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2022 ERISA Facts

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Discover simple explanations for 900 common questions on one of the most complicated, but important, federal laws regarding employee benefits: the Employee Retirement Income Security Act (ERISA).

Employee Retirement Income Security Act (ERISA) is known as one of the most complicated federal laws, but it is one of the most important laws regarding employee benefits. ERISA Facts provides simple explanations for 900 of the most common ERISA-related questions.

Anyone involved in the administration of ERISA-based retirement plans will benefit from this book; it's the perfect resource for a wide range of employee benefits professionals, including ERISA attorneys, TPAs, CPAs, employee benefits consultants or specialists, corporate counsel, IFEBP members, and more.

Organized in a convenient question & answer format to help you find the information you need, ERISA Facts features:

  • 900 easy-to-read questions & answers that comprehensively cover all aspects of ERISA requirements and practices
  • Practical advice for any professional who is required to comply with ERISA rules, including in-house HR professionals and third-party advisers
  • Detailed explanation of who is an ERISA fiduciary and what requirements fiduciaries must meet
  • Breakdown of potential sources of fiduciary liability
  • Class and Statutory exemptions explained
  • Investment guidelines for ERISA-compliant plans
  • Real-world advice on enforcement trends

New in the 2022 Edition:

  • IRS, DOL and PBGC proposed changes to the Form 5500 Annual Return/Report forms which relate to statutory amendments enacted as part of the SECURE Act
  • DOL, HHS, and the IRS released interim final regulations rules applicable to the No Surprises Billing Act
  • DOL's "Best Practices for Pension Plans," describing best practices fiduciaries of retirement plans should consider to reduce missing participant issues
  • HS's Substance Abuse and Mental Health Services Administration finalized regulations amending confidentiality protections for medical records of patients with substance use disorder
  • DOL's guidance identifying "best practices" to mitigate cybersecurity risks in the administration of ERISA-covered plans
  • Update on the HITECH Act amendments that require that "recognized cybersecurity practices" be considered by HHS in determining any HIPAA fines, audit results or mitigation remedies
  • The American Rescue Plan Act of 2021, allowing certain financially troubled multiemployer plans to apply for special financial assistance
  • The HHS's Office for Civil Rights second largest financial settlement with Premera Blue Cross where they agreed to pay $6.85 million and implement a corrective action plan to settle potential violations of HIPAA Rules related to a breach affecting over 10.4 million people

Topics Covered:

  • Fiduciary responsibilities under ERISA
  • Establishment and administration
  • ERISA-regulated plan administration issues
  • Health benefit and insurance issues (HIPAA, COBRA, etc.)
  • Responsibilities related to plan investments fiduciary duties and liability issues
  • Compliance and disclosure rules
  • Prohibited transactions
  • Detailed explanations of voluntary compliance programs
  • Statutory, class, and individual exemptions
  • Taft-Hartley plans (Multiemployer Plans)
  • And More! See the "Table of Contents" section for a full list of topics

Additionally, the book includes complete information on disclosure requirements from the Employee Benefits Security Administration, IRS, Health and Human Services, and citations to key court cases and legislation. Department of Labor guidance on disclosure requirements is also provided.

Additional Information
SKU 1170022
Publication Date December 18, 2021
ISBN 978-1-954096-24-0
Page Count 1192
Author Frank J. Bitzer, Dsq., FACEBC and Nicholas W. Ferrigno, Jr., J.D., CLU
Edition 2022
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Frank J. Bitzer

Frank J. Bitzer, Esq., FACEBC, is a practicing attorney in Cincinnati, Ohio. Mr. Bitzer is

a graduate of the University of Cincinnati College of Education and received his Juris Doctorate

from the University of San Diego School of Law in 1988. Mr. Bitzer has particular experience

in both civil and criminal fiduciary matters pursuant to ERISA, having previously served as a

Journeyman level Investigator with the United States Department of Labor – Employee Benefits

Security Administration. Mr. Bitzer is the Past Chair of the Cincinnati Bar Association Employee

Benefits Committee. He has been named a Cincy Leading Lawyer by Cincy Magazine in 2008,

2010, 2011, 2012, and 2013. He has also been recognized as a Super Lawyer for the State of

Ohio by Cincinnati magazine and Law & Politics magazine in 2009, 2010, 2011, 2012, and 2013.

In addition, he is a Fellow in the American College of Employee Benefits Counsel.

Mr. Bitzer is a featured speaker of The National Underwriter Company Speakers Bureau

and has made presentations on ERISA fiduciary matters to organizations across the United

States. He is a contributor of articles to the Journal of Pension and Benefits, Spencer’s Research

Reports, The Pension Actuary, Pension Plan Administrator and other publications. Mr. Bitzer also

provides expert witness testimony in litigation matters focusing on ERISA. He is a member of

the American Society of Pension Professionals & Actuaries and a former member of Government

Affairs Committee, Sub-Committee on Department of Labor Enforcement. He is a member

of the Internal Revenue Service Great Lakes Region Tax Exempt and Government Entities

Joint Council, the International Foundation of Employee Benefit Plans, and the Cincinnati Bar

Association-Employee Benefits Committee.

In addition to this text, Mr. Bitzer is a co-author of Benefits Facts, The Insider’s Guide to DOL

Plan Audits, Quick Reference to ERISA Compliance – The Coverage and Nondiscrimination Answer Book,

and The Pension Answer Book – Forms and Worksheets, published by Wolters Kluwer.

The original edition of this book and the first ten annual updates were co-authored by

Nicholas W. Ferrigno, Jr., Esq.

Nicholas W. Ferrigno, Jr., Esq.

Nicholas W. Ferrigno, Jr., Esq., was a Member and Chairman of the ERISA Controversy Team of the law firm of Greenebaum Doll & McDonald PLLC with offices in Covington, Frankfort, Lexington, and Louisville, Kentucky; and Cincinnati, Ohio. Mr. Ferrigno received his B.S. (Finance) from the University of Rhode Island and Juris Doctorate (cum laude) from the Salmon P. Chase College of Law, Northern Kentucky University. Mr. Ferrigno had particular experience in ERISA fiduciary and compliance matters, having previously served with the U.S. Department of Labor - Employee Benefits Security Administration.