Module PowerPoint 4 Updated Spring 14

advertisement

Module 4: Compensation and Benefits

19% PHR

13% SPHR

Any student use of these slides is subject to the same License Agreement that governs the student’s use of the SHRM Learning System materials.

© SHRM 4-1

Compensation Legislation

Davis-Bacon

Act

• Requires prevailing wages/benefits on federal construction projects

Copeland “Anti-

Kickback” Act

Walsh-Healey

Act

Service

Contract Act

• Precludes federal contractors from inducing employees to give up any part of compensation

• Extends prevailing wages to federal suppliers

• Stipulates overtime pay

• Requires prevailing wages/benefits on all federal contracts

© SHRM 4-2

Fair Labor Standards Act

(Wage and Hour Law)

• Applies to organizations with employees who engage in interstate commerce, produce goods for interstate commerce, or handle, sell, or work on goods/materials that have been moved in/produced for interstate commerce.

• Applies to employers with at least $500,000 in annual dollar volume of business.

• Under FLSA, an employer has no ongoing obligations to independent contractors.

© SHRM 4-3

Which of the following factors would indicate independent contractor status?

A. Opportunity for profit and loss

B. Regular oral and written reports presented to a manager

C. Right to end the relationship with the organization at any time without incurring liability

D. Services provided to a single organization

© SHRM 4-4

© SHRM

IRS Independent Contractor Test

Behavioral control

Financial control

Type of relationship

4-5

Exempt and Nonexempt Employees

Type of

Employee Importance:

Exempt Excluded from minimum wage and overtime pay requirements of the law.

Nonexempt Are not excluded from minimum wage requirements and are entitled to overtime.

Overtime is guaranteed to employees who are paid less than $23,660 per year or $455 per week.

© SHRM 4-6

FLSA Exemptions

An exempt employee must meet three requirements.

Minimum salary

Paid on a salary basis without improper deductions

Exempt duties

4-7 © SHRM

Primary Duty Issue

A primary duty is the main or most important duty and is an important part of exemption.

No particular percentage of exempt duties is required under the FLSA.

The lower the total percentage, the greater the legal risk if challenged.

4-8 © SHRM

Executive Exemption

An employee must:

Have a primary duty of managing an organization, department, or subdivision.

Direct the work of at least two full-time employees or their equivalent.

Have the authority of the employer to hire and fire.

Affect promotion decisions.

© SHRM 4-9

Administrative Exemption

 Requires performance of office or nonmanual work directly related to the management or general business operations of the employer or the employer’s customers.

 Includes the exercise of discretion and independent judgment related to “matters of significance.”

© SHRM 4-10

Professional Exemptions

Learned professionals

• Requires advanced knowledge in a field of science or learning that is acquired by prolonged instruction.

• Work is intellectual in nature and requires exercise of discretion and judgment.

Creative professionals

• Must meet minimum salary requirements.

• Perform work that requires invention, imagination, originality, or talent.

• Perform in a recognized field of creative or artistic endeavor.

© SHRM 4-11

Highly Compensated Exemption

A highly compensated employee must:

 Be paid total annual compensation of

$100,000 or more that includes at least

$455 per week paid on a salary or fee basis.

 Perform one of the duties of an exempt executive, administrative, or professional employee.

© SHRM 4-12

Computer Employees

 Must meet the salary minimum with a salary of $455 per week or $27.63 per hour.

 Employee’s pay cannot be subject to deductions inconsistent with the salary basis requirement.

 Primary duties must fall into one of four categories.

© SHRM 4-13

Outside Sales

An employee must:

 Have a primary duty involving making sales or obtaining orders and contracts.

 Be customarily and regularly engaged away from the employer’s place of business.

Outside sales employees are not subject to the minimum salary requirements of other exemptions.

© SHRM 4-14

Improper Deductions

Employers that make improper deductions will lose the exemption if they did not intend to pay on a salary basis.

Example:

An exempt employee is normally not subject to deductions for illness in less than full-day increments. (An FMLA exception may occur.)

© SHRM 4-15

Safe Harbor

A “safe harbor” exists if:

 The employer has a clearly communicated policy prohibiting improper pay deductions.

 Employees are reimbursed for any improper deductions.

