The Wagner Law Group PBGC Comment Letter – September 17, 2026
The Wagner Law Group PBGC Comment Letter - September 17, 2026
The Wagner Law Group PBGC Comment Letter - September 17, 2026
Former Senior PBGC Attorney Offers Practical Guidance on PBGC Distress and Involuntary Terminations - Harold Ashner, The Wagner Law Group Press Release, September 17, 2026 (PDF)
An underfunded pension plan may be manageable while a company is healthy. When the business is already under financial strain, however, the plan can threaten the company’s survival. Termination may be the only workable course, even though it creates substantial...
PBGC Distress and Involuntary Terminations: A Brief Overview and Some Observations - Harold Ashner, Journal of Pension Planning & Compliance, Fall 2026, Vol. 52, No. 3
Bally’s Class Action Launches Circuit Reviews of Smoking Penalties - Andrew Oringer, Bloomberg Law, September 15, 2026 (PDF)
Education Freedom Tax Credit: What HR Needs to Know Before 2027 - Marcia Wagner, SHRM, September 10, 2026 (PDF)
Financial Wellness Beyond Education: Closing the Retirement Readiness Gap - Marcia Wagner, panelist, ebri Benefits at Work conference, September 16, 2026 - Click here for details
Pension Funds Say Government Insurer Botched Bailout Program - Israel Goldowitz, Bloomberg Law, September 2, 2026 (PDF)
Empower Spotlights Major Shift Ahead for Your Retirement - Marcia Wagner, The Street, August 20, 2026 (PDF)
16 Attorneys from The Wagner Law Group to be Recognized in 2027 Edition of The Best Lawyers in America© - Marcia S. Wagner, Thomas E. Clark Jr., Andrew Oringer, Harold Ashner, David Gabor, Russell Gaudreau, Jr., Israel Goldowitz, Evelyn A. Haralampu, Mary B. Hevener,...
Trustees Exceeded Easement Rights on Cape Pogue, Judge Rules - Denise Chicoine, Vineyard Gazette, August 13, 2026 (PDF)
Behind the Curtain: Undraping CAA 2026 & Its Impact on Benefits Transparency - Thomas Clark, Jr., panelist, Foundation Risk Partners/Corporate Synergies webinar, August 11. 2026 - Click here for recording
Tobacco Penalty Suit Frenzy Reveals Post-Loper Bright Disarray - Andrew Oringer, Bloomberg Law, July 30, 2026 (PDF)
Merrill Lynch's 'Hail Mary' Attempt to Compel Dynasty into Arbitration Over OpenArc Breakaway Fell Yards Short After a Federal Judge Blocked the Effort - Ari Sonneberg, RIABiz, July 26, 2026 (PDF)
Online Legal Research Secrets and Websites You’ll Wish You Knew About Sooner - David Gabor, panelist, National Business Institute (NBI) Live Webinar, October 16, 2026, 10:00 AM - 5:00 PM (EDT) - Click here for details and registration
The Reality of ‘Frenemies’ in Provider Relationships - Marcia Wagner, planadviser, July 16, 2026 (PDF)
By Ari Sonneberg and Barry Salkin In its January 2026 statement of enforcement policy, the Department of Labor (“DOL”) indicated that cybersecurity and data protection were its highest priority. Under current law, a participant or a beneficiary in a tax-favored...
DOL Audit Yields Recommendations for 3 Agencies - Andrew Oringer, PLANSPONOSR, July 8, 2026 (PDF)
Marshal S. Grant Joins The Wagner Law Group’s Boston Office - The Wagner Law Group Press Release, July 7, 2026 (PDF)
Anthony G. Provenzano Joins The Wagner Law Group’s Washington, D.C. Office - The Wagner Law Group Press Release, July 6, 2026 (PDF)
What Makes a Provider Partnership Truly ‘Fiduciary-Ready’? - Ari Sonneberg, planadviser, July 2, 2026 (PDF)
Key Democrat Worries DOL Alts Rule Would Cause Public Markets to 'Wither' - Andrew Oringer, Wealth Management, June 30, 2026 (PDF)
Mastering Conservation Easement Appraisals: Think Like The IRS - Stephen Small, panelist, University of Utah S.J. Qiunney College of Law Live Virtual Program, August 12, 2026, 10;00 AM - 6:00 PM (EDT) - Click here for details
Pontera Turns to Washington Insiders in a Backdoor Plan to Shake Loose Fidelity's File-Sharing Ban - Ari Sonneberg, RIABiz, June 23, 2026 (PDF)
AI in Document Review and Management: The Ultimate Guide - David Gabor, panelist, National Business Institute live webinar, September 22, 2026, 10:00 AM - 5:00 PM (EDT) - Click here for details and registration
The Tax Implications of Fringe Benefits: Everything You Need To Know For All Municipal and School Officials - Marcia Wagner, presenter, The Institute for Professional Development, Aug 12, 2026 - Click here for details and registration
Legal Writing Skills Every Attorney Must Know - David Gabor, panelist, National Business Institute live webinar, June 11, 2026, 10:00 AM - 5:00 PM (EDT) - Click here for details
Chambers USA Recognizes The Wagner Law Group and Attorneys Harold Ashner, Eric Keller, Andrew Oringer, Roberta Casper Watson and Stephen Wilkes - EIN Presswire, June 5, 2026 (PDF)
By Israel Goldowitz Withdrawn employers have always sought to minimize withdrawal liability, while multiemployer plans have sought to maximize it. The Pension Benefit Guaranty Corporation (PBGC) has sought to protect plan participants and the multiemployer insurance...
By Ari Sonneberg The Internal Revenue Service has announced the 2027 calendar year dollar limits for health savings account (“HSA”) contributions, the minimum deductible amounts, and the maximum out-of-pocket expenses for high deductible health plans (“HDHPs”). The...
Schwab Clarifies That its Mass Proliferation of 'Wealth' Offices Nationally is Way to Generate 'Connectivity' - Ari Sonneberg, RIABiz, June 1, 2026 (PDF)
Cuts To Benefits Come With Risks For Employers, Attys Say - Andrew Oringer, Law360, May 29, 2026 (PDF)
Our periodic Washington D.C. newsletter highlights the expertise of our Wagner Law Group attorneys analyzing legislative, regulatory and other cutting-edge benefits issues arising from activity in Washington or other important jurisdictions. Our office members are...
‘Withdrawal Liability’ May Rise After Supreme Court Decision - Marcia Wagner, SHRM, May 21, 2026 (PDF)
We are delighted to announce that Jason Lindquist has joined our firm as Chief Financial Officer. Jason’s exceptional financial acumen, strategic leadership, and operational expertise make him an outstanding addition to our executive team. His extensive experience...
AI Enters ERISA’s Document-Heavy World, Promising Benefits and Revealing Risks – Marcia Wagner, PLANSPONSOR, May 18, 2026 (PDF)
What’s at the Top of Tom Clark's Regulatory Watchlist? PSCA National - Thomas Clark, Jr., National Association of Plan Advisors (NAPA), May 8, 2026 (PDF)
HIPAA Best Practices for HR: Ensuring Confidentiality of Medical Information – Marcia Wagner, Presenter, National Business Institute (NBI) North Dakota Human Resource Law Boot Camp, May 12, 2026 – Click here for details
Keeping Your Retirement Savings Clear of the Government’s Thumb - Marcia Wagner, Advisor Perspectives, May 5, 2025 (PDF)
The Ninth Circuit Court of Appeals, in Wallace v. Hartford Life, has upheld a lower court’s determination that a Long-Term Disability (“LTD”) plan’s benefit denial was appropriate despite a clear structural conflict of interest presented in the case by the plan’s...
The IRS has issued updated frequently asked questions (“FAQs”) regarding educational assistance programs under Internal Revenue Code (“Code”) Section 127. The revised FAQs implement certain changes made to Section 127 programs by the One Big Beautiful Bill Act...
The Centers for Medicare and Medicaid Services (“CMS”) has issued final regulations relieving account-based plans, including health reimbursement arrangements (“HRAs”) and Individual Coverage HRAs (“ICHRAs”), from the requirement to provide notices of creditable...
Retirement Plan AI Spurs Evolving Risks for Employer Sponsors - Marcia Wagner, Bloomberg, April 20, 2026 (PDF)
Advisors on the Hook: ERISA Panel Says Burden of Proposed Rule Falls Squarely on Plan Advisors - Marcia Wagner, National Association of Plan Advisors (NAPA), April 20, 2026 (PDF)
Beyond 'Set It and Forget It:' Advisors on Winning New Business at the Participant Level - Thomas Clark, Jr., National Association of Plan Advisors (NAPA), April 19, 2026 (PDF)
States' Efforts to Rein in PBMs Hit a Legal Roadblock - Marcia Wagner, Axios, April 15, 2026 (PDF)
Easter Egg Hunts Fuel Homeowner’s Averse Possession Claim - Denise Chicoine, Massachusetts Lawyers Weekly, April 16, 2026 (PDF)
From Capitol Hill to Cigar City: NAPA Summit Roars Into Tampa - Marcia Wagner, National Association of Plan Advisors (NAPA), April 14, 2026 (PDF)
By Barry Salkin, Andrew Oringer, Stephen Wilkes and Ari Sonneberg Yesterday, March 31, 2026, the U.S. Department of Labor (the “DOL”) issued a proposed regulation (the “Proposed Regulation”) under the Employee Retirement Security Act of 1974 (“ERISA”) that would...
In Ehrlich v. Hartford Life & Accident Ins. Co., the U.S. District Court for the Northern District of California has ruled that when the administrator of a long-term disability (“LTD”) plan abused its discretion in denying LTD benefits, the employee was entitled...
DOL's Push to Curb 401(k) Suits Could Face Court Challenges - Andrew Oringer, Law360, March 31, 2026 (PDF)
Initial Guidance Regarding Trump Accounts - Marcia Wagner and Jon C. Schultze, 401(k) Advisor, March, 2026
A Retirement Saver Protection Rule Has Died — for the Second Time. What it Means for Investors - Andrew Oringer, CNBC, March 30, 2026 (PDF)
401(k) Alternative Asset Rule Proposed by Labor Department - Andrew Oringer, CNBC, March 30, 2026 (PDF)
A recent judicial decision from the U.S. Court of Appeals for the Second Circuit, decided yesterday, March 26, 2026, shows the importance of the “plan assets” analysis under the Employee Retirement Income Security Act of 1974 (“ERISA”). If an employee benefit plan’s...
How Retirement Fiduciaries Can Help Health Plan Fiduciaries - Andrew Oringer, planadviser, March 27, 2026 (PDF)
Fintech Friday: How Ted Benna Is ‘Growing’ Participant Engagement - Marcia Wagner, National Association of Plan Advisors, March 26, 202 (PDF)
Webinar: Massachusetts Wage & Hour Issues: Traps for the Unwary - Katherine Brustowicz and Denise Chicoine The Wagner Law Group, free webinar, April 29, 2026, 12:00 - 12:45 PM (EDT) - Click here for recording
By Barry Salkin While it may have been simply a formality once the U.S. Department of Labor (DOL) advised the Court of Appeals for the Fifth Circuit that it was withdrawing its appeal of two Texas District Court decisions that, taken together, had invalidated the...
In Kliskey v Making Opportunity Count, Inc., the U.S. District Court for the District of Massachusetts ruled that an employee could not show illegal retaliation or interference under the Family and Medical Leave Act (“FMLA”) when she lost group health plan coverage...
Appeals Court Reverses Judge’s Interpretation of LTD Policy - Johanna Matloff, Massachusetts Lawyers Weekly, March 18, 2026 (PDF)
Appeals Court Ruling Upends Path for ERISA Class Actions - Andrew Oringer, PLANSPONSOR, March 17, 2026 (PDF)
by Andrew Oringer In prior Alerts, we have chronicled in some detail recent developments relating to the so-called Amended Fiduciary Rule under the Employee Retirement Income Security Act of 1974 ("ERISA") and its later incarnation, the Retirement Security Rule. Five...
Wealthfront CEO Disgorges his Mortgage Broker About a Month After the 'Textbook Conflict' Came to Light - Ari Sonneberg, RIABiz, March 16, 2026 (PDF)
4th Circ. Genworth Ruling Raises Bar For ERISA Class Actions - Andrew Oringer, Law360, March 13, 2026 (PDF)
In Rochelle v. City of Atlanta, the U.S. Court of Appeals for the Eleventh Circuit upheld a lower court’s decision that a terminated employee was not eligible to receive penalties for a COBRA notice violation because the employee suffered no harm due to this...
A Cushman Climate-Risk Lawsuit Reveals the ESG Debate’s New Fault Line - Marcia Wagner, Pensions & Investments, March 11, 2026 (PDF)
Exxon Cements Texas As Delaware's Emerging Rival - Andrew Oringer, Law360, March 11, 2026 (PDF)
Planning for Family Leave? Read the Fine Print - David Gabor and Katherine Brustowicz, Rethinking65, March 10, 2026 (PDF)
By Denise Chicoine and Andrew Oringer It has become axiomatic to say that artificial intelligence (AI) is everywhere. As the world is changing, the bar organizations and associations that have an interest in regulating the legal profession are trying to chase the...
The Department of Labor (“DOL”) has announced the overhaul of its national enforcement projects for fiscal year 2026. DOL’s national enforcement projects highlight “where it will focus its enforcement resources …to increase broad-based employee benefit plan...
2026 Fiduciary Issues Affecting Financial Advisers - Marcia Wagner, presenter, The Financial Planning Association FPA SHIFT™ conference, La Jolla, CA, April 22, 2026 - Click here for details
The Wagner Law Group Retiree Medical Trust Annual Meeting - Shana Saichek and Linda Stuessi, March 5 - 7, 2026. Scottsdale AZ
With Schwab's New $5-per-RIA-Client Trading Fees Set to Activate Tuesday, Michael Kitces Calls it a 'Walking-Back' of Chuck's 2019, Zero-Commission Pledge - Ari Sonneberg, RIABiz, February 27, 2026 (PDF)
During his February 24th State of the Union address, President Donald Trump announced a new federal initiative aimed at expanding retirement plan access for the approximately 50 million Americans who currently are not covered by any employer‑sponsored retirement...
4 Questions About Trump's Retirement Savings Pitch - Andrew Oringer, LAW360, February 26, 2025 (PDF)
4 Questions About Trump's Retirement Savings Pitch - Law360 - Andrew Oringer, Law360, February 25, 2026 (PDF)
Pharmacy Benefit Manager Contracting for Fully Insured and Self-Funded Group Plans - Stephen Wilkes, panelist, BARBRI CLE webinar, April 30, 2026, 1:00 - 2:30 PM (EDT) - Click here for details and registration
In Wilkie v. Outokumpo USA, the Court of Appeals for the Eleventh Circuit ruled that an employer can defend itself again claims of Family and Medical Leave Act (“FMLA”) violations by demonstrating that it would have terminated the employee regardless of whether he had...
Our periodic Washington D.C. newsletter highlights the expertise of our Wagner Law Group attorneys analyzing legislative, regulatory and other cutting-edge benefits issues arising from activity in Washington or other important jurisdictions. Our office members are...
