises will be used as appropriate.
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Graduate Seminar: Employee Benefits Law (2) EB 368
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Prerequisite: Survey of Retirement Plans plus any other classes required by the professor This advanced level course is offered to prepare the student for the real world after leaving the purely academic environment. The course is restructured each time it is offered so that current topics are discussed and so that the most relevant practitioners can participate as guest lecturers. Grades will be determined on participation in seminar discussions and on a specific writing requirement (which will be communicated on the first day of the class).
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International Employee Benefits (1) EB 388
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Prerequisites: Fundamentals I and II of Retirement Plan Issues This course is intended to familiarize the practitioner with issues arising from the use of employee benefit plans in the international context. Such plans include a variety of deferred compensation arrangements, including qualified pension, profit sharing, stock bonus and ESOPs, as well as nonqualified plans, individual deferral arrangements and stock-based purchase plan. The tax effects of such plans on the U.S. employer, as well as the employee of a multinational company will be discussed.
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Independent Employee Benefit Research (1 - 3 hrs)
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Once the student selects an appropriate topic and finds a professor to supervise the research, the student decides on the credit hours to be earned (25 typed pages exclusive of footnotes for 1 credit hour; 40 typed pages exclusive of footnotes for 2 credit hours; 50 typed pages exclusive of footnotes for 3 credit hours).
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Specialized Employee Benefit Plans (2) EB 366
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Prerequisite: Fundamentals I of Retirement Plan Issues Intended for the tax practitioner who has a firm foundation of the rules governing retirement plans, this course examines the additional tax rules applicable to specialized retirement plans. Specialized plans discussed include cash and deferred arrangements, state and local governmental plans, tax-deferred annuity plans, multi-employer plans, foreign pension plans, ESOPs, IRAs and SIMPLEs, retirement plans for small businesses and the self-employed, cash balance plans and target benefit plans. Drafting of plan documents will also be discussed.
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Welfare Benefits Plans: Tax, Legal and Design Issues (2) EB 364
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Prerequisite: Survey of Welfare Plan Issues This course goes beyond the basic course of Survey of Welfare Plan Issues and examines the specific tax, legal and design rules affecting welfare benefit plans, including flexible benefit plans and flexible spending accounts. Also discussed are the various insurance and self-insured funding instruments, including Section 501(c)(9) trusts, that are used in connection with these benefits. Timely topics such as post-retirement medical benefits for retirees, long-term care, and relevant case law are also discussed.
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