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American Rescue Plan Act of 2021: Top Employee Benefits and Executive Compensation Provisions | Ogletree, Deakins, Nash, Smoak & Stewart, P C
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Tuesday, March 16, 2021
We had pondered when this day would come. The doomsday scenario that the Pension Benefit Guaranty Corporation (PBGC) would become insolvent in five to six years is now old history. (The new estimated time of PBGC insolvency is the mid-2040s.) Plan participants, the plans, employers, unions, and the PBGC had all been patiently waiting for relief and they have apparently been rewarded with the relief they were seeking.
The American Rescue Plan Act of 2021, signed by President Joe Biden on March 11, 2021, included the Butch Lewis Emergency Pension Plan Relief Act of 2021 (Pension Relief Act), which will provide special financial assistance, in a single lump-sum payment, to certain underfunded multiemployer defined benefit pension plans. The payment will, in theory, pay for all accrued benefits owed to retirees, without reduction, through the plan year ending in 2051, without any obligation to repay such funds. The Congressional Budget Office (CBO)
[co-author: Kim Lee]
The American Rescue Plan Act of 2021 (“ARPA”), which was signed into law on March 11, 2021, includes a number of provisions relating to health and welfare plans that will be beneficial to many Americans. In addition, ARPA provides funding relief to single-employer defined benefit plans and significant financial assistance to the most underfunded multiemployer plans. However, ARPA does not rescue everyone, and actually expands the group of employees subject to the $1 million dollar limit on certain compensation deductions contained in Section 162(m) of the Internal Revenue Code (“Code”).
ARPA is not the first legislation passed in the wake of the COVID-19 crisis to contain significant benefits- and compensation-related components. For example, the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) contained a number of benefits and compensation provisions, which were discussed in our March 2020 OnPoint regarding the CARES Act and our Apr
Multiemployer Pension Plan Changes in the American Rescue Plan Act | Jackson Walker
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