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This hypothetical-based program will review the complicated and often ignored area of benefits compliance for public school entities in the Commonwealth of Pennsylvania.

Susan Foreman Jordan, Esquire, Co-Chair of Fox Rothschild LLP’s Employee Benefits and Compensation Department, along with Education Department Co-Chair Jeffrey T. Sultanik, Esquire, will provide concrete examples and strategies to deal with frequently raised benefits items that may have serious tax consequences or legal liability for your school entity.  All school entities in the Commonwealth of Pennsylvania could “benefit” from a comprehensive “benefits review” to ensure compliance.

Issues that will be addressed are as follows:

• What is constructive receipt of income?
• Opt-out payments and Section 125 plans.
• Tuition reimbursement income recognition and tuition recapture provisions.
• Deferred compensation under Section 409A of the Internal Revenue Code.
• The hazards of creating supplemental medical reimbursement plans.
• Non-discrimination rules applicable to Act 93 and other highly compensated compensation plans and/or individual employment agreements.
• Amending Act 93 Compensation Plans.
• Vacation and PTO day carryover and deposits into a 403(b) plan.
• Addressing tax-sheltered annuity contributions under federal and state law.
• Addressing sick leave bank issues.
• Taxation of life insurance benefits.
• Continuation coverage required under the Public Health Service Act, COBRA, and Section 5-513 of the School Code and interplay with Medicare requirements.
• Utilization management provisions and prescription programs.
• Bonus treatment for non-exempt employees.
• PSERS retiree covered compensation issues.