By Stephen Wilkes, Camille Castro and Roberta Casper Watson On January 30, 2026, the Department of Labor (the “DOL”) issued a proposed rule, “Improving Transparency into Pharmacy Benefit Manager Fee Disclosures,” which if adopted in its present form will require...
By Barry Salkin and Jon Schultze The United States Postal Service (“USPS”) recently made a regulatory change that impacts when a piece of mail is considered to have been accepted by the USPS. This change may affect certain employee benefit (and other) filings, and...
Merrill Lynch Files Motion that Berates 'Dynasty' for 'Reneging' on Arbitration - Ari Sonneberg, RIABiz, February 17, 2026 (PDF)
The EEOC Pulled its Harassment Guidance. Now What? - Katherine Brustowicz and David Gabor, panelists, The Wagner Law Group complimentary webinar, March 11, 2026, 12:00 PM - 12:45 PM (EDT) - Click here for recording
Health and Human Services (“HHS”) has announced the maximum out-of-pocket (“OOP”) limits that will apply to non-grandfathered plans for plan years beginning in 2027. The OOP limits are based on estimates of employer-sponsored insurance premiums. They include the...
Why 1 Law Firm Picked a PEP - Marcia Wagner, PLANSPONSOR, February 2, 2026 (PDF)
In Hans v. Unum, the U.S. District Court for the Eastern District of Pennsylvania has ruled that the court cannot substitute its judgment to for an insurer’s comprehensive and reasoned benefits denial decision if the decision is supported by substantial evidence. Law....
A Playbook on the IRS’s Final Regulations on the Roth Catch-Up Contribution Requirement under the SECURE 2.0 Act - Marcia Wagner, Jon C. Schultze and Barry L. Salkin, 401(k) Advisor, January, 2026
From Automation to Personalization: How AI Will Redefine Retirement Plans by 2030 - Marcia Wagner, National Association of Plan Advisors, January 27, 205 (PDF)
Roberta Casper Watson Recognized in Tampa Magazine’s 2026 Top Lawyers List - The Wagner Law Group Press Release, January 26, 2026 (PDF)
The Centers for Medicare and Medicaid Services (“CMS”) has issued proposed regulations that would relieve health reimbursement arrangements (“HRAs”), including Individual Coverage HRAs (“ICHRAs”), from the requirement to provide notices of creditable coverage to...
Beyond the Plan: Maximizing the Participant Relationship to Win New Business - Thomas Clark, Jr., panelist, National Association of Plan Advisors 2026 401(k) Summit, Tampa, FL, April 19 – 21, 2026 – Click here for details
By Ari Sonneberg and Barry Salkin The U.S. House of Representatives has passed the Protecting Prudent Investment of Retirement Savings Act (H.R. 2988), which proposes substantial amendments to the Employee Retirement Income Security Act of 1974 (ERISA). If enacted,...
Jon Schultze focuses on Employee Benefits and ERISA.Jon oversees the firm's qualified retirement plan area, which...
Lawyers, Funds & Money: ERISA Litigation Applied to Your Practice - Marcia Wagner, panelist, National Association of Plan Advisors 2026 401(k) Summit, Tampa, FL, April 19 - 21, 2026 - Click here for details
In Advisory Opinion FMLA2026-2 (“Advisory Opinion”), the Department of Labor (“DOL”) has said that employees may use leave under the Family and Medical Leave Act (“FMLA”) for time spent traveling to or from covered medical appointments. Law. Under the FMLA, eligible...
Dream Team: Critical Litigation Lessons from Top ERISA Attorneys - Marcia Wagner, National Association of Pension Advisors, January 13, 2026 (PDF)
Wealthfront's Shares Nosedive After Tepid Flows and 'Stark' Revelation that its CEO Owns the Bank at Heart of Robo-Advisor's Mortgage Future - Ari Sonneberg, RIABiz, January 13, 2025 (PDF)
The IRS, in Notice 2026-6, has issued a one year extension of the transition period provided in Revenue Ruling 2025-4 for states and employers administering paid family and medical leave (“PFML”) programs with respect to medical leave benefits a state pays to an...
Envestnet 'Intentionally' Destroyed Crucial Evidence, a Judge Has Ruled - Ari Sonneberg, RIABiz, January 5, 2026 (PDF)
Easter Egg Hunts Fuel Homeowner’s Adverse Possession Claim - Denise Chicoine, Massachusetts Lawyers Weekly, December 29, 2025 (PDF)
Bringing Alternatives to DC Plan Participants Tops 2026 Regulatory Priorities - Andrew Oringer, Pensions & Investments, December 22, 2025 (PDF)
Alternative Investments in 401(k) Plans: Executive Order Implications and Key Fiduciary Considerations - Stephen Wilkes, John Sohn and Camille Castro, The Wagner Law Group White Paper, December 18, 2025
The Internal Revenue Service has issued Notice 2026-5 which provides guidance in the form of Q&As on the changes to Health Savings Account (“HSA”) requirements under the One, Big, Beautiful Bill Act (“OBBBA”). The OBBBA expands access to HSAs by making the...
by Andrew L. Oringer After years of handwringing by those opposed to the influence of proxy-advisory firms, are the storm clouds over those firms about to release a torrent? The most recent bolt of lightning comes in the form of the December 11, 2025, Executive Order...
4 Big ERISA Litigation Developments From 2025's 2nd Half - Andrew Oringer, Law360, December 12, 2025 (PDF)
The U.S. Court of Appeals for the Ninth Circuit, in Dedicato Treatment v. Aetna Life Insurance, has reaffirmed its criteria for ERISA preemption. Law. ERISA generally preempts “any and all state laws insofar as they may now or hereafter relate to any employee benefit...
The U.S. Court of Appeals for the Eleventh Circuit, in Johnson v Reliance Standard, overruled an insurer’s interpretation of its own preexisting condition exclusion, stating that the interpretation was unreasonable. Facts. An employee enrolled in long term disability...
Employee Benefits Complaint vs. Johnson & Johnson Dismissed for Second Time - Andrew Oringer, PLANSPONSOR, December 5, 2025 (PDF)
Duress - Barry Salkin, Wolters Kluwer Benefits Law Journal, Winter 2025, Vol. 38, No. 4
Pontera's Last-Bid Gambit to Turn Fidelity Credential-Sharing Ban Into an 'Investor Rights Issue,' Falls Flat - Ari Sonneberg, RIABiz, December 1, 2025 (PDF)
In James v. FedEx Freight, the U.S. Court of Appeals for the Eleventh Circuit ruled that a jury must decide whether an employer received sufficient information from an employee to be required to investigate a possible FMLA request. Law. The FMLA provides that when an...
By Andrew Oringer In prior Alerts, we have chronicled in some detail recent developments relating to the so-called Amended Fiduciary Rule under the Employee Retirement Income Security Act of 1974 ("ERISA") and its later incarnation, the Retirement Security Rule. Four...
Consumer Choice v. DOL
2025 Woman-Owned Employee Benefits Law Firm of the Year - USA - The Wagner Law Group, IE 100 Magazine, Autumn/Winter 2025 (PDF)
Overcoming Hiring and Firing Obstacles - Katherine Brustowicz, presenter, National Business Institute's Advanced Human Resources Law webinar, December 17, 2025, 10:00 AM - 5:00 PM (EST) - Click here for details and registration
Tackling Executive Employment Arrangements and Compensation Issues With Finesse - Marcia Wagner, presenter, National Business Institute's Advanced Human Resources Law webinar, December 17, 2025, 10:00 AM - 5:00 PM (EST) - Click here for details and registration
Fidelity Unit Warns of 'Massive Outages Across Major Fidelity Platforms,' in New Lawsuit - Ari Sonneberg, RIABiz, November 17, 2025 (PDF)
In Casillas-Guardiola v. Bayer Puerto Rico, the U.S. District Court for the District of Puerto Rico ruled that a terminated employee who claimed she did not receive a COBRA election notice was not entitled to penalties because the employer documented that the proper...
The Internal Revenue Service announced cost-of-living adjustments affecting certain dollar limitations for pension plans and other retirement-related limitations for 2025 in Notice 2025-67. The following chart details 2026 retirement plan dollar limitation...
Our periodic Washington D.C. newsletter highlights the expertise of our Wagner Law Group attorneys analyzing legislative, regulatory and other cutting-edge benefits issues arising from activity in Washington or other important jurisdictions. Our office members are...
Nation's Top Employee Benefits Lawyers Organization Holds Celebratory Dinner - The Wagner Law Group Press Release, November 10,2025 (PDF)
IRS has released Notice 2025-61, which provides the “applicable dollar amount” for the Patient-Centered Outcomes Research Institute (“PCORI”) fee for plan years that end on or after October 1, 2025, and before October 1, 2026. Background. PCORI was established under...
The U.S. Court of Appeals for the Second Circuit ruled, in Schuyler v. Sun Life Assurance Company of Canada, that an insurer failed to demonstrate that a long-term disability (“LTD”) plan participant had “knowingly and voluntarily” waived her ERISA rights. Law. An...
Alts May Be Headed to DC Plans—But Experts Urge Caution Before a Big Move - Marcia Wagner, PLANSPONSOR, October 31, 2025 (PDF)
DOL Issues Guidance to Encourage Small Employers to Participate in Pooled Employer Plans (PEPs) - Marcia Wagner, Camille Castro, Barry L. Salkin and Stephen P. Wilkes, 401(k) Advisor, October, 2025
Roth Catch-Up ‘Playbook’ Can Guide Advisers Through Compliance - Barry Salkin and Jon Schultze, planadviser, October 29, 2025 (PDF)
On October 16, 2025, the Departments of Labor, Health and Human Services, and Treasury (the “Agencies”) issued FAQ 72, Frequently Asked Questions about Affordable Care Act Implementation (the “FAQs”). The FAQs have declared that certain types of fertility benefits...
The impact of the Circuit Court Split on Employer Liability for Third-Party Harassment - Katherine Brustowicz and David Gabor, panelists, The Wagner Law Group webinar, November 19, 2025, 12:00 - 12:45 PM (EDT) This video is ideal for: • HR professionals • Managers and...
Fiduciary Liability Critical in Russell Investments ERISA Case - Marcia Wagner, PLANSPONSOR, October 16, 2025 (PDF)
Private Investments in 401(k)s - Marcia Wagner, panelist, Francis live webinar, October 29, 2025, 1:00 PM (EDT) - Click here for recording
The U.S. District Court for the District of Massachusetts has ruled, in Erban v. Tufts Medical Center, that an employer may violate its fiduciary duties by failing to inform a participant about vital plan information. Law. A person who is not a named fiduciary may...
By Jon Schultze and Barry Salkin On September 16, 2025, the Internal Revenue Service (“IRS”) issued final regulations providing guidance on changes made by the SECURE 2.0 Act of 2022 to the catch-up contribution provisions of the Internal Revenue Code (“Code”). Under...
A Current Look At Independent Fiduciaries Under ERISA - Stephen Wilkes, Journal of Pension Planning & Compliance, Vol. 51, No. 3, Fall 2025
Department of Labor Supports Employers in Forfeiture Allocation Litigation - Marcia Wagner, Barry L. Salkin and Stephen P. Wilkes, 401(k) Advisor, September, 2025
In Jackson v. U. S. Postal Service, the Court of Appeals for the Sixth Circuit has ruled that a medical certification under the Family and Medical Leave Act (“FMLA”) does not create a “hard cap” on the amount of unforeseeable, intermittent FMLA leave that may be taken...
In Platt v. Sodexo, the U.S. Court of Appeals for the Ninth Circuit has ruled that an employer cannot create an arbitration requirement by unilaterally modifying an ERISA-covered group health plan. Instead, the employer must obtain consent from the relevant...
Blueprint for Success: Marcia Wagner’s Guiding Principles - Marcia Wagner, Trailblazers Webinar by Income Conductor, Tuesday, September 30, 2025 - Click here for recording
In Orabona v. Santander Banks, the U.S. Court of Appeals for the First Circuit confirmed the extent of ERISA preemption over state laws. Law. ERISA generally preempts “any and all State laws insofar as they may now or hereafter relate to any employee benefit plan.” A...
Retaining an Independent Fiduciary to Address Prohibited Transactions or Enable Plan Fiduciaries to Appropriately Allocate Risk - Marcia Wagner, Stephen Wilkes and Seth Gaudreau, 401(k) Advisor, July-August, 2025
4 Appellate Arguments for Benefits Attys to Watch in Sept. - Andrew Oringer, Law360, August 29, 2025 (PDF)
14 Attorneys from The Wagner Law Group to be Recognized in 2026 Edition of The Best Lawyers in America© - The Wagner Law Group Press Release, August 21, 2025 (PDF)
In a Statement issued August 7, 2025, the Departments of Labor, Health and Human Services (“HHS”), and the Treasury (the “Departments”) have announced they will not enforce the current regulations for short-term, limited-duration health insurance contracts....
Envestnet's Six-Year Legal Fight Over Software 'Misappropriation' Dealt Likely Major Blow After a Key Ruling - Ari Sonneberg, RIABiz, August 20, 2025 (PDF)
Our periodic Washington D.C. newsletter highlights the expertise of our Wagner Law Group attorneys analyzing legislative, regulatory and other cutting-edge benefits issues arising from activity in Washington or other important jurisdictions. Our office members are...
In Advisory Opinion 2025-02, the Department of Labor (“DOL”) has determined that the California Association of Professional Firefighters (“CAPF”) Long Term Disability (“LTD”) Plan is not an ERISA-covered employee welfare benefit plan because it is not established and...
Trump Labor Secretary 'Applauds' Trump and His Executive Order to Put 'Alts' in 401(k)s - Ari Sonneberg, RIABiz, August 8, 2025 (PDF)
Your Employer Will Decide the Fate of Private-Market 401(k)s - Andrew Oringer, Bloomberg Law, August 8, 2025 (PDF)
Compelling ERISA Arbitration No Sure Thing, 9th Circ. Shows - Andrew Oringer, Law360, August 6, 2025 (PDF)
By Camille Castro, Roberta Casper Watson and Stephen Wilkes Whether serving as an ERISA Independent Fiduciary or as ERISA Legal Counsel, our firm is constantly facing the question of ERISA preemption of state legislative and regulatory activity affecting pharmacy...
Providers Lean on Tech to Lower Costs in Small 401(k) Plans - Marcia S. Wagner, PLANSPONSOR, August 1, 2025 (PDF)
The Internal Revenue Service has issued Revenue Procedures 2025-25 and 2025-26 to implement the 2026 index adjustments for the “applicable contribution percentages” contained in the Affordable Care Act (“ACA”). Background. Under the ACA, applicable contribution...
Marcia Wagner Named to the Massachusetts Lawyers Weekly Hall of Fame - The Wagner Law Group Press Release, July 31, 2025 (PDF)
By Camille Castro, Barry Salkin and Stephen Wilkes We have another example of DOL action pursuant to an Executive Order. As called for under Delivering Emergency Price Relief for American Families and Defeating the Cost-of-Living Crisis, issued on January 20, 2025,...
Has ERISA Litigation Been Helpful or Harmful? - Thomas Clark, Jr., WealthManagement, July 28, 2025 (PDF)
The U.S. Court of Appeals for the Ninth Circuit, in Solis v. T. Mobile US, Inc., has reversed a group health plan’s denial of benefits because the plan failed to follow ERISA’s claims procedure. Law. ERISA’s claims procedure regulations require employee benefit plans...
