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Multiple Employer Plans: The Evolving Law for open MEPs and Alternatives for the Small to Mid-Sized Employer


Product Code - LGN59
Speaker(s): Heidi Eckel Alessi, K&L Gates LLP; Erin Turley, K&L Gates LLP
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Many employers looking to control the costs and potential liabilities associated with providing competitive retirement benefits may look to an alternative to a single employer plan known as a multiple employer plan or MEP. In light of recent industry and regulatory attention to MEPs, this program will provide an overview of the current state of the laws that apply to MEPs, focusing in particular on “open MEPs” or MEPs that are joined by unrelated and unassociated employers.

The presenters will also address compliance issues with respect to the open MEP including compliance with the DOL’s new fee disclosure rules and securities law issues that may apply in the MEP and open MEP context. Finally, the presenters will explore alternatives to the open MEP structure.

Educational Objectives:

• Gain an overview of the laws governing multiple employer plans including the Internal Revenue Code of 1986 and the Employee Retirement Income Security Act of 1974 (ERISA) as well as applicable securities laws.
• Learn to identify when a MEP exists, the consequences of a plan being either an intentional or unintentional MEP, the additional compliance requires applicable to MEPs, and how to avoid creating an unintentional MEP.
• Understand how to address any existing MEPs so as to comply with recent Department of Labor guidance which precludes the treatment of an open MEP as a single plan under ERISA.

Who would benefit from attending the program?

ERISA practitioners; record keepers; investment advisors.

Program Level: Advanced

Credit Available: CLE. For more information, please click on the “CLE Credit” tab.

Heidi Eckel Alessi, K&L Gates LLP; Erin Turley, K&L Gates LLP

Heidi Eckel Alessi, K&L Gates LLP
Heidi Alessi is a partner in K&L Gates’ benefits, ESOPS and executive compensation group. Her practice focuses on advising employers on tax qualified, nonqualified deferred compensation, equity compensation, health, wellness, and cafeteria plans, including, compliance with the Internal Revenue Code, the Employee Retirement Income Security Act (ERISA), the Consolidated Omnibus Reconciliation Act (COBRA), the Health Insurance Portability and Accountability Act (HIPAA), and the Patient Protection and Affordable Care Act (Healthcare Reform). In addition, Ms. Alessi advises employers regarding employee benefits and compensation issues involved in mergers and acquisitions. She is experienced in defending litigation claims for benefits under ERISA governed plans, disputes involving multiemployer plan contributions, claims for benefits under non-ERISA plans, and claims alleging breach of fiduciary duties.

Ms. Alessi has written and spoken extensively on pensions and benefits issues. She earned a J.D. from Seattle University School of Law (summa cum laude, Academic Scholar, Dean’s List, CALI Awards for Excellence in Civil Procedure, Legal Writing, Administrative Law and Antitrust) and a B.A. from The Evergreen State College.

Erin Turley, K&L Gates LLP
Erin Turley is a partner in K&L Gates’ Dallas office. Ms. Turley's practice focuses on ERISA compliance with respect to employee benefits, including qualified plans, nonqualified plans, and executive and deferred compensation and welfare benefit plans; and on regulatory compliance with the Internal Revenue Code, ERISA, COBRA, HIPAA, and PPACA. She advises employers in the design, implementation, and administration of tax-qualified and nonqualified retirement plans and represents clients before the Internal Revenue Service and the Department of Labor in audit and correction matters. Ms. Turley has advised employers with respect to issues raised in connection with corporate mergers, acquisitions, and divestitures as they relate to the various benefit plans maintained by the affected corporate entity or entities.

Ms. Turley earned an LL.M. from Georgetown University Law Center (with distinction), a J.D. from Texas Tech University School of Law (magna cum laude), and a B.A. from the University of Dallas (Member Omicron Delta Epsilon; Presidential Scholar). She is listed in The Best Lawyers in America and has been listed as a Rising Star by Texas Super Lawyers.

This program is CLE-credit eligible.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the Legal and Business CLE Accreditation Coordinator.

Hardship Policy
Bloomberg BNA offers a hardship policy for any attorney earning less than $30,000 per year. If an attorney wishes to take advantage of this option, he or she must do so in writing and also provide proof of hardship. If approval is granted, a discount of 50% off the full registration price of the program will be awarded.

Questions
For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at http://www.abanet.org/cle/mandatory.html.