• videocam On-Demand Webinar
  • card_travel ERISA
  • schedule 90 minutes

Structuring Student Loan Repayment Benefit Programs: IRS Guidance, Applicable Rules, Key Planning Considerations

CARES Act, Offering Repayment Within 401(k) Plans, and Available Options Outside of Retirement Plans

About the Course

Introduction

This CLE course will guide employee benefits attorneys on structuring student loan repayment benefit programs. The panel will discuss recent legislation, IRS guidance, applicable rules, and important design considerations for employers, including the challenges in offering a student loan repayment program in connection with a 401(k) plan.

Description

In the past, employers generally focused on providing their employees with financial assistance for the costs relating to education programs taken during their employment. Fortunately, employers have had the ability to provide much of that financial assistance to employees on a tax-free basis under a qualified educational assistance program or as a working condition fringe benefit. As the cost of post-secondary education skyrocketed, however, many employers have sought ways to provide their employees instead with relief from their astronomical student loan debt.

While employers look for efficient approaches to provide employee debt relief, the federal government has begun to take action to assist these employers. In 2018, the IRS issued a private letter ruling approving the design of a student loan repayment program under which an employee would be entitled to “matching” contributions under the employer’s 401(k) plan conditioned on that employee making student loan repayments. Interest in the ruling was so widespread that the IRS is considering issuing guidance for all employers and will no longer consider similar ruling requests. Then, earlier this year, the federally-enacted Coronavirus Aid, Relief and Economic Security Act (CARES Act) allows employers to make tax-free payments of up to $5,250 towards their employees’ qualified educational loans.

Listen as our panel discusses the applicable rules and critical planning considerations for employers considering the implementation of student loan repayment programs. The panel will also discuss the impact of the CARES Act, challenges for multiemployer plans, and other key issues.

Presented By

Ian L. Levin
Partner
McDermott Will & Schulte

Mr. Levin practices in the M&A and Securities Group and the Employment & Employee Benefits Group. He advises on a broad range of executive compensation and employee benefits matters, including the associated tax, securities, corporate, employment and labor issues. Mr. Levin routinely advises private and public companies, in particular private equity sponsors, regarding executive compensation and employee benefits issues arising in mergers and acquisitions, initial public offerings, joint ventures and other transactions; represents executives and management teams in negotiating employment and incentive compensation, particularly in connection with corporate transactions; advises clients as to the design and establishment of virtually all types of executive compensation, equity, deferred compensation and other benefit arrangements; advises companies and their boards regarding governance and disclosure requirements; represents lenders and borrowers in various corporate financing transactions; and structures private equity and hedge funds and other investments in compliance with ERISA. Mr. Levin serves as chair of the Advisory Board and as a member and former chair of the Center for Transactional Law and Practice Advisory Board at the Emory University School of Law. He also serves as an adjunct professor at New York Law School and Emory University School of Law

Susan B. Niver
Special Counsel
Schulte Roth & Zabel LLP

Ms. Bernstein is special counsel in the New York office of Schulte Roth & Zabel LLP, where she has been advising employers and plan sponsors on ERISA, employee benefits and executive compensation for over 25 years. She served as the Chair of the IRS Advisory Committee on Tax Exempt/Government Entities and co-chair of the Employee Benefit and Compensation Committee for the New York State Bar Association. A recognized thought leader, Ms. Bernstein is a frequent speaker on employee benefits and executive compensation and has authored numerous articles of interest to employers. She is also a member of the IRS Pension Liaison Group and was named one of Employee Benefit Adviser’s Most Influential Women in Benefit Advising. Ms. Bernstein holds a J.D. from the Benjamin N. Cardozo School of Law, received her B.A. from the University of Pennsylvania.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Thursday, November 5, 2020

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  1. Offering student repayment within a 401(k)
  2. Design options outside of a 401(k) plan
  3. Administrative hurdles and pitfalls to avoid
  4. Best practices for employee benefits counsel and plan sponsors

The panel will review these and other key issues:

  • What options are available to employers to provide student loan repayments as an employee benefit?
  • What is the most recent IRS guidance and federal legislation impacting student loan repayment benefit programs?
  • What are the challenges and structuring considerations for offering a student loan repayment program in connection with a 401(k) plan?
  • What legislation is being considered by Congress?