MWorld has compiled a list of some terms that every manager and executive
should be aware of in order to protect his or her company against employee
compensation claims. We hope this will be the first step in providing
those dot.com kids with valuable information that will make your job a
little easier.
Accumulated Pension Benefit Obligation (APBO): The Accumulated
Pension Benefit Obligation (APBO) as of a measurement date is the
actuarial present value of benefits attributable by the pension
benefit formula to employee service rendered prior to that date
and based on current and past compensation levels. The APBO does
not include assumptions about future compensation levels.
Backup Withholding refers to withholding 20% of payments
for federal income taxes unless the payee has on file with the employer
a correct social security number or is otherwise not subject to
withholding. This is usually in regards to a qualified retirement
plan.
Beneficiaries: The beneficiary is the person designated
by the participant or by the terms of an employee benefit plans
that is or may become entitled to a benefit. In health plans, a
qualified beneficiary is an employee, an employee's spouse, or dependents,
covered under the employer's group health care plan on the day before
a qualifying event.
Bereavement Leave, or funeral leave, provides time off for
workers following the death of a family member. Policy on such leave
defines the number of days and defines who is considered to be a
relative under the policy. Some companies allow employees to take
bereavement leave as unpaid leave, sick leave, or annual leave.
Business Travel Accident Plans: An insurance plan that covers
employees and the employer for accidents while traveling on company
business. The definition of a business travel accident plan is usually
such that any accident away from home or the job site is included.
Cash Basis Compensation implies two things. The first is
that the person is paid cash and not in kind, such as room and board
or provided transportation. The second is that the company records
labor expenses as they occur or are paid and not as accrued.
Cliff Vesting is a schedule for vesting in which all accrued
benefits derived from employer contributions become non-forfeitable
after a participant has completed a specified period of service
for the employer, but, before the end of that period, such benefits
are completely un-vested. The maximum amount of time a qualified
plan, using cliff vesting, can make participants wait until they
become fully vested is five years.
CHAMPUS is health coverage provided by the U.S. government
to members of the armed services. For these people it is primary
coverage. CHAMPUS also covers military dependents but is secondary
to any other health coverage.
Disclosure Requirements: Under the Employee Retirement Income
Security Act (ERISA), employers must make a series of disclosures
to employees to inform them about benefit plan provisions, as well
as the legal protections that are provided under ERISA. The types
of information that ERISA requires companies to provide to employees
include: Summary plan descriptions (SPDs), Summaries of material
modifications (SMMs) and Summary annual reports (SARs). Note: SPDs
and SMMs must be filed with the Department of Labor at the time
they are given to employees.
Flexible Spending Accounts (FSA): Flexible spending accounts
(FSA) are arrangements that allow employees to pay for qualified
health care or dependent care expenses on a pre-tax basis. Employers
may offer a flexible spending account as an option within a comprehensive
flexible benefit program or as a stand-alone plan.
Fiduciary Bonding Requirements: No bonding is required for
plans where the only assets from which benefits are paid are the
general assets of the employer. Banks, trust companies, and insurers
that meet certain capitalization requirements and that are bonded
under state law also may be exempt from fiduciary bonding requirements.
Golden Parachutes: A golden parachute is a part of many
executive compensation packages. It is an arrangement that provides
key executives a pay off and continuation of benefits when the organization
has been the subject of a takeover that wants to replace top management.
Thus, a golden parachute provides the executive with financial protection
from the possibility that the acquiring corporation will terminate
the executive in order to make room for its own management team.
Qualified Medical Support Order: A qualified medical support
order is a court order requiring group health care plans to provide
benefits to an alternate recipient of a participant eligible to
receive benefits under the plan.
Profit Sharing Plan distributes a portion of the profits
of a company to the workers according to some formula. Typically
a pot of money is established based upon the total profits of the
company. This is then distributed to all employees or the designated
group by some criterion, such as the employees' percentage of the
total wages of the group.
Safe harbors are regulations that describe certain acts
or behaviors, which are not illegal under a specific law, even though
they might otherwise be illegal.
Severance Pay: In many countries, but not the U.S., severance
pay is required to be paid any time an employee is terminated. Severance
pay is paid to an employee upon termination to temporarily soften
the blow of unemployment. The most typical formula for severance
pay is one weeks pay for each year of service.
Separate Lines of Business Plans: Organizations may seek
to have different benefit plans for different segments of the company.
They may do this by seeking to establish separate lines of business.
Identifying all the property and services provided to customers
during the testing year does this and then designating which portion
of the property and services is provided by each business. Employers
may use their discretion to determine their lines of business in
a manner that conforms to their business operations.
Split dollar life insurance is insurance paid jointly by
the employer and the employee, wherein at the employees death both
the employer and the employees beneficiaries receive a portion
of the benefits policy. Generally, the employer pays an annual premium
equal to the increase in the policy's cash surrender value for the
year, and the employee pays the balance of the annual premium. When
the employee dies, the employer receives from the policy's proceeds
an amount equal to the cash surrender value of the policy, and the
balance of the proceeds are paid to the employee's beneficiary.
Underwriting Requirements: Underwriting is the process of
identifying and classifying the potential risk represented by a
proposed insured. Acceptance of an insuree by an insured is always
based on acceptance of truthful application as applied to the insured's
underwriting requirements.
Unemployment Compensation may be defined as temporary partial
wage payments for individuals unemployed through no fault of their
own. These payments are made under state-administered programs to
workers who are unemployed and meet requirements of the law. These
requirements are: 1. The worker not be unemployed voluntarily, 2.
The worker has been employed in "covered" work, 3. The worker is
able and willing to take work, and 4. The waiting period had expired.
Voluntary Exit Incentive Program: A voluntary exit incentive
program or plan, sometimes called a "golden handshake," is usually
a part of a restructuring and/or downsizing of an organization.
The plan provides an incentive for employees close to retirement
to retire early. This usually means increasing the amount of retirement
benefit of the employee and allowing the retirement age to be moved
downward. In a defined benefit plan, ordinarily, the number of years
of service is increased. In a defined contribution plan there is
ordinarily a lump sum added to the employees account.
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