A Perfect Example of Why a Prudent Process is So Important: NAPA D.C. Fly-In Forum - Thomas Clark, Jr., National Association of Plan Advisors, July 23, 2025 (PDF)
15 Takeaways for HR Pros from the One Big Beautiful Bill Act - Marcia Wagner, SHRM. July 21, 2025 (PDF)
The Centers for Medicare & Medicaid Services has issued the final maximum out-of-pocket (“OOP”) limits that will apply to non-grandfathered group health plans for plan years beginning in 2026. The OOP limits are based on estimates of employer-sponsored health...
DOL’s Plan Forfeiture Amicus Brief ‘Significant,’ Legal Experts Say - Andrew Oringer, PLANSPONSOR, July 17, 2025 (PDF)
In a surprising development in the series of forfeiture allocation cases filed under ERISA alleging breaches of fiduciary duty and prohibited transactions by plan fiduciaries, the DOL has filed an amicus (friend of the court) brief, in an action to which it is not a...
Vanguard Sued by Direct-Indexing Founders for Allegedly Cajoling a Deal for Just Invest - Ari Sonneberg, RIABiz, July 16, 2025 (PDF)
Labor Department’s Support for HP Could Turn Tide in Wave of 401(K) Forfeiture Lawsuits, Experts Say - Andrew Oringer, Pensions & Investments, July 15, 2025 (PDF)
By Ari Sonneberg and Barry Salkin On July 4, 2025, President Trump signed into law The One, Big, Beautiful Bill Act (The OBBB), a spending and tax bill that includes signature policies of the President’s second-term agenda. The OBBB is an extension of the President’s...
Mental Health Parity Rules and Requirements for Plan Sponsors and Administrators - Robert Watson, panelist, Strafford live CLE webinar, September 23, 2025, 1:00 - 2:30 PM (EDT) - Click here for details and registration
By Katherine Brustowicz, Denise Chicoine, David Gabor, Johanna Matloff and Virgina Peabody I. Massachusetts: Pay Transparency Law Takes Effect In February 2025, the Wagner Law Group reported on amendments to the Massachusetts Equal Pay Act, which included new data...
On June 30, the Supreme Court granted certiorari in a withdrawal liability case, M&K Employee Solutions, LLC v. Trustees of the IAM National Pension Fund, that could affect most of the nation’s 1,400 multiemployer plan. Like most multiemployer plans, the IAM Fund...
The U.S. Supreme Court, in Stanley v. City of Sanford, has resolved a dispute between several U.S. Courts of Appeal by ruling that a retiree does not have standing to sue under the Americans with Disabilities Act (“ADA”). Law. The ADA prohibits employers from...
Popular Benefits-Related Tax Provisions May be Targeted to Raise Revenue for Federal Tax Cuts - Marcia Wagner and Eric Keller, 401(k) Advisor, June, 2025
3 DOL Policy Shifts On Benefits Attys' Radar - Andrew Oringer, Law360, June 27, 2025 (PDF)
In Shuman v. Microchip, the U.S. Court of Appeals for the Ninth Circuit has established criteria for the “special scrutiny” required when an employee waives his or her ERISA-covered benefit rights. Facts. In anticipation of a potential acquisition, a company created...
Texas Targets Del. Primacy with Trio of New Corporate Laws - Andrew Oringer, Law360, June 17, 2025 (PDF)
In Susan Miele v. Foundation Medicine, Inc., the Supreme Judicial Court ruled that a forfeiture clause triggered by a breach of a nonsolicitation agreement does not constitute a “forfeiture for competition agreement” subject to the Massachusetts Noncompetition...
The U.S. Court of Appeals for the Seventh Circuit, in Davis vs. Illinois Department of Human Services, has ruled that, based on facts already known to an employer, an employee may be entitled to additional leave rights under the Family and Medical Leave Act (“FMLA”)...
Chambers USA Recognizes The Wagner Law Group and Attorneys Harold Ashner, Eric Keller, Andrew Oringer and Roberta Watson - The Wagner Law Group Press Release, June 6, 2025 (PDF)
An ERISA Journey for ESG via American Airlines By Way of Utah? - Marcia Wagner, Andrew Oringer, Barry Salkin, Jon Schultze, and Ari Sonneberg, 401(k) Advisor, May, 2025
by Ari Sonneberg and Barry Salkin On the heels of the Department of Labor’s announcement that it is rescinding the Biden Administration DOL guidance cautioning 401(k) plan sponsors from offering cryptocurrency investment options to plan participants, the Trump...
By Ari Sonneberg and Barry Salkin Today, the Department of Labor’s Employee Benefits Security Administration issued Compliance Assistance Release No. 2025-01, effectively rescinding Compliance Assistance Release No. 2022-01 (the “2022 Release”), issued under the Biden...
By Katherine Brustowicz, Denise Chicoine, David Gabor, Johanna Matloff, or Virginia Peabody (Senior Consultant) What is EEO-1 Reporting? An EEO-1 Report is a document submitted to the Equal Employment Opportunity Commission (“EEOC”), a federal agency to which covered...
Recent Changes to the Employer-Employee Relationship and What Employers Should Do When ICE Comes Knocking Presented by: WLG Employment Law Attorneys, David Gabor and Katherine Brustowicz; and Deirdre Nero, Immigration Attorney at NERO Immigration Law, P.L. The Wagner...
The Sixth Circuit Court of Appeals, in BlueCross BlueShield of Tennessee, Inc. v. Nicolopoulos, determined that an insurer, which also acted as a plan fiduciary, could not evade state insurance law requirements under ERISA’s preemption rule. Law. ERISA generally...
The IRS has announced the 2026 calendar year dollar limits for health savings account (“HSA”) contributions; the minimum deductible amounts; the maximum out-of-pocket expenses for high deductible health plans (“HDHPs”) and the health reimbursement account (“HRA”)...
6th Circ. Ruling Shows Toughening On ERISA Fiduciary Suits - Andrew Oringer, Law360, May 9, 2025 (PDF)
By Katherine Brustowicz, Denise Chicoine, David Gabor, Johanna Matloff, and Virginia Peabody (Senior Consultant) The Department of Labor (DOL), through its Wage and Hour Division (WHD), issued a Field Assistance Bulletin (FAB No. 2025-1) stating that as of May 1,...
Ask the Experts - Harold Ashner, panelist, 2025 Enrolled Actuaries Conference, May 5 - 9, 2025 - Click here for details
Judge Sides With Knight-Swift in ERISA 401(k) Forfeiture Case - Andrew Oringer, PLANSPONSOR, May 2, 2025 (PDF)
How Fiduciary Duty and Cognitive Decline Intersect - Marcia Wagner, PLANSPONSOR, May 1, 2025 (PDF)
President Trump Issues 10-to-1 Deregulation Executive Order - Marcia Wagner and Ari Sonneberg, 401(k) Advisor, April, 2025
Welcome to the inaugural edition of our Washington D.C. newsletter, which will address legislative and regulatory issues through the prism of The Wagner Law Group’s Washington D.C. expertise. Our Washington D.C. office members have unique experience gained from...
By Israel Goldowitz With the economy and the securities markets roiled by trade wars, many businesses are no doubt considering the possibility of a recession. We might also expect a major increase in bankruptcy filings. That may require consideration of how ERISA and...
By Stephen Wilkes and Seth Gaudreau The retention of an independent fiduciary plays a critical role not only to resolve a conflict in a prohibited transaction sense, but to provide an appropriate method of effective risk allocation to plan fiduciaries who must...
by Eric Keller and Roberta Casper Watson The United States District Court for the Northern District of Texas declared earlier this month that a Department of Health and Human Services (“HHS”) regulation published in 2013 as part of the rulemaking for the Affordable...
by Mark Poerio From tariffs to cash flows, small business owners may feel that mid-2025 warrants attention to how key employees are compensated and retained. Formula-based bonuses may need refinement. It may also be timely to consider change-in-control retention...
By Eric Keller The White House and Republican leaders in the House of Representatives and Senate are in active discussions about how to pay for the expected extension of the Tax Cuts and Jobs Act of 2017 (“Jobs Act”) as well as the possible implementation of other tax...
by Harold Ashner and Israel Goldowitz On April 30, 2025, the American Bar Association (“ABA”) posted a summary of the May 1, 2024, meeting between representatives of the Pension Benefit Guaranty Corporation (“PBGC”) and representatives of the ABA’s Joint Committee on...
Florida PBM Audits Ensnare Self-Insured Employer Health Plans - Roberta Watson, Bloomberg Law, April 29, 2025 (PDF)
The U.S. District Court for the Middle District of Florida has ruled, in Marrow v. Carpenter Company, that a mere “good faith effort” to comply with COBRA’s notice requirements is an insufficient reason to dismiss a lawsuit from a former employee claiming that a...
Jury Slaps Pentegra with $39 Million in Damages in MEP Excessive Fee Suit - Thomas Clark, Jr., National Association of Plan Advisors, April 24, 2025 (PDF)
Jury’s Decision in Pentegra MEP Case Raises Questions About Service Provider Selection - Andrew Oringer, PLANSPONSOR, April 24, 2025 (PDF)
Supreme Court Decision on Prohibited Transactions Will Increase ERISA Lawsuits, DC Plan Costs - Andrew Oringer, Pensions & Investments, April 23, 2025 (PDF)
Sometimes, it is more efficient for an employer to pay the expenses of a retirement plan rather than the plan paying for them directly. If the expense paid is otherwise appropriate, the employer can then be reimbursed by the plan from plan assets. This includes...
The Department of Labor (“DOL”) has released an updated Model Notice for employers to use to inform employees about their potential to receive state-provided premium assistance subsidies to use towards the purchase of group healthcare coverage. The Children’s Health...
Supreme Court Supports Cornell Participants in ERISA Suit - Thomas Clark, Jr., 401k Specialist, April 17, 2025 (PDF)
by Katherine Brustowicz, Denise Chicoine, David Gabor, Johanna Matloff, or Virginia Peabody (Senior Consultant) The U.S. Citizenship and Immigration Services (“USCIS”) released a revised Form I-9, dated January 20, 2025. While the updates are minor, understanding both...
On March 19, 2025, the Department of Health and Human Services (“HHS”) issued a Proposed Rule that would eliminate the current requirement that certain health insurance issuers must provide coverage for sex-trait modification as an Essential Health Benefit (“EHB”)....
ACA's No-Cost Preventive Care Mandate Is Before the Supreme Court - SHRM - Marcia Wagner, SHRM Magazine, April 10, 2025 (PDF)
Wagner Ethics Attorney a Primary Draftsperson of High-Profile Professionalism Report - Andrew Oringer, The Wagner Law Group Press Release, April 3, 2025 (PDF)
The U.S. District Court for the Southern District of New York has ruled, in Doe v. Deloitte, that a group health plan violated ERISA by failing to apply standard ERISA claims requirements to a possible exception to its generally covered benefits. Law. ERISA requires...
PBGC Attorney Camille Castro Joins The Wagner Law Group’s Washington D.C. Office - Camille Castro, The Wagner Law Group Press Release, April 2, 2025 (PDF)
Dueling Alcoa, Lockheed Pension Decisions Hinge on Injury Risk - Marcia Wagner, Bloomberg Law, April 1, 2025 (PDF)
Department of Labor Updates Voluntary Fiduciary Correction Program - Marcia Wagner, Barry L. Salkin, Seth F. Gaudreau and Stephen P. Wilkes, 401(k) Advisor, March, 2025
On March 21, the U.S. Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) issued an Interim Final Rule (“Rule”) that provides a reprieve from the beneficial ownership reporting requirements under the Corporate Transparency Act (“CTA”) for domestic...
The IRS has issued Notice 2025-15 which explains the application of the reduced disclosure requirements under the recently enacted Paperwork Burden Reduction Act (“PBRA”). Background. Applicable Large Employers are required to file Forms 1094 and 1095 with the IRS to...
Schwab and Fidelity Halt of BlackRock's Money-Market Fund ETF Trades Was No Shock - Ari Sonneberg, RIABiz, March 25, 2025 (PDF)
NYSBA Report Looks at Challenges for Lawyers Who Want to Serve in Public Office - Andrew Oringer, co-author, New York State Bar Association Journal, Spring 2025
By Katherine Brustowicz, Denise Chicoine, David Gabor, Johanna Matloff and Virginia Peabody (Senior Consultant) The EEO-1 report for covered employers must be filed with the EEOC by June 4, 2025. Who Needs to File? Private employers with 100+ employees. Businesses...
Bank of America-Nemesis Lawyer Files Class Action -- Again -- Over Vanguard $100 'Junk Fee' - Ari Sonneberg, RIABiz, March 21, 2025 (PDF)
Trump’s PBGC Head Could Reshape Bailout for Union Pension Plans - Israel Goldowitz, Bloomberg Law, March 17, 2025 (PDF)
4 Suits Benefits Attys Should Watch as ESG Pressures Persist - Andrew Oringer, Law360, March 17, 2025 (PDF)
The Unprecedented and Once 'Unthinkable' State Street-Apollo ETF Rollout is Still Setting Off Alarm Bells - Ari Sonneberg, RIABiz, March 14, 2025 (PDF)
The Department of Labor (“DOL”) has released a final rule that provides new figures reflecting the adjusted civil penalty amounts for 2025 for certain health and welfare plan violations. DOL is required to update these civil penalty amounts each year to reflect the...
Retirement Income Product Landscape - Marcia Wagner, speaker, PLANSPONSOR 2025 National Conference, Chicago, IL, June 3 - 6, 2025 - Click here for details - Click here for PowerPoint presentation
Patients Target Insurers in Suits Over Flawed Doctor Directories - Roberta Casper Watson, Bloomberg Law, March 13, 2025 (PDF)
The U.S. Court of Appeals for the Seventh Circuit, in Scanlon v. Life Insurance Company of North America, has ruled that a court must fully consider the nature and the duties of a claimant’s job in a Long-Term Disability (“LTD”) benefits dispute. Facts. An employee...
Understanding Your Summary Plan Descriptions - Speaker, Lorman Education Services live CLE webinar, March 11, 2025, 1:00 - 2:05 PM (EDT)
Is Investment Performance a Fiduciary Duty? - Marcia Wagner, PLANSPONSOR, March 3, 2025 (PDF)
The still short, but eventful history of the Corporate Transparency Act (CTA) and its controversial beneficial ownership information (BOI) reporting requirements, should have made it predictable that another bend in the road lay ahead. After the Treasury Department’s...
By Andrew Oringer, Barry Salkin, Jon Schultze and Ari Sonneberg Both supporters and opponents of the consideration of environmental, social and governance (“ESG”) goals can point to decisions by U.S. district courts in 2025 that are consistent with their positions on...
