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Transcript of Module 4: Compensation and Benefits 19% PHR 13% SPHR 4-1© SHRM Any student use of these slides is...
Module 4: Compensation and Benefits
19% PHR13% SPHR
4-1© SHRM
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.
Compensation Legislation
• Requires prevailing wages/benefits on federal construction projects
Davis-Bacon Act
• Precludes federal contractors from inducing employees to give up any part of compensation
Copeland “Anti-Kickback” Act
• Extends prevailing wages to federal suppliers
• Stipulates overtime pay
Walsh-Healey Act
• Requires prevailing wages/benefits on all federal contracts
Service Contract Act
4-2© SHRM
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.
4-3© SHRM
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
4-4© SHRM
IRS Independent Contractor Test
© SHRM 4-5
Behavioral control
Financial control
Type of relationship
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.
4-6© SHRM
FLSA Exemptions
An exempt employee must meet three requirements.
Minimum salary
Paid on a salary basis without improper deductions
Exempt duties
4-7© SHRM
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
Primary Duty Issue
© SHRM
Executive Exemption
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.
4-9© SHRM
An employee must:
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.”
4-10© SHRM
Learned
profession
als
• 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
profession
als
• Must meet minimum salary requirements.• Perform work that requires invention, imagination, originality,
or talent. • Perform in a recognized field of creative or artistic endeavor.
Professional Exemptions
© 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.
4-12© SHRM
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.
4-13© SHRM
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.
4-14© SHRM
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
Improper Deductions
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.
4-16© SHRM
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
FLSA Basic Overtime Provisions
Discussion question
4-18© SHRM
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?
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
4-19© SHRM
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) = $490.00ASTHE = $490/45 hours = $10.89Overtime premium = $10.89 0.5 = $5.45 5 = $27.25Total gross pay = $517.25
4-20© SHRM
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.
4-21© SHRM
$ $
Presently, compensatory time is not allowed for private-sector nonexempt employees.
FLSA Child Labor Provisions
Restrict hours and conditions of employment for minors.
Age FLSA Regulations Under age 14
Prohibited from most nonfarm work May be employed by parents Certain jobs permitted (e.g., actors, newspaper
carriers)
Ages 14-15
During school hours: 3 hours/day, 18 hours/week
During school vacations: 8 hours/day, 40 hours/week
Work hours restricted
Ages 16-17
Prohibited from hazardous jobs No other restrictions
4-22© SHRM
Minimum Wage Provisions
4-23© SHRM
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
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)
4-24© SHRM
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
4-25© SHRM
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
4-27© SHRM
© SHRM 4-28
Day
Friday
Saturday
Sunday
Activity
Travels to conference and works en route
Works at conference
Travels from conference and does not work en route
7 8 9 10 11 12 1 2 3 4 5 6 7AM PM
Normal Work Hours
Time
Total Paid Hours
5
12
4
Paid time
Unpaid time
Travel Pay
Equal Pay Act (EPA)
Mandates equal pay for equal work.
4-29© SHRM
Skills Effort
Responsibility Working Conditions
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.
4-30© SHRM
Exceptions to Equal Pay Act
• Seniority• Merit System• Difference in quality or quantity of work• Geographic work differential• Any factor other than gender
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© SHRM
Module 4 Reinforcement Activity
Case 3: Male bartender
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© SHRM
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.
4-38© SHRM
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.
© SHRM 4-39
Work Opportunity Tax Credit (WOTC)
Additional Compensation Legislation
4-40© SHRM
• States that the statute of limitations on pay discrimination lawsuits resets as each allegedly discriminatory paycheck is issued
Lilly Ledbetter Fair Pay Act
• States required communications related to executive compensation at publicly traded companies
Dodd-Frank Wall Street Reform and Consumer Protection Act
• Provides guidelines regarding the determination of reasonable compensation for executives of nonprofit organizations
IRS Intermediate Sanctions
Job Evaluation
• Determines the relative worth of each job by establishing a hierarchy.
• Follows job analysis, which focuses on job descriptions and specifications.
4-41© SHRM
Job Evaluation Methods
Nonquantitative Methods
Quantitative Methods
Job-to-job comparison
Job ranking
Factor comparison
method
Job-to-predetermined-standard comparison
Job classification
Point-factor method
4-42© SHRM
Nonquantitative (Whole-Job) Evaluation
• Establishes a relative order of jobs. • Does not assign numeric values.
Jobranking
Pairedcomparison
Jobclassification
Job-to-jobcomparison
Job-to-predetermined-standard comparison
4-43© SHRM
Quantitative Evaluation
• Uses a scaling system to evaluate the value of one job is as compared to another.
• Provides a score.
Point-factormethod
Factor comparisonmethod
Less complex, commonly used
Most complex, used infrequently
4-44© SHRM
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.
