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Compensation Planning & Employee Benefits
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“Yes, the rules are complicated and constantly changing. But I can help you understand them and find a solution that works best for you and your employees.”
Debra is a seasoned benefits lawyer advising clients on design, implementation and compliance matters relating to pensions, 401(k), ESOPs, health and welfare, fringe benefit and executive compensation programs.
Debra’s practice involves a full range of employee benefit programs, including defined benefit pension, cash balance, profit sharing, 401(k) and employee stock ownership (ESOP) plans; health, flexible benefits and other welfare benefit plans; stock-based compensation and equity-incentive plans; and non-qualified deferred and other executive compensation programs. She advises public, closely held and tax-exempt employers in a variety of industries on plan design, administration and compliance issues, helping them find a solution that best fits their business needs.
She speaks frequently at client seminars and joint seminars with other professional groups about benefit-related topics, including non-qualified deferred compensation and recent developments in retirement and health plans. In the past, she was an Adjunct Faculty at the University of St. Thomas, teaching courses in the administration of retirement and welfare benefit plans. She currently serves as a member of the Employee Benefits Council of the Minnesota State Bar Association.
December 28, 2020
By Compensation Planning & Employee Benefits Group
Congress passed the Consolidated Appropriations Act of 2021 containing additional COVID-19 relief for taxpayers and a provision that allows employers to amend their health and dependent care flexible spending account plans.
June 1, 2020
On December 20, 2019, the Setting Every Community Up for Retirement Enhancement Act of 2019 (the SECURE Act) was signed into law, bringing with it a number of significant changes to qualified retirement plans.
May 5, 2020
Due to the COVID-19 National Emergency, the DOL and IRS recognize that it may be difficult for plan sponsors to comply with various pre-established deadlines imposed under ERISA and the Code, and that it may be difficult for participants and beneficiaries to timely exercise their rights.
April 23, 2020
By Jessica D. Manivasager and Debra J. Linder
Can employers provide tax-free financial assistance to their employees during the COVID-19 outbreak?
April 2, 2020
By Kristin LeBre, Debra J. Linder and Edgar R. Ocampo
What is the difference between a furlough and a layoff and how do we know which term to use?
March 11, 2020
By Compensation Planning & Employee Benefits Group
There is concern that the HDHP deductible may be a barrier to participants seeking or receiving adequate testing and treatment for COVID-19.
February 28, 2020
By Compensation Planning & Employee Benefits Group
On December 20, 2019, the Setting Every Community Up for Retirement Enhancement Act of 2019 (the SECURE Act) was signed into law, bringing with it a number of significant changes to qualified retirement plans.
March 1, 2017
In 2016, the Department of Labor issued its final “conflicts of interest” rule, which broadens the definition of “fiduciary” and the scope of investment advice under the Employee Retirement Income Security Act of 1974, as amended.
December 22, 2016
On December 13, 2016, President Obama signed the 21st Century Cures Act (Cures Act). Included in the Cures Act are provisions that allow small employers to establish health reimbursement arrangements (HRAs) for their employees without risking penalties under the Affordable Care Act (ACA). In addition, the Cures Act extends excise tax relief for premium reimbursement arrangements that had been offered by small employers. That relief had expired in mid-2015, and has now been extended for all plan years beginning on or before December 31, 2016.
September 1, 2016
By Mary M. Krakow & Debra J. Linder
Banks and other employers may need to update their policies, practices and agreements due to recently enacted employment and benefits requirements, including the following:
April 7, 2016
By Debra J. Linder & Matthew T. Boos
On April 6, 2016, the Department of Labor issued its much-anticipated conflicts of interest final rule. Like the proposed rule, the final rule broadens the definition of fiduciary and will likely require more investment advisers to comply with the fiduciary rules under the Employee Retirement Income Security Act of 1974 (ERISA), as it applies to advice provided to both qualified retirement plan participants and IRA account holders.
April 21, 2015
A recent statement by President Barack Obama warned of future changes to the fiduciary duties for financial advisers. While requesting the Department of Labor to update its fiduciary rules, President Obama stated, “It’s a very simple principle: You want to give financial advice, you’ve got to put your client’s interests first.”
December 17, 2014
By Debra J. Linder & Lisa S. Robinson
We are near the end of the year and had hoped we would have some of the more highly anticipated regulations under the Affordable Care Act (ACA), such as auto-enrollment and nondiscrimination for fully-insured group health plans. To date, that guidance has not been issued. Nonetheless, we wanted to remind you of some recent developments and upcoming deadlines under the ACA.
February 14, 2014
By Debra J. Linder and Lisa S. Robinson
The final regulations implementing the employer mandate under the Affordable Care Act (ACA), commonly referred to as the employer “pay or play” provisions, were recently published.
November 14, 2013
By Compensation Planning & Employee Benefits Group
Recent guidance issued by the IRS and DOL may affect the design and structure of some of your benefits arrangements. The new guidance relates to the application of certain Affordable Care Act (ACA) provisions to health reimbursement arrangements (HRAs) and other medical reimbursement plans.
September 1, 2013
By Lisa S. Robinson & Debra J. Linder
The Internal Revenue Service recently issued guidance in how the Federal Tax Code will tax employee benefits with respect to married same-sex couples. Same-sex couples who are legally married in a state or foreign jurisdiction will be treated as spouses under the Code, even if the couple currently resides in a state that does not recognize same-sex marriage.
May 1, 2013
As you are no doubt aware, many aspects of the Affordable Care Act become effective on January 1, 2014. One of those requirements is the “shared responsibility” (sometimes called the “pay or play”) penalties that may be assessed on “applicable large employers.”
November 1, 2012
Do you have employment agreements, severance plans, change of control agreements or similar arrangements?
September 1, 2011
By Debra J. Linder & Krista A.P. Hatcher
Employee wellness programs have become increasingly popular as employers seek to control health insurance costs, improve the health and productivity of their workers, and reduce absenteeism.
September 1, 2011
Internal Revenue Code (IRC) § 162(m) imposes a $1 million deduction limit on compensation paid by a public corporation to certain executive officers. However, an exception applies to “qualified performance-based compensation,” which does not count against the deduction limit.
