The New IRS Form 990: What Does It Mean For Your ... - Venable LLP

Retirement Programs for Non-Profit Organizations and
Governments
State and local governmental units and non-profit organizations are subject to unique
legal requirements as they design, fund and administer retirement programs for their
valued workers. Venable's Employee Benefits and Executive Compensation Group has
particularly deep knowledge about the specialized—and often arcane—rules that apply to
such plans. Not only do we work closely with our clients to ensure that their retirement
programs meet all compliance requirements, we also partner with our clients and their
consultants to help them evaluate whether they should migrate from traditional
retirement programs to more contemporary solutions. Of added value, we also structure
deferred compensation plans and other innovative programs that are designed to
supplement retirement savings, so that governments and nonprofit organizations of all
types can attract and retain their key contributors.
Health and Welfare Benefit Plans
In recent years, there has been explosive growth in the number and range of health and
welfare benefit programs that employers offer, as they strive to provide their employees
with choices about their benefits. In today's marketplace, it is common for employers to
offer a range of medical and disability coverage options, as well as dependent care
assistance plans, educational and tuition assistance programs, long-term care insurance,
paid time off and other leave plans, and work/balance flexibility programs. At the same
time, the level of regulatory oversight and complexity has increased exponentially,
creating an "alphabet soup" of laws with which these plans must now comply, including
the continuing coverage requirements of COBRA, the portability, nondiscrimination,
privacy and security requirements of HIPAA, and the requirements for certain minimum
benefits under a variety of other laws such as the NMHPA (Newborns' and Mothers'
Health Protection Act), MHPA (Mental Health Parity Act) and WHCRA (Women's
Health and Cancer Rights Act). Venable's Employee Benefits and Executive
Compensation Group provides comprehensive and technical advice on all of these legal
requirements.
We regularly review and draft plan documentation, summary plan descriptions,
employee benefit guides, and other communication materials for health and welfare
benefit plans of all types—whether the plans are broad-based or limited to executives
only, fully-insured or self-insured, company-subsidized or purely voluntary, funded or
unfunded—all with the goal of ensuring that our clients comply with the wide range of
federal and state laws and regulations affecting these plans. For example, we have
structured comprehensive compliance programs, with written policies, procedures and
training, that implement the privacy and security requirements of HIPAA, in order to
ensure the confidentiality, integrity, and availability of health information that is held and
used by our clients' health plans. For all kinds of welfare plans, we also negotiate vendor
contracts, redesign their claims and other administrative processes, and help coordinate
the administration of claims with other sources of reimbursement and coverage to ensure
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