 The organization makes a good-faith effort to comply in the future.

© SHRM 4-16

FLSA Basic Overtime Provisions

Sets rate of overtime pay (1.5 times regular pay after 40 hours worked).

Requires overtime on time worked, not time compensated.

Sets workweek as any fixed, recurring period of 168 consecutive hours (7 days 24 hours).

© SHRM 4-17

Discussion question

 If a nonexempt employee works unauthorized overtime, does the employee have to be paid for that time?

 Can an employee who is not paid for his lunch break be expected to sit at his desk and answer emails?

© SHRM 4-18

An employer pays an employee a $40 attendance bonus for working a full 40-hour workweek. If the worker works 45 hours during that week, what will the employee’s gross paycheck be if her hourly rate is $10?

A. $495.00

B. $509.50

C. $515.00

D. $517.25

© SHRM 4-19

To calculate the total pay for the week, you must add the bonus to the hours worked at base pay (45 $10/hour = 450 + $40 bonus = $490). To get the average straight time hourly earnings (ASTHE), the $490 is divided by the total hours worked, 45, to yield $10.89.

Pay calculation:

45 hours base pay ($450) + bonus ($40) = $490.00

ASTHE = $490/45 hours = $10.89

Overtime premium = $10.89 0.5 = $5.45 5 = $27.25

Total gross pay = $517.25

© SHRM 4-20

Compensatory Time

• Overtime usually must be paid in cash.

• Public-sector employers may grant compensatory time off.

• Public employees can accumulate

“comp” time. Must be earned at a rate of not less than 1 ½ hours for each hour for which OT is required.

Presently, compensatory time is not allowed for private-sector nonexempt employees.

© SHRM 4-21

FLSA Child Labor Provisions

Restrict hours and conditions of employment for minors.

Age

Under age 14

Ages

14-15

Ages

16-17

© SHRM

FLSA Regulations

Prohibited from most nonfarm work

May be employed by parents

Certain jobs permitted (e.g., actors, newspaper carriers)

During school hours: 3 hours/day, 18 hours/week

During school vacations: 8 hours/day, 40 hours/week

Work hours restricted

Prohibited from hazardous jobs

No other restrictions

4-22

Minimum Wage Provisions

Fair Minimum Wage Act of 2007

Raised minimum wage to $7.25 per hour in three phases

Provides $2.13 per hour cash wage if claiming a tip credit

© SHRM 4-23

Minimum Wage Exceptions

• Employees younger than 20 years old during first 90 days of employment

• Tipped employees ($2.13/hour plus tips must equal minimum wage)

• Full time students employed in retail, service, agriculture or institutions of higher education (ER must obtain a

DOL certificate under the Full-time student program)

• Student learners at least 16 years old and employed on a part-time basis pursuant to a bona fide vocational training program (ER must obtain student learner DOL certificate)

• Workers impaired by physical or mental disability (DOL certificate required)

© SHRM 4-24

Penalties

• An employer who violated the FLSA’s overtime requirements is liable to an employee in the amount of the unpaid overtime compensation as well as an additional equal amount

• Statute of limitation is two years

• Employee entitled to recover reasonable attorney fees

• Criminal penalties of not more than $10,000 and 6 months imprisonment may be imposed for willful violations

© SHRM 4-25

Discussion question

• When state and federal laws differ, which law takes precedence?

© SHRM 4-26

Portal-to-Portal Act

• Amends FLSA and defines general rules for hours worked.

• Provides guidelines on:

– On-call/standby time.

– Preparatory/concluding activities.

– Waiting time.

– Meals and breaks.

– Training time (4 conditions).

– Travel time

© SHRM 4-27

Travel Pay

Day

Friday

Activity

Travels to conference and works en route

Saturday Works at conference

Sunday Travels from conference and does not work en route

Paid time

Unpaid time

Total Paid

Hours

7 8 9 10 11 12 1 2 3 4 5 6 7

AM PM

Normal Work Hours

Time

5

12

4

© SHRM 4-28

Equal Pay Act (EPA)

Mandates equal pay for equal work.

Skills Effort

© SHRM

Responsibility

Working

Conditions

4-29

Comparable worth

• Law does not address

• Deals with pay differentials between men and women who perform comparable –but not equal- work.