Retirement Industry People Moves - Joni Andrioff, planadviser, February 28, 2024 (PDF)
How an Attorney's Professional Activities Affect Consideration of the Attorney for Judicial and Political Positions: A Framework for Citizens - Andrew Oringer, co-author, Report by the New York State Bar Association Committee on Professionalism, February 2025
Recent Laws Reduce Employer Reporting and Disclosure Requirements - Marcia Wagner, 401(k) Advisor, February, 2025
5 Argument Sessions Benefits Attys Should Watch in March - Andrew Oringer, Law360, February 28, 2025 (PDF)
Amy Glynn Named New President at Viking Cove Institute - Marcia Wagner, 401(k) Specialist, February 27, 2025 (PDF)
In Hoff vs. Anadarko Petroleum Corp., the U.S. Court of Appeals for the Tenth Circuit has ruled that an employer is bound by the terms of its own plan and cannot add additional conditions after an employee makes his claim. Facts. An employee participated in his...
Attorney Joni Andrioff Joins The Wagner Law Group’s Washington D.C. Office - The Wagner Law Group Press Release, February 24, 2025 (PDF)
Trump May Restrict Certain Institutional Investments in China - Andrew Oringer, Pensions & Investments, February 24, 2025 (PDF)
BlackRock Rattles Giant Saber at Schwab and Fidelity - Ari Sonneberg, RIABiz, February 21, 2025 (PDF)
Advisory Firms’ DEI Programs May Be Scrutinized - Katherine Brustowicz, Denise Chicoine and David Gabor, Rethinking65, February 21, 2025 (PDF)
On the heels of a court decision in its favor, the Treasury Department’s Financial Crimes Enforcement Network (FinCEN), has issued a statement on its website indicating that the beneficial ownership reporting requirements under the Corporate Transparency Act (CTA) are...
The Unclean Hands and In Pari Delicto Doctrines - Barry Salkin, Wolters Kluwer Benefits Law Journal, Spring 2025, Volume 38, No. 1
Ex-Merrill Lynch 'Smoothie' Broker Loses Big in FINRA Arbitration - Ari Sonneberg, RIABiz, February 13, 2025 (PDF)
Katherine Brustowicz, Denise Chicoine, David Gabor, Johanna Matloff, and Virginia Peabody (Senior Consultant) On February 1, 2025, a new law regarding salary posting requirements went into effect for all Massachusetts employers with 25 or more employees. “An Act...
The Department of Labor (“DOL”) has issued Opinion Letter FMLA2025-01-A on whether the Family and Medical Leave Act (the “FMLA”) regulations pertaining to substitution of paid leave apply when employees take paid leave under state family and medical leave programs....
Trump Mandates 10 Old Regulations Cut Per New One - Ari Sonneberg, Self Employed, February 10, 2025 (PDF)
Wagner Law Scoops Up Benefits Expert From Paul Hastings - Eric Keller, Law360, February 5, 2025 (PDF)
Delicate Questions in the Hiring Process - Katherine Brustowicz, Radio Entrepreneurs interview, February 5, 2025 Need Help With Your Hiring Process? If your business needs assistance with your interview questions — our Employment Law and Human Resources Team at The...
Protecting Your Business Beyond Non-Competes - Denise Chicoine, Radio Entrepreneurs interview, February 5, 2025 Legal Assistance for Non-Competes If your business needs assistance with non-competes— our Employment Law and Human Resources Team at The Wagner Law Group...
Training Management for Accommodations - David Gabor, Radio Entrepreneurs interview, February 5, 2025 Legal Guidance For Your Employment Law Needs We offer in-depth and personalized attention to businesses nationwide. If you are ready to meet with our experienced...
Leave & Accommodation Best Practices - Johanna Matloff, Radio Entrepreneurs interview, February 5, 2025 Legal Guidance About Leave & Accommodations We offer in-depth and personalized attention to businesses nationwide in various employment law matters. If you...
The value of a business can depend to a large degree on motivating and retaining key employees. Despite the high stakes, it is remarkably common to encounter owners who rely on informal practices to assure loyalty and solid performance. They only realize the...
On January 31, 2025, President Trump signed an executive order (the “Order”) designed to drastically reduce the overall amount of federal government regulation on the books. The underlying stated goal of the order is to eliminate the “job killing and...
Trump Executive Order Means Any New DOL Regulation Requires Elimination of 10 Existing Ones - Ari Sonneberg, 401(k) Specialist, February 3, 2025 (PDF)
ESG Court Ruling Could Prompt 401(k) Upheaval - Maria Wagner, Financial Advisor IQ, February 3, 2025 (PDF)
The Wagner Law Group Expands its Washington D.C. Office with the Addition of Eric Keller - The Wagner Law Group Press Release, February 3, 2024 (PDF)
The IRS has issued Revenue Ruling 2025-4 to explain the Federal income and employment tax treatment of contributions and benefits paid under state-paid family and medical leave laws. Revenue Ruling 2025-4 provides the following guidance: Employer contributions. The...
Court’s ESG Ruling Puts Pressure on Managers of 401(k) Plans - Marcia Wagner, AdvisorHub by Bloomberg, January 29, 2025 (PDF)
By Katherine Brustowicz, Denise Chicoine, David Gabor, Johanna Matloff and Virginia Peabody (Senior Consultant) Last week, President Trump signed two executive orders (the “Trump Executive Orders” or “Orders”) repealing diversity, equity, and inclusion (“DEI”) and...
McKinsey Suddenly Puts its Secretive $23-Billion RIA Under 'Strategic Review' with M&A Shop - Ari Sonneberg, RIABiz, January 29, 2025 (PDF)
Education and Workforce Committee Renews Call to Probe EBSA for Alleged ‘Power Abuse’ - Andrew Oringer, planaadviser, January 28, 2025 (PDF)
Election 2024: ERISA and the Proposed New Labor Secretary: Look(ing) for the Union Label? - Marcia Wagner, Andrew Oringer, Mark Greenstein, Stephen Wilkes and Susan Rees, 401(k) Advisor, January, 2025
How an Attorney’s Professional Activities Affect Consideration of the Attorney for Judicial and Political Positions: A Framework for Citizens - Andrew Origner, co-author, Report and Recommendations of the New York State Bar Association Committee on Attorney...
In the most recent installment of the soap-opera-like saga that has unfolded around the Corporate Transparency Act (CTA), the U.S. Supreme Court has issued a stay of the injunction preventing enforcement of the CTA’s provisions. For those keeping score, this...
In December 2023, Su v. Milford Sports Bars, LLC, a noteworthy case, concluded with a ruling in favor of the U.S. Department of Labor, resulting in a payment of $359,000. The court awarded damages including back pay, interest, emotional distress damages, compensatory...
House Committee on Education and Workforce Re-Issues Request to Investigate EBSA ‘Power Abuse’ - Andrew Oringer, PLANPONSOR, January 23, 2025 (PDF)
In Higgins vs. Lincoln Electric Company, Inc., the U.S. Court of Appeals for the Sixth Circuit placed a high burden on a plan participant who claimed that his employer was “estopped” (i.e., prevented) from relying on the terms of an unambiguous plan document that had...
In 2002, the Department of Labor (DOL) adopted the Voluntary Fiduciary Correction Program (VFCP). VFCP, modified in 2005 and 2006, is designed to encourage employers and plan fiduciaries to voluntarily comply with the Employee Retirement Income Security Act, as...
Cornell Case May Be Bellwether For ERISA Transaction Claims - Andrew Oringer, Law360, January 21, 2025 (PDF)
Employers: Prepare for New Laws and Regulations Under President Trump - Katherine Brustowicz, Denise Chicoine, David Gabor, and Johanna Matloff, The Wagner Law Group webinar, February 13, 2025, 1:00 - 2:00 PM (EST) Learn More About Our Employment Law Practice If you...
In Chapman v. Brentlinger Enterprise, the U.S. Court of Appeals for the Sixth Circuit ruled that under the Family and Medical Leave Act (“FMLA”) an employee may be entitled to leave to care for a seriously ill sibling. Law. In general, the FMLA entitles eligible...
Judge's Ruling in ESG Case Could Spark Chaos for 401(k) Managers - Andrew Oringer, 69 News, January 15, 2025 (PDF)
Michael Schloss Accepts Senior Department of Labor Position - The Wagner Law Group Press Release, January 14, 2025 (PDF)
ERISA Attorneys Fear 'Chilling Effect' of American Airlines 401(k) ESG Ruling - Andrew Oringer, Pensions & Investments, January 13, 2025 (PDF)
Congress has failed to extend the High Deductible Health Plan (“HDHP”) exception for telehealth services. Background. Under the Internal Revenue Code (“Code”), tax-exempt Health Savings Account (“HSA”) contributions may only be made by or for individuals who enroll in...
5 Things Executive Pay Attys Should Keep an Eye on in 2025 - Andrew Oringer, Law360, January 9, 2025 (PDF)
Despite Lawsuits, Schwab Slashes Sweep Yields 89% in Five Months - Ari Sonneberg, RIABiz, January 8, 2025 (PDF)
For some attorneys, the last week and a half of 2024 was an opportunity for a bit of R & R before resuming customary work activities. Alas, that was not the case for attorneys at FinCEN and the Department of Justice, who were required to deal with a favorable...
New Trump Administration Means Big Changes at SEC, DOL - Andrew Oringer, Pensions & Investments, January 2, 2025 (PDF)
5 Cases Benefits Attorneys Should Keep an Eye on in 2025 - Marcia Wagner, Law360, January 1, 2025 (PDF)
The recently enacted Paperwork Burden Reduction Act (“PBRA”) and the Employer Reporting Improvement Act (“ERIA”) have reduced certain reporting and disclosure requirements for employers and insurers. Paperwork Burden Reduction Act. Applicable Large Employers are...
Best Practices in Legal Practice - Andrew Oringer, Practical Law - The Journal, 2024
Recent Developments in Forfeiture Cases - Marcia Wagner and Michael A. Schloss, 401(k) Advisor, November-December, 2024
Our Law Alerts tend to be measured in tone, avoiding hyperbole. A court decision or IRS or DOL regulation may be unexpected or unanticipated, and we would characterize it as such, and then describe it. There is, in almost all instances, no need for hyperbole. However,...
On December 23, 2024, the Fifth Circuit Court of Appeals (the “Court”), in response to an emergency appeal by the Department of the Treasury and its Financial Crimes Enforcement Network (“FinCEN”), temporarily lifted a nationwide preliminary injunction issued on...
Fiduciary Rule Proponent Ali Khawar Announces DOL Departure - Thomas Clark, Jr., NAPA, December 21, 2024 (PDF)
Last-Minute Gift (For A Lifetime) Idea: A Child IRA for Your Kids or Grandkids - Marcia Wagner, Forbes, December 20, 2024 (PDF)
By David Gabor, Katherine Brustowicz, Virginia Peabody and Craig White With the incoming Administration prioritizing the deportation of illegal immigrants, employers across the country are preparing for a surge in I-9 audits and vigilant reporting enforcement as...
In Rodriquez vs. Southeastern Pennsylvania Transportation Authority, the U.S. Court of Appeals for the Third Circuit ruled that the proper time for an employee to establish that a particular condition qualifies as a serious health condition under the Family and...
IRS has released Notice 2024-83, which provides the “applicable dollar amount” for the Patient-Centered Outcomes Research Institute (“PCORI”) fee for plan years that end on or after October 1, 2024, and before October 1, 2025. Background. PCORI was established under...
Exclusive Interview: Marcia Wagner Expands On Retirement Plan Financial Planning White Paper - Marcia Wagner, FiduciaryNews.com, December 10, 2024 (PDF)
In Hansen v. Lab. Corp. of America, the United States District Court for the Eastern District of Wisconsin ruled that an employer’s attempt to combine its short term disability (“STD”) plan with ERISA-covered benefit plans does not make the STD plan subject to federal...
Biden-Era Retirement Rule May be in Jeopardy After Trump Takes Office - Andrew Oringer, CNBC, December 5, 2024 (PDF)
When page 1 of a District Court decision on a challenge on constitutional grounds to an action by a governmental entity cites Marbury v. Madison, that is not a good sign for the government agency. When page 2 of a District Court decision characterizes a federal...
401(k)s and the Courts in 2025 - Andrew Oringer, planadviser, December 2, 2024 (PDF)
District Courts Decide Motions to Dismiss Forfeiture Complaints - Michael Schloss, New York University Review of Employee Benefits and Executive Compensation 2024 Update, November 2024
Proceeding With a Pseudonym Under ERISA - Barry Salkin, New York University Review of Employee Benefits and Executive Compensation 2024 Update, November 2024
Prominent ERISA Attorney Joins the Boston Office of The Wagner Law Group - Evelyn Haralampu, The Wagner Law Group Press Release, December 2, 2024 (PDF)
ERISA’s Next 50 Years - Marcia Wagner, 401k Specialist, November 27, 2024 (PDF)
Trump's Labor Secretary Pick Presents 'Mixed Bag,' Retirement Experts Say - Andrew Oringer, Pensions & Investments, November 27, 2024 (PDF)
The Centers for Medicare & Medicaid Services (“CMS”) has announced the 2025 premiums, deductibles and coinsurance amounts for the Medicare Part A and Part B programs. Medicare Part A covers inpatient hospital, skilled nursing facility, hospice, inpatient...
President-Elect Trump has proposed Rep. Lori Chavez-DeRemer as the next Secretary of Labor. The selection is particularly notable for the clear pro-union leanings of the nominee of a Republican president-elect. Any effort to handicap how Rep. Chavez-DeRemer's possible...
Trump’s ‘Unusual’ Pick for Secretary of Labor Has More Health Than Retirement Track Record - Andrew Oringer, Mark Greenstein, Susan Rees and Stephen Wilkes, PLANSPONSOR, November 25, 2024 (PDF)
The U.S. District Court for the District of Massachusetts, in Shea v. Unum Life Ins. Co, has ruled that a claims processor is not an ERISA fiduciary because it does not have discretionary powers over the plan. Law. In general, a fiduciary includes any individual or...
The 2024 Election already portends transformative consequences for federal agencies, some of which may extend to executive compensation. Among the possible impacts, agency staffing levels are in doubt, leading to possible challenges regarding exemptions, enforcement...
Exempt or not exempt, that is the question. It is not an easy question to answer, and it did not get any easier to answer when U.S. District Judge Sean D. Jordan vacated the Department of Labor (“DOL”) rule on overtime compensation (“Overtime Rule”) on November 15,...
TradePMR Sale to Robinhood Sends Ripples Through the RIA Industry - Ari Sonneberg, RIABiz, November 19, 2024 (PDF)
The Trump election is bound to have some obvious, fundamental and high-profile consequences for various federal agencies. One particular potential area of impact relates to the recently adopted Retirement Security Rule under ERISA (i.e., the Employee Retirement Income...
Capital One Faces Latest 401(k) Forfeiture Lawsuit - Michael Schloss, PLANSPONSOR, November 18, 2024 (PDF)
Maine Human Resource Law Boot Camp - Katherine Brustowicz, presenter, NBI webinar, November 18, 2024 - Click here for details
In 2021, Congress enacted the Corporate Transparency Act (“CTA”), creating a new beneficial ownership reporting requirement. The purpose of the CTA was to make it more difficult for bad actors to hide ill-gotten gains through shell companies and opaque corporate...
Current State of Retirement Plan Forfeiture Litigation Subject of Wagner Law Update - Michael Schloss, 401k Specialist, November 14, 2024 (PDF)
The Department of Labor’s (“DOL’s”) Wage and Hour Division has issued Advisory Opinion FMLA 2024-01-A, which provides that an employee may use leave under the Family and Medical Leave Act (“FMLA”) for the treatment of a serious health condition even when this...