May 4, 2011 Nov 2, 2011220 600300 400 500 700 800 900 1,100
Job A Job B Job D Job E
Points
Job C
4-45© SHRM
Market-Based Evaluation
4-46© SHRM
Prices jobs in the labor market(s)in which an organization competes.
Uses prevailing rates as the relative “worth” of the jobs.
Not a true job evaluation system; can be used to develop a job-worth hierarchy.
Pay Surveys
4-47© SHRM
Externalpublished
survey data
Full control of the survey (e.g., design, administration)
Ability to: Participate in
survey Provide some input
to survey design
Example:Local HR association contracts with a compensation firm
Limited participation, if any (e.g., may submit salary data)
No control/no input to survey design
Examples: Mercer Towers Watson
No participation No control/no input to
survey design Widely available May need to purchase
survey data
Internal custom survey outsourcedto a consulting firm
External surveyoutsourced to aconsulting firm
External surveyconducted by aconsulting firm
Examples: DOL surveys BLS surveys SHRM surveys
Internal External
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.
4-48© SHRM
Sorting Salary Data
Frequency distributions and tables sort salary data.
Mean Salary
Number of Incumbents
$55,000$60,000$65,000$70,000$75,000
21251
• Frequency distribution− Lists the grouped
data, from lowest to highest.
• Frequency table− Shows the number of
incumbents who receive a particular salary.
4-49© SHRM
Salary Data: Measures of Central Tendency
Unweighted average gives equal weight to every salary.
Weighted average considers the number of people who receive each salary.
Median is the middle number in the range.
Mode is the most frequently occurring wage. Unweighted Average = $65,000
Weighted Average = $65,909
Annual Salary
# of Incumbents
Total Salary
$55,000$60,000$65,000$70,000$75,000
21251
$110,00060,000
130,000350,00075,000
Totals 11 $725,000
4-50© SHRM
Module 4 Reinforcement ActivityCompensation Computation
$20,000 $30,000 $50,000
$25,000 $35,000 $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?
Module 4, Activity 2, Slide 51© SHRM
Module 4 Reinforcement ActivityCompensation Computation
$20,000 $30,000 $50,000
$25,000 $35,000 $55,000
$30,000 $40,000 $55,000
$30,000 $40,000 $60,000
What is the mode of the salaries listed?
$30,000
What is the median salary?
$20,000
$25,000
$30,000
$30,000
$30,000
$35,000
$40,000
$40,000
$50,000
$55,000
$60,000
$60,000
Module 4, Activity 2, Slide 52© SHRM
Module 4 Reinforcement ActivityCompensation Computation
Position Salary Staff
Grade 5 $26,000 5
Grade 6 $30,000 2
Grade 7 $40,000 3
What is the unweighted average of the salaries?
What is the weighted average?
Module 4, Activity 2, Slide 53© SHRM
Module 4 Reinforcement ActivityCompensation Computation
Position Salary Staff
Grade 5 $26,000 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
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© SHRM
Quartiles and Percentiles
• Show how groups relate to each other.• Show if an organization leads, lags, or
matches the job market.
$55,000Entry wage
1st quartile
$65,000Midpoint
$75,000Maximum wage
$60,000 $70,000
0% 50% 100%2nd quartile 3rd quartile 4th quartile
4-55© SHRM
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.
4-56© SHRM
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%
4-57© SHRM
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
4-58© SHRM
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.
4-59© SHRM
Discussion question
• What are the reasons that might cause the compa-ratio to be below 100%
4-60© SHRM
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%
4-61© SHRM
Broadbanding
• Combines several salary grades or job classifications.
4-62© SHRM
Management
$105,000$50,000
Supervisory
$68,000
Technical
$22,000
Service Experts
$38,000$17,000124%
209%
110%
Broadbanding Advantages and Disadvantages
Advantages Disadvantages
• Provides wider ranges.• Reduces the number of
job grades.• Supports de-layering.• Provides more autonomy
to line managers.• Enhances employee
mobility.
• 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.
4-63© SHRM
Payroll Functions and Systems
Completing paychecks
Record keeping and retention
Payroll systems
© SHRM 4-64
Base-Pay Systems
4-65© SHRM
Develop a pay determination system that helps attract, motivate,
and retain employees.
Most employee
s receive
base
pay in
the form of an
hourly wage or salary.
$$$
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 flat-rate job.
4-66© SHRM
Time-Based Step-Rate System
• Rate is based on longevity.• Pay increases occur on a
predetermined schedule.– Automatic step-rate– Step-rate with variability-
based performance– Combination step-rate
and performance
12
3
45
4-67© SHRM
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.
4-68© SHRM
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.
4-69© SHRM
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)
4-70© SHRM
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.
4-71© SHRM
Pay Variations
4-72© SHRM
• Rates above the range maximumRed-circle rates
• Rates below the range maximum
Green-circle rates
• Small differences in pay regardless of experience, skills, level, or seniority
Pay compression
Discussion question
• When can red circle rates happen?• What can cause green circled rates?• When does a pay compression occur?