• Looks at different jobs that men and women hold that require comparable skills, effort, responsibility and working conditions.

© SHRM 4-30

Exceptions to Equal Pay Act

• Seniority

• Merit System

• Difference in quality or quantity of work

• Geographic work differential

• Any factor other than gender

© SHRM 4-31

© SHRM

Module 4 Reinforcement Activity

Case 1: A tenured female associate professor in the industrial technology department is employed at a salary lower than male colleagues who are the same rank and teach similar courses at the same location. She is the second-lowest-paid professor in a department of close to 20, despite the fact that she has a higher rank and more seniority than four male colleagues. Does the scenario violate the Equal Pay Act?

Module 4, Activity 1, Slide 32

© SHRM

Module 4 Reinforcement Activity

Case 1: Tenured female associate professor

She will have a strong case if she alleges discrimination because of the substantial equality of work she is performing.

Module 4, Activity 1, Slide 33

© SHRM

Module 4 Reinforcement Activity

Case 2: A female part-time employee is doing work equal to that of a male full-time employee. In exchange for the flexibility of a part-time position, she is paid a lower hourly rate. Does the scenario violate the Equal Pay

Act?

Module 4, Activity 1, Slide 34

© SHRM

Module 4 Reinforcement Activity

Case 2: Part-time female employee

Unless the wage rate differs because of seniority or performance levels, the female employee will have a strong case if she alleges discrimination.

Module 4, Activity 1, Slide 35

© SHRM

Module 4 Reinforcement Activity

Case 3: A male bartender in a restaurant is paid more than a female bartender for the same job. Under what circumstances would this be legal?

Module 4, Activity 1, Slide 36

Module 4 Reinforcement Activity

Case 3: Male bartender

© SHRM

This would be legal if:

• The male bartender has more seniority.

• The male bartender works a different shift.

• The male bartender has more work experience.

• A bona fide merit system is in place.

• There is a system in place that measures earnings by production.

• There is a legitimate nondiscriminatory reason.

Module 4, Activity 1, Slide 37

Which of the following is true under the

Equal Pay Act?

A. Seniority systems cannot result in pay disparity.

B. Companies should provide all employees with the same working conditions.

C. Employees doing equal work should receive the same pay.

D. Jobs filled primarily by women should have the same salary as similar jobs filled by men.

© SHRM 4-38

© SHRM

Work Opportunity Tax Credit (WOTC)

Federal tax credit to encourage employers to hire targeted groups of job seekers.

Administered by the DOL’s Employment and

Training Administration (ETA) and the IRS.

Includes individuals from 9 categories.

4-39

Additional Compensation Legislation

Lilly Ledbetter

Fair Pay Act

• States that the statute of limitations on pay discrimination lawsuits resets as each allegedly discriminatory paycheck is issued

Dodd-Frank Wall

Street Reform and Consumer

Protection Act

• States required communications related to executive compensation at publicly traded companies

IRS Intermediate

Sanctions

• Provides guidelines regarding the determination of reasonable compensation for executives of nonprofit organizations

© SHRM 4-40

Job Evaluation

• Determines the relative worth of each job by establishing a hierarchy.

• Follows job analysis, which focuses on job descriptions and specifications.

© SHRM 4-41

Job Evaluation Methods

© SHRM

Job-to-job comparison

Nonquantitative

Methods

Quantitative

Methods

Job ranking

Factor comparison method

Job-topredeterminedstandard comparison

Job classification

Point-factor method

4-42

Nonquantitative (Whole-Job)

Evaluation

• Establishes a relative order of jobs.

• Does not assign numeric values.

© SHRM

Job ranking

Paired comparison

Job classification

Job-to-job comparison

Job-to-predeterminedstandard comparison

4-43

Quantitative Evaluation

• Uses a scaling system to evaluate the value of one job is as compared to another.

• Provides a score.

Point-factor method

Factor comparison method

Less complex, commonly used

Most complex, used infrequently

© SHRM 4-44

Point-Factor Method

• Each job receives a total point value, and relative worth can be compared.

• Examples: Guide Chart-Profile (Hay Plan) and the U.S. government Factor Evaluation System (FES).

• Points often determine pay grade assignment.