The Wagner Law Group continues to monitor the recent flood of retirement plan “forfeiture” litigation. This alert is our eighth update reporting on and analyzing the nature of the claims raised by plaintiffs, the defenses asserted against them and the court opinions...
Supreme Court Declines to Review Petition on ERISA Arbitration - PLANSPONSOR, November 12, 2024 (PDF)
The SECURE 2.0 Act of 2022 (the “SECURE 2.0”) made significant changes to retirement plans and how they operate. Many of the changes have already been implemented by service providers, but some sponsors will need to plan for changes that will be effective in...
The IRS has released Revenue Procedures 2024-25, 2024-40 and Notice 2024-80, which set forth the 2025 inflation-adjusted limits for certain employee welfare benefit plans and the dollar amounts used for certain nondiscrimination testing. Health Flexible Spending...
5 Ways Trump's Election Could Change Employee Benefits - Andrew Oringer, Law360, November 8, 2024 (PDF)
The Wagner Law Group Ranked 'Tier 1' ERISA and Employee Benefits Law Firm for 2025 - The Wagner Law Group Pres Release, November 7, 2024 (PDF)
ERISA Experts See Regulation Pullback as Key Theme of Trump Rule - Marcia Wagner, planadviser, November 7, 2024 (PDF)
Another Trump Term May Change Tax Treatment of Retirement Plans - Andrew Oringer, PLANSPONSOR, November 6, 2024 (PDF)
By Barry Salkin The Internal Revenue Service (“IRS”) and the Treasury Department on October 21, 2024, issued final regulations under Sections 3405(a) and 3405(b) of the Internal Revenue Code of 1986, as amended (“Code”). (The IRS had issued previous guidance with...
The Internal Revenue Service announced cost-of-living adjustments affecting certain dollar limitations for pension plans and other retirement-related limitations for 2025 in Notice 2024-80. The following chart details 2025 retirement plan dollar limitation...
Vivek Ramaswamy $30-Million Venture Launches Wealth RIA - Just Ahead of the Election - Ari Sonneberg, RIAbiz, November, 4, 2024 (PDF)
4 Appellate Arguments Benefits Attys Should Watch in Nov. - Andrew Oringer, Law360, November 1, 2024 (PDF)
The IRS has issued Notices 2024-71 and 2024-75 (the “Notices”) to expand the definition of “preventive care” for high deductible health plans (“HDHPs”). Law. In general, individuals are eligible to contribute (or have their employer contribute) to a Health Savings...
The Wagner Law Group’s Washington, D.C. Office has continued to grow, adding Michael Schloss, EBSA’s former Director of Enforcement and before that a career ERISA litigator with the Office of the Solicitor of Labor. The Washington Office now includes three former DOL...
The Case for Professional Retirement Plan Fiduciary Services - Marcia Wagner, 401kTV, October 31, 2024 (PDF)
Employers are Lagging to Implement IRS’ 401(K) Student Loan Matching Guidelines - Barry Salkin, Black Enterprise Magazine, October 30, 2024 (PDF)
IRS Issues Interim Guidance on Matching Contributions Made on Account of Qualified Student Loan Repayments - Marcia Wagner, Barry Salkin and Jon Schultze, 401(k) Advisor, October 2024
RIAs May Face Ticking Time Bomb After SEC Slams a $1.9-Billion RIA for Neglecting 'Orphan' Accounts While Charging Fees - Ari Sonneberg, RIABiz, October 26, 2024 (PDF)
Envestnet's Five-Year Legal Slugfest with Fintech Over Alleged 'Trojan Horse' Theft of Killer App Cleared for Trial, Likely a Speedbump, Not a Wrench, for Bain Acquisition or Yodlee Sale - Ari Sonneberg, RIABiz, October, 23, 204 (PDF)
The Centers for Medicare & Medicaid Services (“CMS”) has announced the proposed maximum out-of-pocket (“OOP”) limits that will apply to non-grandfathered plans for plan years beginning in 2026. The OOP limits are based on estimates of employer-sponsored insurance...
How Intense Will the DOL's Fiduciary Rule Defense Be? It Depends on the Election - Marcia Wagner, Pensions & Investments, October 22, 2024 (PDF)
The Wagner Law Group continues to monitor the ongoing flood of “forfeiture” litigation. This alert is our seventh reporting on and analyzing the nature of the claims raised by plaintiffs, the defenses asserted against them, and the court opinions deciding the issues...
By Jon Schultze and Barry Salkin In Notice 2024-73, the Internal Revenue Service (“IRS”) issued guidance on the application of certain non-discrimination rules to long-term, part-time employees in Internal Revenue Code (“Code”) Section 403(b) plans subject to ERISA...
The Centers for Medicare & Medicaid Services (“CMS”) has issued final rules on the penalties imposed when Responsible Reporting Entities (“RREs”) fail to meet their Medicare as Secondary Payer (“MSP”) reporting obligations. Background. In general terms, the MSP...
The Wagner Law Group Virtual Lunch & Learn: How to Reduce Employer Risk From Hire To Fire - Katherine Brustowicz, David Gabor, Johanna Matloff and Denise Chicoine, November 13, 2024, 1:00 - 2:00 PM (EST) and November 21, 2024, 2:00 to 3:00 PM (EST) - Click here to...
Argent Trust Co. Petitions for Supreme Court to Provide Guidance on ERISA Arbitration - PLANSPONSOR, October 14, 2024 (PDF)
Don’t Get Caught Off Guard - What Managers Should Know Before a Request for Leave or an Accommodation is Made - David Gabor and Katherine Brustowicz, The Wagner Law Group free webinar, November 19, 2024, 1:00 - 1:30 PM (EST) - Click here for details and registration
Parties in Pentegra MEP Lawsuit Decline Presence of Advisory Jury at Upcoming Trial - Andrew Oringer, PLANSPONSOR, October 11, 2024 (PDF)
Surprise—You Just Missed a PBGC Reportable Events Deadline! - Harold Ashner, Wolters Kluwer Journal of Pension & Benefits, Vol. 31, No. 4, Summer 2024
Bills to Ban Arbitration Clauses Reappear in House, Senate - Andrew Oringer, PLANSPONSOR, October 9, 2024 (PDF)
Liability Driven Investing — What You Need to Know Now - Marcia Wagner, USI Consulting and The Wagner Law Group live webinar, November 14, 2024, 1:00 PM (EST) - Click here for details and registration
Circuit ‘Crash’ Over Benefit Plan Conflicts Cues High Court Look - Andrew Oringer, Bloomberg Law, October 9, 2024 (PDF)
Court Rules 2023 Budget Bill Not Legally Enacted—Where Does That Leave SECURE 2.0? - Thomas Clark, Jr., National Association of Plan Advisors, October 8, 2024 (PDF)
WIPN Celebration in Boston: 15 Years of Connections That Count - Marcia Wagner, panelist, WE Inspire. Promote. Network. (WIPN) 15th Anniversary Celebration, October 17, 2024 - Click here for details
The Wagner Law Group continues to monitor the recent flood of “forfeiture” litigation. This alert is our sixth update reporting on and analyzing the nature of the claims raised by plaintiffs, the defenses asserted against them and the court opinions deciding the...
401(k) Student Loan Match Perk Hindered by Employer Hesitation - Barry Salkin, Bloomberg Law, September 30, 2024 (PDF)
Inferences and Specificity in Committee Meetings - Marcia Wagner and Barry Salkin, 401(k) Advisor, September 2024
The Centers for Medicare & Medicaid Services (“CMS”) has issued final rules on the penalties imposed when Responsible Reporting Entities (“RREs”) fail to meet their Medicare as Secondary Payer (“MSP”) reporting obligations. Background. In general terms, the MSP...
Federal Judge Who Tossed Stephen Greco's Sweeping RIA Lawsuit Grants Leave to Refile - Ari Sonneberg, RIABiz, September 27, 2024 (PDF)
ERISA Keynote - Marcia Wagner, co-presenter, Western Pension & Benefits Council, 2024 Western Benefits Conference, San Francisco CA, September 26 - 27, 2024 - Click here for details
DOL vs. IRS Rules: Courts Asked to Decide How 401(k) Plans Can Use Forfeiture Assets - Michael Schloss, Pensions & Investments, September 23, 2024 (PDF)
Directed Trustees - Barry Salkin, Wolters Kluwer Benefits Law Journal, Vol. 37, No. 3, Autumn 2024
The Massachusetts Wage and Hour statute mandates that employers pay departing employees their final wages, inclusive of accrued but unused vacation time, in their final paycheck on the day of termination. M.G.L. c. 149 §§148, 150 {the “Wage Act”). The timing is...
Marcia Wagner Joins Americans Benefits Council and the ACEBC - 401(k) Specialist, September 20, 2024 (PDF)
Retirement Industry People Moves - Marcia Wagner, PLANSPONSOR, September 20, 2024 (PDF)
Weighing the Pros and Cons of HSAs - Marcia Wagner, SHRM, September 19, 2024 (PDF)
The Internal Revenue Service has issued Revenue Procedure 2024-35 to implement the 2025 index adjustments for certain Affordable Care Act (“ACA”) applicable contribution percentages used to determine affordability under the law’s employer shared responsibility...
Secure 2.0 ‘Saver’s Match’ May Boost Retirement Readiness - Ari Sonneberg, Rethinking65, September 18, 2024 (PDF)
New England Update - Chistopher Suh, Panelist, The American College of Trusts & Estates 2024 New England Regional Meeting, The Hilton Mystic CT,October 18 - 20, 2024
Guidance on the New Massachusetts Estate Tax Law & Forms - Christopher Suh, panelist, MCLE New England live webcast, Wednesday, October 30, 2024, 9:30 to 10:30 AM (EDT) - Click here for registration and details
By Denise Chicoine In Bodge et al. v. Commonwealth et al. the Massachusetts Supreme Judicial Court ruled that the Massachusetts Paid Family Medical Leave Act does not require an employer to guarantee the accrual of vacation and sick time during an employee’s leave....
Marcia Wagner Appointed to Leadership Roles at American Benefits Council & American College of Employee Benefits Counsel - The Wagner Law Group Press Release, September 16, 2024 (PDF)
Over the past year, we have kept you apprised of evolving trends involving putative class action lawsuits alleging that plan fiduciaries violated their duties of prudence and loyalty under Title I of ERISA by applying forfeitures to reduce employer contributions...
BAE Beats 401(k) Plan Forfeiture Suit - Michael Schloss, planadviser, September 9, 2024 (PDF)
In Witt v. Intel Corp. Long-Term Disability Plan, the United States District Court for the District of Oregon refused to dismiss a long term disability (”LTD”) benefits lawsuit when the plan seemingly made a minor mistake in administering its claims procedure....
4 ERISA Arguments to Watch in September - Andrew Oringer, Law360, September 6, 2024 (PDF)
It is often the case under the Internal Revenue Code (“Code”) that adherence to procedural rules is crucial to secure tax benefits. Failure to meet these procedural conditions can result in unanticipated tax consequences. In the case of Berman v. Commissioner, 163...
3 Atty Takeaways On What's Ahead As ERISA Turns 50 - Marcia Wagner, Law360, August 30, 2024 (PDF)
In Weyer v. Reliance Standard Life Insurance Company, the U.S. Court of Appeals for the Eighth Circuit has determined that the “but-for” causation standard is appropriate for determining whether mental health limitations contained in a long-term disability (“LTD”)...
The Successful Yet Much-Litigated ERISA Turns 50 - Marcia Wagner, SHRM, August 28, 2024 (PDF)
On August 10th, Elon Musk made national headlines due to a lawsuit that Business Today heralded as “Former Twitter executive sues Elon Musk's X for $20 million in unpaid shares.” The article reports that X is alleged to have reneged on paying stock-based severance,...
Starting in 2024, Section 110 of the SECURE 2.0 Act allows employers to make matching contributions to Section 401(k), 403(b) and governmental 457(b) plans, and SIMPLE IRAs (which have analogous but slightly different requirements) on account of employees’ qualified...
What does the Coming Election Mean for the Fiduciary Rule? - Tom Clark, National Association of Plan Advisors (NAPA), August 26, 2024
In Perez v. Barrick Goldstrike Mines, the U.S. Court of Appeals for the Ninth Circuit has ruled that the Family and Medical Leave Act (“FMLA”) does not require an employer to present contrary medical evidence before contesting a doctor’s certification of an employee’s...
Nordstrom Suit, HP Revival Add to 401(k) Forfeiture Cases - Michael Schloss, PLANSPONSOR, August 20, 2024 (PDF)
401(k) Forfeiture Lawsuit Wave Still Splashing West Coast - Michael Schloss, 401(k) Specialist, August 20, 2024 (PDF)
Last year, we alerted you to the filing of several class action lawsuits alleging that plan fiduciaries violated their duties of prudence and loyalty under Title I of ERISA by applying forfeitures to reduce employer contributions instead of to reduce administrative...
The U. S. Court of Appeals for the Seventh Circuit, in Hensen v. Group Health Plan Cooperative of South Central Wisconsin, has ruled that the Mental Health Parity and Addiction Equity Act (“MHPAEA”) is not violated when coverage of a single type of mental health...
How Employee Benefits Rules May Fare in the Post-‘Chevron’ World - Israel Goldowitz, Bloomberg Tax, August 15, 2024 (PDF)
12 Attorneys from The Wagner Law Group to be Recognized in 2025 Edition of The Best Lawyers in America© - The Wagner Law Group Press Release, Marcia Wagner, Thomas Clark, Jr., Andrew Oringer, Harold Ashner, David Gabor, Israel Goldowitz, Russell Gaudreau, Jr., Johanna...
The Department of Health and Human Services (“HHS”) has issued a model attestation form for any “Requested Use or Disclosure of Protected Health Information Potentially Related to Reproductive Health Care.” The attestation is needed to comply with the Health...
New Regulations Strengthen Retirement Savings Protection - Andrew Oringer, The Pinnacle Gazette, August 8, 2024 (PDF)
PBGC Nominee to Navigate Concerns Over Agency’s Pension Bailouts - Israel Goldowitz, Bloomberg Tax, August 7, 2024 (PDF)
The Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”), in an April 2024 follow-up to IRS Notice 2023-2, issued proposed regulations dealing with the one-percent excise tax under Internal Revenue Code (“Code”) Section 4501 on the fair...
ERISA Attorneys Outline Next Steps, Actions Item After DOL Fiduciary Rule Stays - Marcia Wagner, 40(k) Specialist, August 2, 2024 (PDF)
Retirement Industry People Moves - Denise Chicoine, Edward Englander and Bill Hoch, planadviser, August 2, 2024 (PDF)
n Mook v. City of Martinsville, the U.S. District Court for the Western District of Virginia has ruled that an employer’s failure to follow the procedure set forth in the Family and Medical Leave Act (“FMLA”) when investigating an FMLA request precluded its motion to...
Last week was not a good week for the Department of Labor (“DOL”) in Texas. On July 25, the District Court for the Eastern District of Texas, in a civil action filed by the Federation of Americans for Consumer Choice, placed a stay on the DOL’s enforcement of its 2024...