4-73© SHRM
Pay Adjustments
Pay adjustment
matrixCOLAs
General pay increase Seniority
Lump-sum increases
Market-based increases
4-74© SHRM
Examples:
© SHRM 4-75
Based on when an employee works.
Except for overtime, FLSA does not require differential pay.
• Shift pay• Emergency-shift pay• Premium pay• Hazard pay
• On-call or call-back pay• Reporting pay• Travel pay
Time-Based Differential Pay
Geographic Differential Pay• Differentials for labor
costs• Differentials to attract
workers to certain locations
• Differentials for foreign pay
© SHRM 4-76
Geographic Differential Pay
$
$
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.
4-77© SHRM
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
4-78© SHRM
Individual Incentive Plans
• Improve individual performance.• Kept separate from base pay.
4-79© SHRM
Provide extra cash compensation based on performance
Examples: lump sum awards, piece rates, commissions Cash
awards
Merit awards used to recognize performance, special contributions, length of service
Examples: gifts, awards, trips, prizes
Noncash
award progra
ms
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.
4-80© SHRM
Organization-Wide Incentive Pay Plans
Profit-sharing plans
• Allow employees to share in profits.
• Include cash and deferred profit sharing.
Performance-sharing 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
4-82© SHRM
Long-Term Executive Incentives
Stock option plans (ISOs and NQSOs)
Stock purchase plans
Phantom stock
Restricted stock grants
Restricted stock units
Performance grants
SPHR only
4-83© SHRM
Direct Sales Compensation
Straight commission
Salary pluscommission
Straight salary
More time is spent on service than sales.
There is a long sales cycle.
Goal is to increase volume and control costs.
Use when:
Organization needs to reward behaviors that support strategy.
Plan needs to be adaptable.
4-84© SHRM
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.
4-85© SHRM
Controlling Costs
4-86© SHRM
Setting ranges
•Setting upper and lower compensation bounds.•Using compa-ratios to evaluate if policies are being implemented appropriately.
Budgeting
•Top-down approach is best at controlling costs.
Auditing
•Monitoring of expenditures.
Benefits of Qualified Deferred Compensation Plans
4-87© SHRM
Allow organizations to recruit and retain employees.
Allow people to retire, creating opportunities for others.
Provide tax deferrals for plan participants if plans comply with ERISA and IRS Code.
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.
4-88© SHRM
Defined Benefit Plans
• Benefit amount is based on a formula.
• Employer funds the plan and bears the risk.
• Insured by the PBGC.
Flat-dollar formula
Career-averageformula
Final-pay formula
Cash balance plan
• Benefit amount is based on a formula.
• Employer funds the plan and bears the risk.
• Insured by the PBGC.
Flat-dollar formula
Career-averageformula
Final-payformula
Cash balance plan
4-89© SHRM
Defined Contribution Plans
• Benefit amount is based on a formula.
• Employer funds the plan and bears the risk.
• Insured by the PBGC.
Flat-dollar formula
Career-averageformula
Final-pay formula
Cash balance plan
• Employees and/or employers pay a specific amount per person into the fund.
• Benefits are determined by amounts contributed and fund performance.
Profit-sharing plans
Money purchase plans
ESOPs
401(k) plans;403(b) plans;Roth 401(k)/403(b) plans
4-90© SHRM
Individual retirement accounts (IRAs)
Roth IRAs
Simplified Employee Pensions (SEPs)
Savings Incentive Match Plan for Employees
(SIMPLE)
457 plans
Other Tax-Deferred Plans
© 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.
4-92© SHRM
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
4-93© SHRM
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.
4-94© SHRM
Related case: Kennedy v. Plan Administrators for Dupont Savings
Global Compensation and Benefits Considerations
• Standardization versus localization
• Culture• Competitive labor
market
SPHR only
4-95© SHRM
• Collective bargaining, employee representation, and government mandates
• Economic factors• Taxation• Laws and regulations
International Compensation Approaches
SPHR only
4-96© SHRM
Negotiation/ad hoc
Pure localization
Higher-of-home-or-host-country
Home-country-based balance sheet
Headquarters-based balance sheet
Lump-sum
Cafeteria
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.
SPHR only
4-97© SHRM
International Benefit Variations
SPHR only
4-98© SHRM
Benefits that are government-provided
Benefits that are government-mandated
Benefits that are voluntary (discretionary)
Benefits that are market practice
Tax treatment of benefits
Nonsalary International Benefits
SPHR only
4-99© SHRM
Social security
Paid time off
Retirement
Severance
Health and welfare insurance (health care, disability, and life insurance)
Totalization Agreements
SPHR only
4-100© SHRM
International social security agreements.
Eliminate dual social security coverage and
taxes for employers and workers.
Fill gaps in benefit protection
for workers.
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?
• Is it externally competitive?4-101© SHRM
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.
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• 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.
Self-Service Technology Benefits
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