FINAL AGENDA IN- HOUSE BENEFITS COUNSEL NETWORK (IBCN) Third National Conference Washington, D.C., May 4-6, 2014 SUNDAY, MAY 4, 2014 6:30pm Welcome Dinner for Members Location: District Chophouse & Brewery, 509 7 th Street NW (Advanced registration required to attend) MONDAY, MAY 5, 2014 Program and Networking Location: Pepco Holdings Headquarters 701 Ninth Street, NW Washington, D.C. 20068 Contact: Nanette Paris, Pepco 8:30-9:00am Continental Breakfast 9:00-9:15am Opening Remarks Gordon Klepper, Marriott 9:15-10:15am SCOTUS in Review In this expert- led plenary session, we will kick things off with a thoughtful review of the key US Supreme Court employee benefits decisions from the past year, including Dudenhoeffer, Quality Stores and others. Attention will be given to practical implications and planning considerations. Organizer: Sarah Richards, Avon Speaker: Brian Ortelere, Morgan Lewis 10:15 11:15am Benefits and the Changing US Workforce As a result of both the Affordable Care Act and market forces generally, employers have increasingly come to rely on temporary, seasonal, part- time and contract employees. This panel will address the impact of recently issued final regulations under the Affordable Care Act s employer shared responsibility (a/k/a pay- or- play ), waiting period, and reporting rules on third- party staffing arrangements. Particular attention will be paid in each case to the options available to employers as they seek to come into compliance with the Act, the impact of a host of newly issued transition rules, and
the consequences of classifying (and misclassifying) a worker as a common law employee. Organizers: Maureen Dry- Wasson, Allegis; Moderator: Maureen Dry- Wasson, Allegis Panelists: Alden Bianchi, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C; Ed Lenz, American Staffing Association 11:15 11:45am Networking/Coffee Break 11:45-12:45pm Breakout Sessions: Choose to attend one of the following 12:45 2:30pm Lunch & Forum We re Global! This panel will share tips on how to deal with tricky international compensation and benefits matters, including international assignments (e.g., tax equalization, totalization treaties, business traveler issues), global share plan developments, and practical considerations like how to find and work with good local counsel. Organizers: John Tomaszewski, UBS; JB Robinson, TE Connectivity; Gordon Klepper, Marriott Panelists: Roger Koferl and Stacy Finch, KPMG; Above IBCN Members Pension De- Risking In this session we will discuss ways that retirement plan sponsors are managing risk with pension de- risking strategies. Expert guests and IBCN members will share their first- hand experiences. Organizers: Katherine Mineka, Washington Gas; Elliot Raff Speakers: Kevin Armant, Mercer; David Levine, Groom Law Group During lunch, we will network with several employee benefits organizations who will each share their mission and unique focus, and we will share ours with them! Organizers: Organizations: Pat Spraguer, Express- Scripts David Kritz, Norfolk Southern Katherine Mineka, Washington Gas Kathryn Wilber, American Benefits Council Scott Macey, ERISA Industry Committee Nevin Adams, Employee Benefits Research Institute Aliya Wong, US Chamber of Commerce Jenn Namazi, NASPP
2:30 3:30pm Breakout Sessions: Choose to attend one of the following 3:30 3:45pm Networking/Snack Staying Out of Trouble - Advising Fiduciaries This session will examine considerations in advising plan fiduciaries on critical issues, including selecting vendors, paying expenses with plan assets, revenue sharing, use of independent fiduciaries, fees, the fiduciary exception to attorney- client privilege, etc. Organizers: Laura Nolen, Marathon Oil; Heather Ryan, Time Warner Cable Speaker: Sarah Bassler Millar, Drinker Biddle; David Cohen, Evercore; Michael Schloss, U.S. Department of Labor M&A Insights We will take a technical and practical walk through some key pitfalls and strategies for dealing with employee benefits issues in M&A transactions. Organizer: Pat Spraguer, Express- Scripts Speakers: Steve Harris, Paul Hastings; Karen L. Morris, Office of the Chief Counsel of the Pension Benefit Guaranty Corporation 3:45 4:45pm