Major 401(k) Litigators Are ‘Back in Action,’ With More Entering the Fray - Marcia Wagner, planadviser, August 1, 2024 (PDF)
We are proud to announce that Denise Chicoine, Edward Englander and Bill Hoch have joined our firm as Partners in our Boston office. The breadth and depth that they add to our firm in their areas of practice will be an enormous benefit to our clients. Denise Chicoine...
What’s Next for the Fiduciary Rule? Tom Clark at the NAPA DC Fly-In Forum - Thomas Clark, Jr., NAPA, July 31, 2024 (PDF)
Looming Litigation: Discussing Ongoing Fiduciary Rule Litigation - Thomas Clark, Jr., panelist, NAPA D.C. Fly-In Forum, Washington D.C., July 30 - 31, 2024 - Click here for details
4 Takeaways After Courts Block ERISA Advice Regs - Andrew Oringer, Law360, July 29, 2024 (PDF)
District Court Denies Motion to Dismiss Complaint for Misapplication of Plan Forfeitures - Marcia Wagner and Michael Schloss, 401(k) Advisor, July/August 2024
New Tree Co. Owners Can't Lodge Suit Over Defunct ESOP - Thomas Clark, Jr., Stephen Wilkes, Law360, July 26, 2024 (PDF)
In Tanner v. Stryker, the U.S. Court of Appeals for the Eleventh Circuit has ruled that an employee’s parental Family and Medical Leave Act (“FMLA”) rights do not begin until the actual birth of his child. Law. Under the FMLA, employers with 50 or more employees must...
Reimagining Retirement: Participant Data in Your Practice - Thomas Clark, Jr., panelist, Endeavor Retirement live webinar, July 23, 2024 - Click here for recording
In Crispell v. FCA, the U.S. Court of Appeals for the Sixth Circuit determined that a jury must decide whether an employee’s failure to follow her employer’s leave procedures was due to “unusual circumstances,” thereby permitting her to sue the employer for a...
Why Chevron Reversal May Make Retirement’s ‘Most Cautious’ Players More Risk-Averse - Marcia Wagner, planadviser, July 15, 2024 (PDF)
Lawsuit Against NYC Pension Funds’ Divestment in Fossil Fuels Dismissed - Andrew Oringer, PLANSPONSOR, July 3, 2024 (PDF)
Prior to joining the firm, Michael Schloss was the Director of the Office of Enforcement at the U.S....
Retirement Income Solutions in QDIAs: What Are the Impediments? - Thomas Clark, Jr., NAPA, July 11, 2024 (PDF)
Employer Forfeited Funds Complaint Against HP Inc. 401(k) Plan Is Dismissed - Marcia Wagner and Andrew Oringer, PLANSPONSOR, July 10, 2024 (PDF)
Qualified Default Investment Annuities (QDIAs) - Start to Finish, Default to Payout - Thomas Clark, Jr., U.S. Department of Labor ERISA Advisory Council testimony, July 10, 2024
Salim Ramji Takes Vanguard CEO Helm With Good Vibes But the Company's 50 million 'Owners' May Expect More Privileges - Ari Sonneberg, RIABiz, July 9, 2024 (PDF)
In Braidwood Management, Inc. v. Becerra, the U.S. Court of Appeals for the Fifth Circuit has issued a “mixed bag” of rulings with regards to the preventive services requirements of the Affordable Care Act (“ACA”). Law. Under the ACA, health insurance must generally...
Judge Tosses Fossil-Fuel Divestment Suit Against NYC Pensions - Mark Greenstein, FUNDfire, July 8, 2024 (PDF)
Chevron Reversal Could Affect Appeal of DOL’s ESG Rule - Andrew Oringer, PLANSPONSOR, July 5, 2024 (PDF)
5 Argument Sessions Benefits Attys Should Watch For In July - Andrew Oringer, Law360, July, 3, 2024 (PDF)
Benefits Rules Likely to Draw Fresh Fire After High Court Action - Roberta Casper Watson, Bloomberg Law, July 2, 2024 (PDF)
Key Employee Incentives: From Design to Implementation - Mark Poerio, panelist, CPAAcademy.org webinar, July, 10, 2024, 4;00 - 5:00 PM (EDT) - Click here for details and registration
Providing Retirement Benefits Can Benefit Employers - Ari Sonneberg, PLANSPONSOR, July 1, 2024 (PDF)
PBGC Closer to Receiving Pension Plan Restitution Payments - Andrew Oringer, PLANSPONSOR, July 1, 2024 (PDF)
The IRS has issued a fact sheet (FS-2024-22) to provide Frequently Asked Questions (“FAQs”) regarding educational assistance programs. Background. An educational assistance program is a written plan under which an employer provides employees with educational...
Employers Can Trust Address Provided by Employees - Marcia Wagner, PLANSPONSOR, June 25, 2024 (PDF)
5 ERISA Cases to Watch in 2024's Second Half - Andrew Oringer, Law360, June 21, 2024 (PDF)
In Anaya v. Birck, the United States District Court for the Northern District of Illinois ruled that an employer met its COBRA notification requirements even though it did not send a terminated employee’s COBRA election notice to his current address. Law. COBRA...
Seth F. Gaudreau concentrates his practice in ERISA business litigation, and investment management law. Within the ERISA...
In Information Letter 2024-004, the IRS has reiterated that contributions to a qualified transportation fringe benefits plan may not be reimbursed, even if the employee could not commute because of COVID restrictions. The employee requesting the letter explained that...
Pivotal ERISA Case Stalls Amid Mental Health Crisis - Andrew Oringer, Law360, June 13, 2024 (PDF)
Hedge Funds Urged to Prepare for a Non-Compete Clause Ban - Katherine Brustowicz, FUNDfire, June 12, 2025 (PDF)
Court Split Spells Trouble on Surprise Billing Award Enforcement - Roberta Casper Watson, Bloomberg Law, June 11, 2024 (PDF)
TIAA Retirement Suit Foreshadows Future 401(k) Rule Litigation - Andrew Oringer, Bloomberg Law, June 7, 2024 (PDF)
Michael Schloss is a highly sought-after speaker on a wide range of topics relating to Title I of...
DOL’s New Fiduciary Regulation and Exemptions - Marcia Wagner, speaker, Retirement Management Executive Forum (RMEF), Chicago, Il, June 5, 2024 - View PowerPoint presentation here
DOL Fiduciary Rule Could Mean More Analysis, Documentation, Say Industry Watchers - Marcia Wagner, Financial Advisor IQ, June 5, 2024 (PDF)
401(k) Lawsuits Over ‘Forfeited’ Money Get a Lifeline - Andrew Oringer, Investment News, June 3, 2024 (PDF)
Increased Litigation Around PRTs Brings Insurance Industry Practices to Light - Andrew Oringer, PLANSPONSOR, June 3, 2024 (PDF)
Non-Competes are Being Curtailed: What Employers Need to Know and Do Now - David Gabor and Katherine Brustowicz, The Wagner Law Group free webinar, June 25, 2024, 1:00 - 1:30 PM (EDT) - Watch the recording on YouTube
By Stephen Wilkes and Michael Schloss According to CMS, annual health care spending in the United States reached about $4.5 trillion in 2022, 9% of which (about $405 billion) was spent on prescription drugs.[1] CMS also reports that in 2022, 18% of annual health care...
Undue Influence Claims Under ERISA - Barry Salkin, Benefits Law Journal, Volume 37, No. 2, Summer 2024
Employer May Be Liable for Misrepresenting Life Insurance Conversion Information - Marcia Wagner, 401(k) Advisor, May 2024
The Department of Labor (“DOL”) has issued Field Assistance Bulletin (“FAB”) 2024-1 which contains guidance and warnings on the use of artificial intelligence (“AI”) when administrating various employment laws, including the Family and Medical Leave Act (“FMLA”),...
Are Insolvency Laws Contributing to the Death of Single Employer DB Plans? - Israel Goldowitz, Panelist, 19th Biennial IPEBLA Conference, Milan, Italy, May 26 - 29, 2024 - Click here for details
By Virginia Peabody (Senior Consultant) and Cassandra White (Paralegal) On April 23, 2024, the Biden administration announced a final rule that impacts overtime protections by increasing compensation thresholds. The rule is intended to assist lower-paid salaried...
(Another) Fiduciary Breach Asserted in TPA Healthcare Claims Processing - Thomas Clark, Jr., National Association of Plan Advisors, May 20, 2024 (PDF)
The IRS has announced the 2025 calendar year dollar limits for health savings account (“HSA”) contributions, the minimum deductible amounts, and maximum out-of-pocket expenses for high deductible health plans (“HDHPs”) and the health reimbursement account (“HRA”)...
By Katherine Brustowicz, David Gabor, and Johanna Matloff Introduction This is a follow-up to our May 9, 2023, alert regarding the Pregnant Workers Fairness Act (PWFA) which went into effect on June 27, 2023. Congress required the Equal Employment Opportunity...
The Department of Labor (“DOL”) has revoked its Association Health Plan (“AHP”) regulations and expects to replace them with stricter standards that provide additional employee protections. Background. The group health plan market is divided into the small group and...
By Michael Schloss and Stephen Wilkes On April 25, 2024, the Department of Labor’s (DOL) new fiduciary investment advice rule, restyled as the “Retirement Security Rule”, was published in the Federal Register, amending a rule that has been unchanged since it was first...
FTC Ban On Noncompetes: 7 Things Employees & Executives Must Know - Quoting WLG Law Alert by Katherine Brustowicz, David Gabor, Johanna Matloff, Mark Poerio, Andrew Oringer, and Virginia Peabody, May 8, 2024 (PDF)
Human Expertise Meets Machine Intelligence: The Winning Formula for Modern Financial Planning - Marcia Wagner, The Street, May 8, 2024 (PDF)
’Staggering Penalties’ Possible For Financial Firms Because of DOL Rules - David Gabor and Katherine Brustowicz, Rethinking65, May 7, 2024 (PDF)
By Dannae Delano In further response[i] to the Supreme Court ruling in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, the U.S. Department of Health and Human Services (“HHS”) has made final modifications to the HIPAA privacy rules designed...
401(k) Rule Suit Echoes Past Legal Attack on Obama-Era Version - Marcia Wagner, Bloomberg Law, May 7, 2024 (PDF)
Seth F. Gaudreau concentrates his practice in ERISA business litigation, and investment management law. Within the ERISA...
Introduction On April 23, 2024 the U.S. Federal Trade Commission (FTC) approved a proposed final rule which bans new non-competition clauses in employment contracts for most workers across the United States. The ban stems from the FTC’s view that...
Taking the Human out of Human Resources? Artificial Intelligence and its Impact on the Employment Setting - Johanna Matloff, The Wagner Law Group Free Webinar, May 14, 2024, 1:00 - 1:30 PM (EDT)
In Harmon v Unum Life, the U.S. Court of Appeals for the Sixth Circuit has ruled that an insurer may rely on its own medical advisors in denying long term disability (“LTD”) benefits, as long as the advisors took into account the opinions of the participant’s own...
401(k) Advice Rule Puts New Fiduciaries in Litigation Crosshairs - Michael Schloss, Bloomberg Law, May 1, 2024 (PDF)
The IRS has issued Fact Sheet 2024-13 (the “Fact Sheet”) to confirm that work-life referral (“WLR”) services provided by an employer are non-taxable, de minimis fringe benefits. Background. A WLR program is an employer-funded fringe benefit that provides work-life...
4 Takeaways from DOL's Final ERISA Investment Advice Regs - Andrew Oringer, Law360, April 25, 2024 (PDF)
FDIC Bid to Strip BlackRock and Vanguard of Superpower 'Has Legs' - Ari Sonneberg, RIABiz, April 24, 2023 (PDF)
Labor Department Issues Rule to Crack Down on Bad Retirement Savings Advice - Andrew Oringer, CNBC, April 23, 2024 (PDF)
The Internal Revenue Service, Department of Labor, and Department of Health and Human Services (the “Agencies”) have issued a revised, mandatory notice for fixed indemnity insurance coverage. Background. Hospital indemnity and other fixed indemnity insurance has...
Multiple Employer Plans Update - Susan Rees, panelist, ABA 2024 May Tax Section Meeting, May 3, 2024, Washington, D.C. - Click here for details
Examining Increasing Health Plan Fee Litigation - Thomas Clark, Jr., panelist, Corporate Synergies live webinar, May 9, 2024, 2:00 - 3:00 PM (EDT) - Click here for details and registration
The U.S. Court of Appeals for the Fifth Circuit has ruled, in Cerda v. Blue Cube Operations, that an employee was not protected by the Family and Medical Leave Act (“FMLA”) when she never gave the employer adequate notice of her need or intent to take FMLA leave....
Prime Healthcare Lacked Oversight Of 401(k) Plan, Judge Told - Marcia Wagner, Law360, April 10, 2024 (PDF)
April 15 the (Unofficial) Cutoff for Meetings on Fiduciary Rule - Andrew Oringer, Ignites, April 10, 2024 (PDF)
ERISA at 50: How We Got Here and Where Employee Benefits Law is Headed - Israel Goldowitz, panelist, Worldwide Employee Benefits Network live and virtual seminar, New York, NY, June 20, 2024, 3:00 - 4:30 PM (EDT) - Click here for details and registration
IBM Wins Dismissal of Pension Lawsuit - Andrew Oringer, PLANSPONSOR, April 9, 2024 (PDF)
Nashville Nice—NAPA 401(k) Summit Kicks Off Sunday! - Thomas Clark, Jr., National Association of Plan Advisors, April 7, 2024 (PDF)
Compare “Shuns”: Retirement Income Solutions – How to Compare - Thomas Clark, Jr., panelist, NAPA 401(k) Summit, Nashville, TN, April 7 - 9, 2024 - Click here for details
HHS, DOL and IRS (the “Agencies”) have jointly issued revised final regulations reducing the maximum duration of short-term, limited-duration health insurance (“STLDHI”) coverage. Background. STLDHI is designed to provide temporary coverage for individuals...
Minnesota Sponsor Sues Adviser for True-Up Plan Amendment - Andrew Oringer, PLANSPONSOR, April 3, 2024 (PDF)
Longstanding Internal Revenue Service Position on Forfeitures Called Into Question - Marcia Wagner, 401(k) Advisor, April, 2024
Father of the 401(k) Is Planting a New Workplace Savings Idea - The Wagner Law Group, planadviser, April 1, 2024 (PDF)
COBRA Compliance: Employer Tips From Audit Guidelines and Class Action Litigation - Dannae Delano and Linda Stuessi, panelists, Lorman Education Services live CLE webinar, May 15, 2024, 1:00 - 2:05 PM (EDT) - Click here for details and registration
The U.S. Court of Appeals for the First Circuit, in Parameter v. Prudential Insurance and Tufts University, has ruled that an insurer may have breached its fiduciary duty through unauthorized increases in premium rates, but that an employer is not guilty of a...
The U.S Department of Labor has revised its guidance regarding the classification of workers as employees or independent contractors. In addition, there have been developments affecting the classification of employees as exempt or not exempt from minimum wage and...
Molina Healthcare Close to Win in ERISA Lawsuit - Andrew Oringer, PLANSPONSOR, March 22, 2024 (PDF)
By Michael Schloss Pension risk transfers (“PRTs”) continue to make the news. And well they should. Last year alone, over $100 billion in liabilities were transferred from defined benefit pension plans to insurance companies. And the trend continues with, just this...