Job A Job B Job C Job D Job E

220

May 4, 2011

300 400 500 600

Points

700 800 900 1,100

Nov 2, 2011

© SHRM 4-45

Market-Based Evaluation

Not a true job evaluation system; can be used to develop a job-worth hierarchy.

Prices jobs in the labor market(s) in which an organization competes.

Uses prevailing rates as the relative

“worth” of the jobs.

© SHRM 4-46

Pay Surveys

Internal custom

survey outsourced to a consulting firm

External survey outsourced to a consulting firm

External survey conducted by a consulting firm

External published survey data

Internal External

Full control of the survey (e.g., design, administration)

Ability to:

Participate in survey

Provide some input to survey design

Limited participation, if any (e.g., may submit salary data)

No control/no input to survey design

Example:

Local HR association contracts with a compensation firm

Examples:

Mercer

Towers Watson

No participation

No control/no input to survey design

Widely available

May need to purchase survey data

Examples:

DOL surveys

BLS surveys

SHRM surveys

© SHRM 4-47

Data Analysis

• Salary data may need to be aged, leveled, and/or factored for geography.

– Aging uses movement in market rates to adjust outdated salary data.

– Leveling adjusts salaries when surveyed jobs are similar but not identical to jobs in the organization.

– Since wage rates will vary by location, the organization should factor for geography any national salary survey data.

© SHRM 4-48

Sorting Salary Data

Frequency distributions and tables sort salary data.

• Frequency distribution

− Lists the grouped data, from lowest to highest.

Mean

Salary

Number of

Incumbents

• Frequency table

− Shows the number of incumbents who receive a particular salary.

$55,000

$60,000

$65,000

$70,000

$75,000

2

1

2

5

1

© SHRM 4-49

Salary Data: Measures of Central

Tendency

Unweighted average gives equal weight to every salary.

Annual

Salary

# of

Incumbents

Total

Salary

Weighted average considers the number of people who receive each salary.

$55,000

$60,000

$65,000

$70,000

$75,000

2

5

2

1

1

$110,000

60,000

130,000

350,000

75,000

Median is the middle number in the range.

Totals 11 $725,000

Mode is the most frequently occurring wage.

Unweighted Average = $65,000

Weighted Average = $65,909

© SHRM 4-50

Module 4 Reinforcement Activity

$20,000

$25,000

$30,000

$35,000

$50,000

$55,000

$30,000 $40,000 $55,000

$30,000 $40,000 $60,000

What is the mode of the salaries listed?

What is the median salary?

© SHRM Module 4, Activity 2, Slide 51

Module 4 Reinforcement Activity

Compensation Computation the salaries listed?

What is the

$30,000 median salary?

$20,000

$25,000

$30,000

$30,000

$30,000

$35,000

$20,000 $30,000 $50,000

$40,000

$25,000 $35,000 $55,000

$40,000

$30,000 $40,000 $55,000

$50,000

$30,000 $40,000 $60,000

$55,000

$60,000

$60,000

© SHRM Module 4, Activity 2, Slide 52

Module 4 Reinforcement Activity

Position

Grade 5

Salary

$26,000

Staff

5

Grade 6 $30,000 2

Grade 7 $40,000 3

What is the unweighted average of the salaries?

What is the weighted average?

© SHRM Module 4, Activity 2, Slide 53

Module 4 Reinforcement Activity

Position

Grade 5

Salary

$26,000

Staff

5

Grade 6 $30,000 2

Grade 7 $40,000 3

What is the unweighted average of the salaries?

$26,000

$30,000

$40,000

$96,000/3 =

$32,000

© SHRM

What is the weighted average?

$26,000 * 5 = $130,000

$30,000 * 2 = $60,000

$40,000 * 3 = $120,000

$310,000/10

$31,000

Module 4, Activity 2, Slide 54

Quartiles and Percentiles

• Show how groups relate to each other.

• Show if an organization leads, lags, or matches the job market.

0%

1st quartile

$55,000

Entry wage

$60,000

2nd quartile

50%

3rd quartile

$65,000

Midpoint

4th quartile

100%

$70,000 $75,000

Maximum wage

© SHRM 4-55

Creating a Pay Structure

Establish pay grades.

