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Estoppel in ERISA Claims

Posted by Corey F. Schechter | Jun 19, 2017 | 0 Comments

Equitable estoppel is a legal doctrine where a party who relies on the misrepresentation of another should not be harmed as a result. The doctrine has a long history, but limited application in ERISA litigation. ERISA does not explicitly provide for “equitable estoppel” as a remedy for plan parti...

Will California Establish Its Own Estate Tax?

Posted by Paul D. Woodard | Jun 13, 2017 | 0 Comments

The federal estate tax is assessed on an individual's property and assets after they die. According to the Office of Management and Budget, in 2014, the estate tax generated over $19 billion at the federal level. However, in reality, most taxpayers never come close to paying estate taxes because ...

Church-Affiliated Hospitals Win ERISA Exemption

Posted by Paul D. Woodard | Jun 09, 2017 | 0 Comments

Historically, a number of large hospital systems in the U.S. were established by churches or religious organizations. The Employee Retirement Income Security Act of 1974 (ERISA) regulates most private employer retirement and benefits plans. ERISA mandates minimum funding and reporting requirement...

New Ruling Emphasizes the Significance of Language in Marital Settlement Agreements and the Importance of Qualified Domestic Relations Orders

Posted by Corey F. Schechter | Jun 08, 2017 | 0 Comments

Contributing Author: Dianne L. Schechter On May 23, 2017, the Fourth Appellate District for the Court of Appeal of the State of California filed an opinion in the case of In re the Marriage of Misti and Tim Janes (Cal. App. 4th, E065668). Misti and Tim Janes were married in September 1992 and s...

Incentive Programs - Are They Subject to ERISA?

Posted by Paul D. Woodard | Jun 06, 2017 | 0 Comments

Most company health and retirement benefit plans are subject to the regulations set forth under the Employee Retirement Income Security Act of 1974 (ERISA). However, other benefits programs, including employer bonus or incentive programs, are set up with the understanding that ERISA does not appl...

The Divorce/Legal Separation Is Final, But You’re Likely Not Done Yet: A Checklist For Getting Your QDRO Prepared Correctly The First Time

Posted by Corey F. Schechter | May 12, 2017 | 0 Comments

Contributing Author: Dianne Schechter, Paralegal The divorce process is full of details, stress, and decisions.  After the divorce is final, you and your divorce lawyer cannot drop the ball and ignore performance under the terms of the final judgment.  If your final divorce decree or marital set...

Mid-Year Changes to Your Safe Harbor Plan

Posted by Paul D. Woodard | May 11, 2017 | 0 Comments

The Internal Revenue Code (IRC) has nondiscrimination requirements for 401(k) retirement plans subject to the annual actual deferral percentage (ADP) test. However, plan sponsors can avoid ADP testing for their 401(k) plan through meeting the requirements for a safe harbor plan. A safe harbor 401...

Build a Better 401(k)

Posted by Corey F. Schechter | May 09, 2017 | 0 Comments

Most 401(k) participants sit through a single presentation by their company's retirement plan representative. They fill out a few forms, designate a beneficiary, and allocate their contributions to a few selected plans. After that, they may never take any action involving their 401(k) plan again....

The Hunt for the Missing Pension Plan Participant

Posted by Paul D. Woodard | May 08, 2017 | 0 Comments

Pension plan sponsors owe a fiduciary duty to plan participants. As part of their fiduciary duty, plan sponsors must act prudently and run the plan solely in the interest of participants and beneficiaries. Some plan sponsors may forget that this duty extends to vested participants even after they...

National Small Business Week, April 30 to May 6: Successful Retirement Strategies for Small Business Owners – Your Future is NOW!

Posted by Paul D. Woodard | May 02, 2017 | 0 Comments

Contributing Author: Kristine M. Custodio, Advanced Certified Paralegal Since it is National Small Business Week, I will be focusing my blog posts this week on empowering the small business owner for success throughout the life cycle of their business. According to the Small Business Administrat...

Wills for Heroes

Posted by Paul D. Woodard | May 01, 2017 | 0 Comments

Butterfield Schechter LLP is proud to support our local first responders. I along with members of our support team will be volunteering at the local Wills for Heroes event on May 20th. For more information about Wills for Heroes, click here.

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Retirement Plans

We help establish a customized plan that meets regulatory requirements as a tax qualified plan. Following implementation, our attorneys can assist clients and their plan administrator with regular reviews and updates to help with regulatory compliance for the plan's operation, and continued effectiveness in meeting the client's specific goals.

ESOPs

We are dedicated to employee ownership. When you come to us for ESOP services, you receive influential legal counsel who stand beside you to help you stay informed, in compliance, and abreast of the latest developments-all to help you realize your plan goals as fully and effectively as possible.

QDROs

A QDRO is a specially designed court order that is required for the division of retirement benefits in a family law case. Many family law attorneys do not possess the expertise necessary to divide retirement benefits or stock options upon divorce. We have extensive experience in dividing qualified plans, government plans, IRAs and stock options between the employee spouse and non-employee spouse.

Butterfield Schechter LLP provides the information in this website as a service to its clients and visitors to the site. This website is for information purposes only and is not intended to create, and receipt of it does not constitute, an attorney-client relationship. The information in this website is provided "as is," and while the information in this website is updated periodically, additional facts or future developments may affect subjects contained herein, and no guarantee is given that the information provided is correct, complete, or up-to-date. Seek the advice of professional counsel before acting or relying upon any article, form, or information in this web site. To ensure compliance with the requirements imposed by the United States Treasury and the Internal Revenue Service, we inform you that any federal tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of: (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing, or recommending to another person any transaction or matter addressed herein. Butterfield Schechter LLP has endeavored to comply with all known legal and ethical requirements in compiling this website. In the event that this communication does not conform with any laws or regulations of any state or country in which it may be received, Butterfield Schechter LLP will not accept legal representation based on this communication from a person in such a state or country. Electronic mail is provided as a convenience in communicating with the attorneys at Butterfield Schechter LLP. Contact by e-mail does not alone create an attorney-client relationship. Please remember Internet e-mail is not secure and messages sent to the firm or any of its employees or attorneys should not contain sensitive or confidential information. Thank you for visiting our site.

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