In Watson vs. EMC Corp., the U.S. Court of Appeals for the Tenth Circuit has ruled that an employer may be liable for the amount of life insurance proceeds if the participant failed to convert his life insurance plan because of the employer’s fiduciary violations....
Mutual Mistake Under ERISA - Barry Salkin, Benefits Law Journal, Vol. 37, No. 1, Spring 2024
Companies Transferred Billions in Pension Assets to Annuities. Here Come the Lawsuits - Andrew Oringer, InvestmentNews, March 14, 2024 (PDF)
Exhaustion - Barry Salkin, NYU Review of Employee Benefits, October 2023
In IR-2024-65 (the “IR”), the IRS warns taxpayers that some companies are misrepresenting the circumstances under which food and wellness expenses can be paid or reimbursed under health flexible spending arrangements (“health FSA”), health savings accounts, health...
Plaintiffs Request Judge Approve Settlement in ERISA Data Breach Lawsuit - Andrew Oringer, PLANSPONSOR, May 13, 2024 (PDF)
401(k) Inventor Offers New Way to Earn 'Bread' - Marcia Wagner, Newsmax, March 12, 2024 (PDF)
If You Cross-Trade Securities, Make Sure Not to Cross ERISA - Michael Schloss, Bloomberg Tax, March 8, 2023 (PDF)
In Aisenberg v. Reliance Standard Life Ins. Co., the United States District Court for the Eastern District of Virginia has ruled that a long term disability (“LTD”) plan must take into account potential future harm from continued employment when making an LTD benefits...
2024 Women Who Lead - Marcia Wagner, Massachusetts Lawyers Weekly, March 6, 2024 (PDF)
The SEC Fires All Guns Against a Crypto Platform Plan Fiduciaries Should Take Note - Marcia Wagner, 401(k) Advisor, March, 2024
DOL Streamlines PTE Application Rule With New Requirements - Michael Schloss and Stephen Wilkes, Bloomberg Law, February 29, 2024 (PDF)
In Zavislak v. Netflix, Inc., the U.S. District Court for the Northern District of California has largely rejected a plaintiff’s assertion that an employer/plan administrator for an ERISA self-funded group health plan failed to timely furnish certain plan documents,...
Dewan and Beyond – The Creation, Codification, and Implementation of QDROs 2024 – Regina Mandl, Barry Salkin, Ari Sonneberg and Marcia Wagner, panelists, Pennsylvania Bar Institute CLE webinar, February 27, 2024 – Click here for details.
401(k) World: Recordkeepers, Advisers and ‘Co-opetition’ - Thomas Clark, Jr., PLANADVISER, February 27, 2024 (PDF)
By Seth Gaudreau and Stephen Wilkes In the context of mergers and acquisitions, an acquisition target’s qualified retirement plans, health plans, executive compensation arrangements, and benefit programs (referred to collectively as "benefit programs") can all be a...
Surviving the New DOL Game Plan for Prohibited Transaction Exemptions - Michael Schloss and Stephen Wilkes, The Wagner Law Group Webinar, March 19, 2024, 12:00 - 1:00 PM (EDT) - Click here for recording
4 Trends Executive Compensation Attorneys Are Watching - Andrew Oringer, Law350, February 23, 2024 (PDF)
In Revenue Procedure 2024-14, the IRS has announced the 2025 penalty rates for violations of the employer shared responsibility provisions of the Affordable Care Act (“ACA”). Background. Under the ACA, applicable large employers (“ALEs”), which are employers with 50...
Judge Denies American Airlines’ Motion to Dismiss - Andrew Oringer, PLANSPONSOR, February 22, 2024 (PDF)
Pennsylvania Federal Judge Orders RiversEdge Out of Retirement Plans - Andrew Oringer, PLANSPONSOR, February 21, 2024 (PDF)
California’s Expanded Non-Compete Ban Has National Reach - David Gabor, Rethinking65, February 21, 2024 (PDF)
ICHRAs: The New Health Care Benefit for Advisors to Learn in 2024 - Thomas Clark, Jr., 401(k) Specialist Magazine, February 5, 2024 (PDF)
To assist in employer and employee compliance, the Department of Labor (“DOL”) has issued several revised Family and Medical Leave Act (“FMLA”) Fact Sheets, including Fact Sheet 28D: Employer Notification Requirements under the Family and Medical Leave Act (“Fact...
Attorney Peter Hutchinson Joins The Wagner Law Group - The Wagner Law Group Press Release, February 13, 2024
California Further Tightens Restrictions on Non-Compete Clauses - David Gabor, PLANADVISER, February 9, 2024 (PDF)
Johnson & Johnson Case Signals Employee Drug Price Suits to Come - Roberta Casper Watson, Bloomberg Law, February 9, 2024 (PDF)
The Departments of Labor and Health and Human Services, and the IRS (“the Agencies”) have issued Frequently Asked Questions About Affordable Care Act (“ACA”) and Consolidated Appropriations Act, 2021 Implementation (“FAQs”) Part 63 updating the requirements for...
By David Gabor Over the years, California has taken steps to prevent employers from forcing employees to enter into non-compete agreements that limit an employee’s ability to obtain subsequent employment. Effective January 1, 2024, California has expanded that...
Case Law Survey - ERISA Section 3(21)(A) and Discretion – Part 3 - Marcia Wagner, 401(k) Advisor, February, 2024
By Mark Poerio and Jordan Mamorsky The enforceability of non-compete provisions continues to be in the national spotlight. In a very recent Delaware Supreme Court decision, Cantor Fitzgerald, L.P. v. Ainslie, involving a partnership dispute at the investment firm,...
The Department of Labor released a final rule that provides new figures reflecting the adjusted civil penalty amounts for 2024, for certain health and welfare plan violations. The DOL is required to update civil penalty amounts each year by January 15th to reflect...
Seth F. Gaudreau concentrates his practice in ERISA business litigation, and investment management law. Within the ERISA...
Workers Poised to Get Benefits as Rule Creates ‘Employees’ - Roberta Casper Watson, Bloomberg Law, January 29, 2024 (PDF)
The U.S. District Court for the District of Utah, in R.E. v. Blue Cross Blue Shield, has ruled that the failure to properly follow ERISA’s claims procedures may result in a reversal of a claims denial and the award of attorney’s fees to the claimant. Law. ERISA...
26 State Attorneys General Appeal Biden ESG Rule Decision - Andrew Oringer, PLANSPONSOR, January 19, 2024 (PDF)
In Steigleman v. Symetra Life, the U.S. District Court for the District of Arizona has ruled that a small business owner could not sue an insurance company under state law for long term disability (“LTD”) benefits because ERISA preempts the state law. Law. An employee...
Jordan Mamorsky Appointed Partner at The Wagner Law Group - January 17, 2024
DOL Gives Go-Ahead to Auto Enrollment in Emergency Accounts - Andrew Oringer, Investment News, January 17, 2024 (PDF)
DOL Sues Blue Cross Blue Shield Minnesota for Collecting $66.8M in Provider Tax - Andrew Oringer, PLANSPONSOR, January 17, 2024 (PDF)
Could Skin Care be the Next Gold Rush Opportunity for Tax-Free FSA Shopping? - Roberta Watson, Glossy, January 16, 2024 (PDF)
The U.S. District Court for the Southern District of Florida has ruled, in Delucca v. The Guardian Life Insurance Company of America, that a long term disability (“LTD”) plan was not bound by prior determinations that a plan participant was totally disabled....
Compliance Issues for Employer Health and Welfare Plans: Fees, Services, Plan Contracts, Reporting, Audits - Dannae Delano, panelist, Strafford live CLE webinar, January 4. 2024 - Click here for details
The Department of Labor (“DOL”) has proposed that the Association Health Plan (“AHP”) regulations be revoked and replaced with stricter standards that provide additional employee protections. Background. The group health plan market is divided into the small group...
5 January Argument Sessions Benefits Attys Should Watch - Marcia Wagner and Andrew Oringer, Law360, January 3, 2024 (PDF)
Plan Sponsors Should Be Intentional When Adding Managed Accounts - Marcia Wagner, PLANSPONSOR, January 2, 2024 (PDF)
Case Law Survey - ERISA Section 3(21)(A) and Discretion – Part 2 - Marcia Wagner, 401(k) Advisor, January, 2024
The Eleventh Circuit Court of Appeals, in Lapham v. Walgreen Co., has ruled that the “but for” legal standard applies to Family and Medical Leave Act (“FMLA”) retaliation claims. Law. The FMLA entitles eligible employees to take up to 12 weeks’ unpaid leave: (i) for...
DOL Proposes to Rescind 2018 Association Health Plan Rule - Roberta Casper Watson, PLANSPONSOR, December 22, 2023 (PDF)
By Michael Schloss and Stephen Wilkes On August 4, 2023, a Ninth Circuit panel reversed a District Court decision in favor of AT&T - holding that AT&T breached its fiduciary duties by, among other things, failing to consider whether Fidelity’s compensation...
Case Law Survey–ERISA Section 3(21)(A) and Discretion—Part 1 - Marcia Wagner, 401(k) Advisor, Volume 30, No. 10, November/December 2023
Yellow: Pension Plan Unjustly Seeking ‘Free Money’ From Bankruptcy Case - Michael Schloss, FleetOwner, December 15, 2023 (PDF)
The U.S. Court of Appeals for the Tenth Circuit, in Ian C. v. UnitedHealthcare Ins. Co., has ruled that a group health plan violated ERISA’s claims procedures by failing to separately evaluate each “independent ground for coverage.” Facts. The son of a group health...
Merrill Edge in Hot Seat Over Rates Paid on IRAs - Michael Schloss, Financial Planning, December 14, 2023 (PDF)
By Barry Salkin, Michael Schloss and Mark Greenstein Recently, several class action lawsuits have been filed challenging the permissibility of plan language providing discretion as to how forfeitures should be used. These suits allege that the plan fiduciaries...
CapitalROCK: Retirement Security Rule Review by Wagner Law Group - Stephen Wilkes, Globe Newswire. December 13, 2023 (PDF)
The U.S. Department of Health and Human Services (“HHS”) has announced the proposed maximum out-of-pocket (“OOP”) limits that will apply to non-grandfathered plans for plan years beginning in 2025. The OOP limits are based on estimates of employer-sponsored insurance...
5 Recent ERISA Decisions Attorneys Should Know - Andrew Oringer, Law360, December 8, 2023 (PDF)
The United States District Court for the Eastern District of Pennsylvania, in Doe v. Independence Blue Cross, declined to dismiss a participant’s lawsuit claiming that a group health plan covered under Section 1557 of the Affordable Care Act (“ACA”) engaged in...
By Seth Gaudreau and Stephen Wilkes SEC Commissioner Crenshaw reminded us last year that, despite the poetic beauty of Shakespeare’s observation that, “A rose by any other name would smell as sweet”, names really do matter in the investment world. At the end of...
By Israel Goldowitz In March 2021, Congress enacted the American Rescue Plan Act (ARPA), which authorized the Pension Benefit Guaranty Corporation (PBGC) to provide taxpayer-funded special financial assistance (SFA) to multiemployer plans to allow them to continue...
Treasury’s Record $4.3B Crypto Exchange Fine Adds to Pressure on Digital Assets - Kim Shaw Elliott, Chief Investment Officer, November 29, 2023 (PDF)
Crypto Remains Massive Compliance Risk for Retirement Fiduciaries - Kim Shaw Elliott, PLANADVISER, November 27, 2023 (PDF)
SEC Case Highlights Why Fiduciaries Should Be Cautious About Crypto - Kim Shaw Elliott, PLANSPONSOR, November 22, 2023 (PDF)
SEC Charges Against Kraken Identify Specific Tokens as Securities - Kim Shaw Elliott, PLANADVISER, November 22, 2023 (PDF)
By Kim Shaw Elliott The SEC announced November 20 that it has charged Payward Inc. and Payward Ventures, Inc. (together “Kraken”, an online crypto platform) with a litany of securities registration failures and other wrongdoing which took place since 2018. In a...
Seasoned Litigator Joins The Wagner Law Group - The Wagner Law Group Press Release, November 14, 2023
A ‘Sea Change’ May be Coming for Investment Advice about 401(k)-to-IRA Rollovers - Andrew Oringer, CNBC, November 8, 2023 (PDF)
By Jon Schultze, Andrew Oringer and Barry Salkin Employee stock ownership plans (“ESOPs”) are retirement plans that provide employees with the opportunity to own stock of their employer. Congress has long encouraged the use of ESOPs under both the Employee Retirement...
IBM Plans to End 5% Employer Matching in 401(k) Plan - Andrew Oringer, PLANSPONSOR, November 3, 2023 (PDF)
3 Takeaways From DOL's New Fiduciary Proposal - Andrew Oringer, Law360, November 2, 2023 (PDF)
By Michael Schloss, Andrew Oringer, Barry Salkin, John Sohn and Stephen Wilkes Earlier this week, on October 31, 2023, the Department of Labor (the “Department”) rolled out its long anticipated new regulation defining who is a fiduciary who provides investment advice...
By Ari Sonneberg The Internal Revenue Service announced cost-of-living adjustments affecting certain dollar limitations for pension plans and other retirement-related limitations for 2024 in Notice 2023-75. The following chart details 2024 retirement plan dollar...
What to Consider When Adding Retirement Income Options - Ari Sonneberg, PLANSPONSOR, November 1, 2023 (PDF)
Blacklisted 'Woke' Firms Like BlackRock and State Street Still Have a Lock on AUM in Oil States Like Oklahoma - Ari Sonnebrg, RIABiz, November 1, 2023 (PDF)
The SECURE Act of 2019 (the “2019 Act”) and the SECURE 2.0 Act of 2022 (the “2022 Act”) made many significant changes to retirement plans and how they operate. Several provisions became effective immediately while others were deferred and will phase in over...
Employee Benefits In Bankruptcy: Update On Key Issues - Israel Goldowitz and Dannae Delano, AIRA Journal Vol. 36, No. 4, 2023
Vanguard Cleans Up Legal Matters, Settles Two Suits, Loses Third - Ari Sonneberg, RIABiz, October 27, 2023 (PDF)
IRS has released Notice 2023-70, which provides the “applicable dollar amount” for the Patient-Centered Outcomes Research Institute (“ PCORI” ) fee for plan years ending before October 1, 2024. Background. PCORI was established under the Affordable Care Act to...
New Wave of 401(k) Forfeiture Lawsuits May Hinge on Plan Terms - Andrew Oringer, Bloomberg Law, October 24, 2024 (PDF)
How Retirement Security Litigation Has Impacted the Defined Contribution Landscape - Andrew Oringer, Pensions & Investments News, October 23, 2023 (PDF)
By Regina Snow Mandl Massachusetts has raised the estate tax exemption from $1,000,000 to $2,000,000, retroactively to January 1, 2023. As a result, for decedents dying after 2022 who have a Massachusetts taxable estate of under $2,000,000, there will be no...
The Centers for Medicare & Medicaid Services (“CMS”) has announced the 2024 premiums, deductibles and coinsurance amounts for the Medicare Part A and Part B programs. Medicare Part A covers inpatient hospital, skilled nursing facility, hospice, inpatient...