Future of Defined Contribution Plans This panel will discuss recent legislative developments to promote retirement savings, and their potential impact on employers current arrangements. Also to be addressed are recent techniques, tools and vendors that are already available for helping plan participants do effective retirement income planning, including converting 401(k) lump sums into annuities. Organizers: Cindy Ruback, The Home Depot; Elliot Raff Panelist(s): Alison Borland, Aon Hewitt; Marla Kreindler, Morgan Lewis; Lew Minsky, Defined Contribution Institutional Investment Association 4:45 5:30pm Practice Management Session Let s share notes on the best technology and tools available to help us deliver the most effective and efficient advice, as well as creating an interaction model that empowers our HR clients to take the lead in owning their own plans and laws. This will live up to its reputation as one of our most popular sessions! Moderators: Dana Hale, Capital One; Elliot Raff
6:00pm 7:00pm 7:15pm Members Cocktail Reception Location: La Tasca Restaurant, 722 7 th Street, NW Networking Dinners IBCN has made dinner reservations at several area restaurants for group dinners. Sign- ups will be available on- site. TUESDAY, MAY 6, 2014 8:30am 9:30am Private Health Exchanges In this exciting session, we ll learn about the private health exchanges, not just how they operate, but where to find and engage them, what our clients are thinking about them, and where they fit into our future benefit offerings. Also discussed will be implications for our cafeteria plans and HRAs/HSAs. Organizers: Maya Crone, Freddie Mac; David Kritz, Norfolk Southern Speaker(s): Sherri Bockhorst, National Practice Leader Health Exchange Solutions, Buck Consultants; Vanessa Scott, Sutherland 9:30am 10:30am DOMA Update This session will review the most recent DOMA guidance, and survey attendees on what their companies are doing to comply in their retirement, health and other benefit programs. Organizer: Jill Keblawi, Marriott Speakers: Robert Neis, Office of Tax Policy,U.S. Treasury Department; Vanessa Scott, Sutherland 10:30 10:45pm Networking/Coffee Break 10:45 11:45am Executive Compensation Updates Our expert speakers will update us on the most significant recent developments in executive compensation. Topics will include the Camp bill proposed changes to 409A and 162(m), IRS Bonus plan deduction guidance, IRS executive compensation audits, alternative 409A corrections, and substantial risks of forfeiture under section 83. Organizer: Sarah Richards, Avon Speaker: John McGuiness, Groom Law Group; Stephen Tackney, IRS Office of Chief Counsel
11:45 12:30pm Breakout Sessions: Choose to attend one of the following Managing Litigation Risks We will examine effective strategies and tactics for managing benefits litigation exposure, including the use of class action waivers, mandatory arbitration provisions, contractual statutes of limitations, and choice of law/venue provisions. Organizers: Cable Speakers: John Tomaszewski, UBS; Heather Ryan, Time Warner David R. Levin, Drinker Biddle; Above IBCN members Nondiscrimination Testing Our experts will help us examine some available nondiscrimination testing techniques that may drive more performance out of your qualified retirement plans (primarily defined contribution). We also will review the current state of the law on discrimination testing for health and welfare benefits (e.g., section 105(h), dependent care, etc.). Organizer: Gordon Klepper, Marriott Speakers: David Godofsky and Fahad Saghir, Altson Bird 12:30 1:30pm Making IBCN Better / Lunch This hour is dedicated to exploring how to make IBCN an even more valuable resource for our members. We will explore how to best leverage our resources and provide more for our members. We can also explore topics like available technology for conducting surveys, new member outreach, continuing education support, sponsor relations, etc. Organizers: Pat Spraguer, Express- Scripts Panelists: Maya Crone, Freddie Mac; Maureen Dry- Wasson, Allegis Group, Inc.; Dana Hale, Capital One; Sarah Richards, Avon; Pat Spraguer, Express- Scripts 1:30pm Closing Remarks - Gordon Klepper, Marriott