• Group jobs that have the same relative internal or external worth.

• Pay the same rate or within the same pay range.

Set pay ranges.

• Set upper/lower bounds of possible compensation for individuals whose jobs fall in a pay grade.

• Market data from surveys used to determine a midpoint.

© SHRM 4-56

Range Spreads

• Subtract the range minimum from range maximum and then divide by the range minimum

• Typical range spread:

Nonexempt positions 40%

Exempt positions 50%

Executive positions 60%

© SHRM 4-57

Compa-ratios

• When pay ranges are based on the target market rate, compa-ratios are an indicator as to how actual wages match, lead or lag behind the target markets

© SHRM 4-58

Compa-Ratios

• Divide the pay rate of an employee by the midpoint of the range.

• Given a range of $16 to $20 an hour, a midpoint of $18, and a salary of $16 an hour, the compa-ratio is:

$16 ÷ $18 = .89 or 89%.

• Compa-ratios below 1.00 mean wages are below the midpoint; compa-ratios greater than

1.00 mean wages exceed the midpoint.

© SHRM 4-59

Discussion question

• What are the reasons that might cause the compa-ratio to be below 100%

© SHRM 4-60

An employee earns $9 an hour, and the pay range is $8 to $12. What is the compa-ratio?

A. 66%

B. 80%

C. 90%

D. 111%

© SHRM 4-61

Broadbanding

• Combines several salary grades or job classifications.

Management

$50,000

Supervisory

110%

$105,000

Technical

$22,000

Service Experts

$17,000

124%

$38,000

209%

$68,000

© SHRM 4-62

Broadbanding Advantages and

Disadvantages

Advantages

• Provides wider ranges.

• Reduces the number of job grades.

• Supports de-layering.

• Provides more autonomy to line managers.

• Enhances employee mobility.

Disadvantages

• Reduces the value of ranges.

• Affords less control.

• Creates overly broad ranges.

Difficult to maintain perception of equity.

• Reduces the opportunity for promotion.

• Can lead to divergence from the market.

© SHRM 4-63

© SHRM

Payroll Functions and Systems

Completing paychecks

Record keeping and retention

Payroll systems

4-64

Base-Pay Systems

Develop a pay determination system that helps attract, motivate, and retain employees.

© SHRM

Most employees receive base pay in the form of an hourly wage or salary.

4-65

Single- or Flat-Rate System

• Employees receive the same rate of pay, regardless of performance or seniority.

• Typically used for elected jobs in the public sector or union hourly positions.

• Generally corresponds to target market survey data for the job.

• There may be a training wage in a flatrate job.

© SHRM 4-66

Time-Based Step-Rate System

• Rate is based on longevity.

• Pay increases occur on a predetermined schedule.

– Automatic step-rate

– Step-rate with variabilitybased performance

– Combination step-rate and performance

2

1

© SHRM

3

4

5

4-67

Performance-Based/Merit Pay

System

• Individual performance is the basis for pay.

• Increases are tied to performance and job mastery.

• Employers must be able to defend performance appraisal methods and differences in salary increases.

© SHRM 4-68

Productivity-Based System

Pay is determined by employee’s output.

• Straight piece-rate

− Base wage rate plus additional compensation for output

• Differential piece-rate

− One piece rate up to the standard and a higher rate after the standard is exceeded

• Works best in assembly and manufacturing situations.

© SHRM 4-69

Person-Based System

• Employee’s characteristics determine pay.

• Superior knowledge or skill mastery is rewarded.

– Knowledge-based (scientists whose pay is based on knowledge in a field or domain)

– Skill-based (machine operators cross-trained on a variety of production equipment)

– Competency-based (professionals who excel at defined competencies)

© SHRM 4-70

A window manufacturer guarantees its installers a base wage plus an extra $25 for each job completed to specifications.

The employer is using a

A. merit pay system.

B. productivity-based system.

C. competency-based system.

D. flat-rate system.

© SHRM 4-71

Pay Variations

Red-circle rates

• Rates above the range maximum

Green-circle rates

Pay compression

• Rates below the range maximum

• Small differences in pay regardless of experience, skills, level, or seniority

© SHRM 4-72

Discussion question

• When can red circle rates happen?

• What can cause green circled rates?

