Employee Benefits and Executive Compensation - 904113266X - 9789041132666

Photo of the title: Employee Benefits and Executive Compensation - 904113266X - 9789041132666

Edited by: David J. Reilly, Samuel Estreicher
May 2010, ISBN 904113266X
ISBN 13: 9789041132666
760 pp. Hardcover

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Most employers know that rewarding their best workers is good business. However, the “return” on such investment is difficult to measure, and wise employers think long and hard about two of their largest expense items – employee benefits and executive compensation. Today in the United States, under the glare of issues raised by the current financial crisis, company-sponsored benefits programs have become mere shadows of what they once were, and executive compensation has come under intense scrutiny to the point where the Treasury Department monitors it at companies receiving federal assistance. In recognition of the growing importance of employee benefits and executive compensation issues, the Center for Labor and Employment Law at New York University School of Law dedicated New York University’s 59th Annual Conference on Labor to an in-depth examination of these topics. This volume of the proceedings of the 2006 conference contains papers presented at that meeting, all here updated to reflect recent developments. It also includes contributions from other practitioners and academics with extensive knowledge and experience in this specialized field of labor and employment law. Among the topics presented and discussed are the following:

• the structure and adequacy of the U.S. system of providing for retirement income;

• alternative models of providing retirement benefits, including a government-provided livable pension;

• accounting standards as a “silent regulator” of defined benefit pension plans ;

• impact and implications of the Pension Protection Act of 2006 (PPA);

• benefits issues for foreign workers in the United States, both documented and undocumented;

• issues for companies that adopt stock acquisition programs as an employee compensation vehicle;

• recent healthcare reform proposals at the state level as pilot projects for a national system;

• the ERISA preemption scheme and denial of coverage under an ERISA-governed health care plan; and

• attorney conflict of interest situations under ERISA.

As always, this annual conference captures valuable insights and syntheses of central labor and employment law issues in the United States and will be of great value to practitioners and academics in the field.

Center for Labor and Employment Law at NYU School of Law Editor's Preface Part I Pension Benefits in the New Century Chapter 1 The Shift from Defined Benefit Plans to Defined Contribution Plans Samuel Estreicher & Laurence Gold Chapter 2 Is It Time to Admit the Failure of an Employer-Based Pension System? Susan J. Stabile Chapter 3 How FASB Hijacked U.S. Pension Policy Joel A. Willcher Chapter 4 Much Ado about the Meaning of "Benefit Accrual": The Issue of Age Discrimination in Hybrid Cash Balance Plan Qualification Is Dying but Not Yet Dead Barry Kozak and Joshua Waldbeser Chapter 5 The Defined Contribution Paradigm: Why It Happened and Why Social Security Accounts Didn't (at Least Not Yet) Edward A. Zelinsky Chapter 6 The Perfect Storm of Retirement Insecurity: Fixing the Three-Legged Stool of Social Security, Pensions, and Personal Savings Stephen F. Befort Part II Benefits and Compensation Issues for Multinational Employees Chapter 7 "The Longest Journey, with a First Step": Bringing Coherence to Sovereignty and Jurisdictional Issues in Global Employee Benefits Law Paul M. Secunda Chapter 8 Global Stock Option Plans: Registration, Disclosure, and Tax Issues Susan P. Serota Part III Managing Health Care Costs at the Bargaining Table and Beyond Chapter 9 Recent Agreements between Business and Unions Renews Interest in VEBAs but the Benefit Is Limited Michael Peterson Chapter 10 Retiree Medical Litigation's Dirty Little Secret: "Location, Location, Location!" James Baker, Andy Kramer, Evan Miller and Steve Sacher Chapter 11 The Past, Present, and Future of Health Care Reform: Can It Happen? David Pratt Chapter 12 Federalism, Federal Regulation, or Free Market? An Examination of Mandated Health Benefit Reform Amy B. Monahan Part IV ERISA Preemption Issues Chapter 13 Employer Mandates and ERISA Preemption: A Critique of Golden Gate Restaurant Association v. San Francisco Edward A. Zelinsky Chapter 14 Threading the Eye of the ERISA Needle: ERISA Preemption and Alternative Legal Schemes to Fill the Regulatory Vacuum Bernard D. Reams, Jr. and Michael P. Forrest Part V Section 409A Regulations and Executive Contracts Chapter 15 Has Congress Stopped Executives from Raiding the Bank? A Critical Analysis of I.R.C. §409A Michael J. Hussey Part VI Impact of New Pension Legislation Chapter 16 The Pension Protection Act of 2006: An Overview of Sweeping Changes in the Law Governing Retirement Plans Craig C. Martin and Joshua Rafsky Part VII Issues in Welfare Plan Administration Chapter 17 Inherent Attorney Conflicts of Interest under ERISA: Using the Model Rules of Professional Conduct to Discourage Joint Representation of Dual Role Fiduciaries Paul M. Secunda Chapter 18 What Process Is Due in the Adjudication of ERISA Claims Mark D. DeBofsky