• When does a pay compression occur?

© SHRM 4-73

© SHRM

Pay Adjustments

Pay adjustment matrix

General pay increase

COLAs

Seniority

Lump-sum increases

Marketbased increases

4-74

Time-Based Differential Pay

Based on when an employee works.

Except for overtime, FLSA does not require differential pay.

Examples:

• Shift pay

• Emergency-shift pay

• Premium pay

• Hazard pay

• On-call or call-back pay

• Reporting pay

• Travel pay

© SHRM 4-75

Geographic Differential Pay

Geographic Differential Pay

• Differentials for labor costs

• Differentials to attract workers to certain locations

• Differentials for foreign pay

© SHRM 4-76

Incentive Pay

• Paying for performance beyond expectations.

• Motivates employees to perform at higher levels.

• May be a factor when determining overtime pay.

Research tax ramifications before implementing any incentive pay plan.

© SHRM 4-77

Plan criteria

• Must be in concert with other organizational programs

• Must be in employee’s line of sight

• Must have a sunset clause

• Must incorporate short and long term perspectives

© SHRM 4-78

Individual Incentive Plans

• Improve individual performance.

• Kept separate from base pay.

© SHRM

Cash awards

Provide extra cash compensation based on performance

Examples: lump sum awards, piece rates, commissions

Noncash award programs

Merit awards used to recognize performance, special contributions, length of service

Examples: gifts, awards, trips, prizes

4-79

Group Incentive Plans

• Gainsharing

– Organization shares a portion of the gains realized from group effort.

• Scanlon, Rucker, and Improshare

• Group performance

– Group is rewarded for meeting or exceeding performance standards.

• Typically, each person receives the same amount as a percentage of pay or flat dollar award.

© SHRM 4-80

Organization-Wide Incentive Pay

Plans

Profit-sharing plans

• Allow employees to share in profits.

• Include cash and deferred profit sharing.

Performancesharing plans

• Use predetermined criteria and standards to measure results.

• Create a fund for incentive awards.

• Can be based on factors such as customer satisfaction and quality.

4-81 © SHRM

Stock-Based Plans

• Encourage employees to share in the success of the organization.

• Stock may be purchased or earned.

• Organization may facilitate stock purchase through payroll contributions.

• Organization may structure stock purchase as a form of ERISA-governed qualified retirement plan (ESOP).

– Nonleveraged ESOPs

– Leveraged ESOPs

© SHRM 4-82

Long-Term Executive Incentives

SPHR only

Stock option plans (ISOs and NQSOs)

Stock purchase plans

Phantom stock

Restricted stock grants

Restricted stock units

Performance grants

© SHRM 4-83

Direct Sales Compensation

Straight salary

More time is spent on service than sales.

There is a long sales cycle.

© SHRM

Straight commission

Use when:

Goal is to increase volume and control costs.

Salary plus commission

Organization needs to reward behaviors that support strategy.

Plan needs to be adaptable.

4-84

Compensation for Professionals

Dual career ladder

Allows senior technical personnel to earn as much as management personnel.

Maturity curves

Correlate pay with time spent in the field.

Used for teachers, engineers, and technical personnel.

© SHRM 4-85

Controlling Costs

Setting ranges

• Setting upper and lower compensation bounds.

• Using comparatios to evaluate if policies are being implemented appropriately.

Budgeting

• Top-down approach is best at controlling costs.

© SHRM

Auditing

• Monitoring of expenditures.

4-86

Benefits of Qualified Deferred

Compensation Plans

Allow organizations to recruit and retain employees.

Allow people to retire, creating opportunities for others.

© SHRM

Provide tax deferrals for plan participants if plans comply with ERISA and IRS Code.

4-87

Characteristics of Qualified Plans

• Under ERISA, plans must:

– Be in writing and be communicated to employees.

– Be established for exclusive benefit of employees/beneficiaries.

– Satisfy rules concerning eligibility, vesting, and funding.

– Not favor officers, shareholders, or HCEs.

© SHRM 4-88

Defined Benefit Plans

© SHRM

• Benefit amount is

Benefit amount is

• Employer funds the

• Insured by the PBGC.

PBGC.

Career-average formula formula

Final-pay

4-89

Defined Contribution Plans

© SHRM

• Benefit amount is

• based on a formula.

Employer funds the

• person into the fund.

plan and bears the

Benefits are risk.

Insured by the PBGC.

and fund performance.

Flat-dollar formula

Profit-sharing plans

Career-average formula

Cash balance plan

ESOPs

Roth 401(k)/403(b) plans

4-90

Other Tax-Deferred Plans

Individual retirement accounts (IRAs)

Roth IRAs

Savings Incentive

Match Plan for

Employees

(SIMPLE)

457 plans

Simplified

Employee

Pensions (SEPs)

© SHRM 4-91

529 Plans

• Referred to as qualified tuition programs

(QTPs).

• Federal tax-free way to save money for college.

– College savings plan

• Establishes an account for a future student.

• May be used at any college.

– Prepaid tuition plan

• Locks in future tuition at current price.

• Used at participating in-state public colleges and universities.

© SHRM 4-92

Nonqualified Deferred Compensation

Plans

• Provide additional benefits to key executives.

• Do not qualify for favorable treatment under

ERISA.

• Employees defer reporting income; not subject to the limits placed on qualified plans.

• Employer contributions are not deductible.

• Funds are not protected by ERISA or PBGC.

Examples:

Top hat plans, 457(f) plans, excess deferral plans, rabbi trusts

© SHRM 4-93

Qualified Domestic Relations Orders

(QDROs)

• Create or recognize the right of an alternate payee to receive all or a portion of pension benefits.

• Orders must relate to child support, alimony, or marital property rights and must be made under state domestic relations law.

Related case: Kennedy v. Plan Administrators for

Dupont Savings

© SHRM 4-94

Global Compensation and Benefits

Considerations

SPHR only

• Standardization versus localization

• Culture

Competitive labor market

• Collective bargaining, employee representation, and government mandates

• Economic factors

• Taxation

• Laws and regulations

© SHRM 4-95

© SHRM

International Compensation

Approaches

SPHR only

Negotiation/ad hoc

Pure localization

Higher-of-home-or-host-country

Home-country-based balance sheet

Headquarters-based balance sheet

Lump-sum

Cafeteria

4-96

SPHR only

What is the advantage of paying an international assignee a differential between home-country costs and assignment costs?

A. It preserves purchasing power regardless of country of origin.

B. It requires minimal planning and is easy to administer.

C. It is more tax-effective for the employee.

D. It gives the international assignee a choice.

© SHRM 4-97

© SHRM

International Benefit Variations

SPHR only

Benefits that are government-provided

Benefits that are government-mandated

Benefits that are voluntary (discretionary)

Benefits that are market practice

Tax treatment of benefits

4-98

Nonsalary International Benefits

SPHR only

Social security

Paid time off

Retirement

© SHRM

Severance

Health and welfare insurance (health care, disability, and life insurance)

4-99

© SHRM

Totalization Agreements

International social security agreements.

SPHR only

Eliminate dual social security coverage and taxes for employers and workers.

Fill gaps in benefit protection for workers.

4-100

Evaluating the Compensation and Benefits System

• Is it in compliance?

• Is it compatible with the organization’s mission and strategy?

• Does it fit the culture? Is it appropriate for the workforce?

• Is it internally equitable?

© SHRM

• Is it externally competitive?

4-101

Required Communication

• ERISA requires:

– Summary plan description, summary annual report, and summary of material modifications.

– Filing Form 5500 with the DOL.

• Other required communications include:

– FMLA policy.

– COBRA continuation of benefits notice.

– Special HIPAA enrollment rights and privacy rights.

– Medicare Part D notification.

– PPA notice and disclosure requirements for retirement plans.

– Explanation of stock options (SEC regulations).

– Posting of all required federal, state, and local employment laws.

© SHRM 4-102

© SHRM

Voluntary Communication

Communication plans

Direct communication

4-103

Self-Service Technology Benefits

• Reduced administrative work for HR.

• Increased accuracy of employee data.

• Improved timeliness in information and employee transactions.

• Reduced dollars spent on other traditional HR delivery channels

(e.g., paper-based transactions).

• Enhanced reputation as a

“green,” environmentally conscious employer.

© SHRM 4-104

Download