By Michael Schloss On October 13, 2023, responding to the terroristic action in the State of Israel that began on October 7, 2023, the Department of the Treasury and the Internal Revenue Service issued Notice 2023-71 providing relief to affected taxpayers including:...
Plan Penalized for Failure to Follow Its Own Provisions - Marcia Wagner, 401(k) Advisor, Volume 30, No. 9, October 2023
In response to an extreme need for charitable relief by victims of the Hawaiian wildfires that began on August 8, 2023, the IRS has issued Notice 2023-69 (the “Notice”) to provide guidance under the Internal Revenue Code (“the Code”) on the federal income and...
Goldman Sachs' Sweeping Legal Effort to Crush 'United Capital' Advisor Exodus May Prove Largely Meaningless - Ari Sonneberg, RIABiz, October 9, 2023 (PDF)
Complaints Allege Improper Use of 401(k) Plan Forfeitures - Marcia Wagner, PLANSPONSOR, October 9, 2023 (PDF)
Investors Roll More Than $600 Billion a Year to IRAs. Anticipated Labor Department Rules Could Raise Their Protections - Andrew Oringer, CNBC, October 6, 2023 (PDF)
Developments at the EEOC: What This Means for You - David Gabor, The Wagner Law Group free webinar, November 1, 2023, 1:00 - 1:45 PM (EDT) - Click here for recording
ERISA: Defense Strategies to DOL Litigation and Investigations - Stephen Wilkes, panelist, The Knowledge Group Live Webcast, October 18, 2023, 12:00 - 1:30 PM (EDT)
In Rose v. PSA Airlines, Inc., the Fourth Circuit Court of Appeals ruled that a self-funded group health plan may be sued for monetary damages for failure to approve a medical procedure for a plan participant. Facts and Law. A plan participant was informed by his...
ERISA Section 3(21)(A) and Discretion - Barry Salkin, Benefits Law Journal, Vol. 36 No. 3, Autumn 2023 (PDF)
SEC, DOL, FINRA Regulatory Issues - Annuities in ERISA Retirement Plans - Stephen Wilkes, speaker, National Association of Compliance Professionals (NSCP) 2023 National Conference, Dallas, TX, October 16 - 18, 2023
The U.S. Court of Appeals for the Tenth Circuit, in Pharmaceutical Care Management v. Mulready, has ruled that a state law regulating pharmacy benefit managers (“PBMs”) is preempted by the Employee Retirement Income Security Act of 1974 (“ERISA”). Background. PBMs are...
The Future Is Now for ERISA Fiduciary Duties Around Plan Data - Michael Schloss, Bloomberg Law, September, 27. 2023 (PDF)
Biden ESG Rule Survives Challenge in Court. ‘Tonal Shift’ May be Biggest Victory, Lawyer Says - Andrew Oringer, CNBC, September 27, 2023 (PDF)
Unlocking the Power of Retirement Plans for Climate Action - The Wagner Law Group, 401(k) Specialist, September 25, 2023 (PDF)
4 Takeaways For Benefits Attys After Judge Clears ESG Rule - Andrew Oringer, Law360, September 22, 2023 (PDF)
The U S District Court for the District of Utah has ruled, in L.D. v. United HealthCare, that a group health plan does not violate the Mental Health Parity and Addiction Equity Act (“MHPAEA”) if it uses separate, but comparable, guidelines to determine mental...
New Strategy in 401(k) Litigation: Ask for Settlement Before Suit is Filed - Andrew Oringer, Investment News, September 20, 2023 (PDF)
Supreme Court Asked to Weigh in on Arbitration, Again - Jordan Mamorsky, Pensions & Investments, September 18, 2023 (PDF)
New Republican Discrimination Bill Adds Little to Current Law: Lawyers - Mark Greenstein, FUNDfire, September 18, 2023 (PDF)
Latest ERISA Standard Ruling Could Lead To More Dismissals - Andrew Oringer, Law360, September 15, 2023 (PDF)
In deciding Bryant v. Walgreen Co., the U.S. District Court for the Northern District of Illinois addressed several important aspects of the COBRA notification requirements. Law. Employers must generally provide COBRA election notices to former employees and other...
Department of Labor Recovers $22.5 million for ESOP - Andrew Oringer, PLANSPONSOR, September 13, 2023 (PDF)
DOL Braces For Hostile Reception To Fiduciary Rule Rewrite - Andrew Oringer, Law360, September 12, 2023 (PDF)
By Harold Ashner and Israel Goldowitz On September 11, 2023, the American Bar Association (“ABA”) posted a summary of the May 3, 2023, meeting between representatives of the Pension Benefit Guaranty Corporation (“PBGC”) and representatives of the ABA’s Joint Committee...
New Fiduciary Rule Sent to OMB By Department of Labor - Thomas Clark, Jr., NAPA, September 9, 2023 (PDF)
Why Some Ex-Workers at Bed Bath & Beyond Face 401(k) Losses - Israel Goldowitz, New York Times, September 9, 2023 (PDF)
The U.S. Court of Appeals for the Tenth Circuit, in David P. v. United Healthcare Ins. Co., has reversed a group health plan’s benefits claim denial because the plan’s claims administrator failed to follow ERISA’s claims procedures. Law. Every ERISA-covered pension...
IRS Issues Transitional Guidance for Required Minimum Distributions - Marcia Wagner, 401(k) Advisor, Volume 30, No. 8, September 2023
Law Firm Letter Backs DOL Rule on ERISA Fiduciaries Using Climate Factors - chief investment officer, September 1, 2023 (PDF)
Wagner Law Group: Climate Funds, ERISA May Co-Exist, With Prudence - PLANSPONSOR, August 31, 2023 (PDF)
SECURE 2.0 Roth Catch-Up Delay: More IRS Guidance to Come - The Wagner Law Group Law Alert, 401(k) Specialist, August, 31, 2023 (PDF)
By John Schultze and Barry Salkin One of the changes made by the SECURE 2.0 Act requires that catch-up contributions made by employees with FICA compensation from an employer sponsoring a 401(k), 403(b) or 457(b) defined contribution plan of at least $145,000 in the...
The Office of Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) and the Federal Trade Commission (“FTC”) have issued a letter, dated July 20, 2023 (the “Letter”), warning of potentially serious privacy and security risks related to the...
Legal Opinion Letter Released by Business Climate Finance Affirms Companies' Ability to Consider ESG Factors in Employer-Sponsored Retirement Plan Selection Process - businesswire, August 29, 2023 (PDF)
The RIA Business Can Heave a Sigh of Relief as Grayscale Beats the SEC in Court - Ari Sonneberg, RIABiz, August 29, 2023 (PDF)
9th Circ. Reopens Door To Reprocessing In UBH Battle - Andrew Oringer, Law360, August 25, 2023, (PDF)
The Internal Revenue Service has issued Revenue Procedure 2023-29 to implement the 2024 index adjustments for certain Affordable Care Act (“ACA”) contribution percentages used to determine affordability under the law’s employer shared responsibility mandate....
Former Director Sues Howard University Pension Plan - Andrew Oringer, PLANSPONSOR, August 21, 2023 (PDF)
10th Circ.'s Okla. PBM Ruling Could Curtail State Regulation - Andrew Oringer, Law360, August 18, 2023 (PDF)
By Barry Salkin In a global economy, it will frequently be the case that employees of multinational organizations will be employed in both the United States and abroad. In Chief Counsel Advice Memorandum 202327014 (CCA), a non-precedential document, IRS addressed the...
Boston, MA, August 17, 2023 – The Wagner Law Group, widely recognized as the country’s top ERISA and employee benefits law firm, is delighted to announce that 11 of its attorneys will be recognized as Best Lawyers® in the 2024 edition of The Best Lawyers in America©,...
The Department of Labor (“DOL”) has released a revised Model Notice for employers to use to inform employees about the potential for them to receive state-provided premium assistance subsidies to use towards the purchase of group healthcare coverage. The Children’s...
Claims Appeals Procedures Must be in Formal Plan Documents - Marcia Wagner, 401(k) Advisor, Volume 30, No. 7, July/August 2023
If You Buy Pension Risk Transfers, Don’t Buy a Pig in a Poke - Michael Schloss, Bloomberg Tax, August 10, 2023 (PDF)
9th Circ. ERISA Fee Ruling May Spur High Court Intervention - Andrew Oringer, Law360, August 9, 2023 (PDF)
The U.S. District Court for the Southern District of New York, in Rhodes v. First Reliance, has ruled that an insurer’s denial of a long-term disability (“LTD”) claim must be reviewed under the de novo standard because of several violations of the Department of...
By Dannae Delano, Roberta Casper Watson and Barry Salkin On July 25, the Departments of Treasury, Labor, and Health and Human Services (the “Departments”) issued proposed regulations and other related guidance under the Mental Health Parity and Addiction Equity Act...
3 Takeaways From The PBGC's Latest Fiscal Health Checkup - Israel Goldowitz, Law360, August 4, 2023 (PDF)
HHS, DOL and IRS (collectively, the “Agencies”) have jointly issued proposed regulations to provide guidance on the implementation of the requirements of the Mental Health Parity and Addiction Equity Act of 2008 (the “MHPAEA”). Background. The MHPAEA requires that...
UnitedHealth Group Insurance TPA, UMR Sued by DOL - Andrew Oringer, PLANSPONSOR, August 2, 2023 (PDF)
By Roberta Watson, Dannae Delano and Barry Salkin Employers frequently provide group health plan coverage for their employees through pre-tax contributions to a cafeteria plan. Elections under a cafeteria plan cannot be revoked during the year, unless there is a...
By Dannae Delano, Roberta Watson and Barry Salkin In FAQ Part 60, the Departments of Health and Human Service, Treasury, and Labor (the “Departments”) addressed limitations on cost sharing under the Affordable Care Act (the “ACA”), certain relationships between the...
Pension Benefits at Yellow Corp. Secured by Teamsters Fund Bailout This Year - Michael Schloss, Pensions & Investments, August 1, 2023 (PDF)
Fidelity Investments is Suddenly Fending off a Fresh Wave of AI Suitors for its Vast Recordkeeping Data Trove - Ari Sonneberg, RIABiz, July 28, 2023 (PDF)
Buried in the recent decision in Supercooler Technologies, Inc. v. The Coca Cola Company, No. 6:23-cv-187-CEM-RMN (M.D. Fl. July 17, 2023), is a set of circumstances that amount to a cautionary tale for lawyers. The decision, on a motion to disqualify a law firm from...
In Laake v. Benefits Committee, Western & Southern Financial Group Co., the U.S. Court of Appeals for the Sixth Circuit determined that the de novo standard of review applies where an employer’s long-term disability (“LTD”) plan ignores plan provisions by allowing...
By Jon Schultze and Barry Salkin In response to changes made by the SECURE 2.0 Act of 2022 (SECURE 2.0) to the required minimum distribution (“RMD”) rules of the Internal Revenue Code (the “Code”), the Internal Revenue Service (“IRS”) recently issued Notice 2023-54,...
DOL Advises Plan Sponsors to Extend Enrollment Period for Employees Losing Medicaid - Roberta Casper Watson, PLANSPONSOR, July 24, 2023 (PDF)
ERISA Arbitrability Battles May Require High Court Guidance - Andrew Oringer, Law360, July 21, 2022 (PDF)
By Dannae Delano, Roberta Casper Watson and Barry Salkin On July 7, the Departments of Health and Human Services, Labor, and Treasury (the “Departments”) issued proposed regulations modifying the definition of short-term limited duration insurance and the conditions...
By Dannae Delano, Seth Gaudreau and Barry Salkin The SECURE 2.0 Act of 2022, Division T of Public Law No. 117-328 (“the Act”) includes dozens of provisions that affect retirement plans and retirement plan sponsors. This alert focuses on several changes related to the...
In Myrick v City of Hoover, the U.S. Court of Appeals for the 11th Circuit has ruled that military reservists must be treated as if they were on paid leave for purposes of the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) because the City offers...
ERISA Fiduciary Institute 2023 - Andrew Oringer and Susan Rees, panelists, American Bar Association Joint Committee on Employee Benefits (JCEB) seminar, Washington, D.C., September 12, 2023 - Click here for registration - Click here for PDF agenda
Twitter Hit With $500M Suit for Unpaid Severance - Andrew Oringer, planadviser, July 12, 2023 (PDF)
The U.S. Court of Appeals for the Eighth Circuit has ruled, in Shafer v. Zimmerman Transfer, that a group health plan does not have to pay for emergency services specifically excluded by the plan document. Facts. A plan participant underwent bariatric surgery for...
ERISA Allows Plan Fiduciaries to Pursue More Than Just Money - Michael Schloss, Bloomberg Tax, July 10, 2023 (PDF)
FAQ Clarifies Status of In-Network Providers, Facility Fees - Roberta Casper Watson, PLANSPONSOR, July 10, 2023 (PDF)
DOL Proposes Limiting Short-Term ‘Junk’ Health Plans - Roberta Watson, PLANSPONSOR, July 7, 2023 (PDF)
EBSA Publishes Regulatory Update on Health Facility Fees, Provider Networks - Roberta Casper Watson, planadviser, July 7, 2023 (PDF)
In response to the ending of the COVID-19 public health emergency and national emergency, the IRS has issued Notice 2023-37, which modifies its prior guidance on benefits relating to the testing and treatment of COVID-19 by a health plan that otherwise satisfies the...
3 DOL Moves Benefits Attorneys Will Be Watching For - Andrew Oringer, Law360, July 3, 2023 (PDF)
By Seth Gaudreau and Stephen Wilkes On June 8, 2023, the Securities and Exchange Commission’s (“SEC”) Division of Examinations (the “Division”) published a risk alert (the “Risk Alert” - found here) focused on its examination of investment advisers (specifically...
Financial Aspects of Divorce in Massachusetts: Division of Retirement Assets in Divorce - Marcia Wagner and Ari Sonneberg, MCLE New England, 2nd Edition, 2023
Jury Delivers Win to Yale With 403(b) Lawsuit Verdict - Andrew Oringer, PLANSPONSOR, June 29, 2023 (PDF)
IRS has released guidance, in the form of Chief Counsel Memorandum Number: 202323006 (the “Memorandum”), denying favorable tax treatment to wellness incentive program payments provided through cafeteria plans when the payments are not related to health care expenses....
DOL Sues Missouri Bankers Benefit Plan - Andrew Oringer, PLANSPONSOR, June 16, 2023 (PDF)
Could Health Care Regulation Go the Way of Retirement Plans? - Andrew Oringer, PLANSPONSOR, June 12, 2023 (PDF)
The Department of Labor (“DOL”) has issued Opinion Letter FMLA 2023-2-A (the “Letter”) to clarify how the amount of leave used is calculated when an employee takes Family and Medical Leave Act (“FMLA”) leave for less than a full week during a week that includes a...
The Wagner Law Group Grows its Washington D.C. Office with Veteran DOL Attorney Michael Schloss - June 7, 2023
New England 401(k) Fee Suits Forge Employers’ Longshot Bid - Marcia Wagner, Bloomberg Law, June 6, 2023 (PDF)
By Dannae Delano, Barry Salkin and Roberta Casper Watson As we have previously described in client alerts, the end of the National Emergency and the cessation of the outbreak period on July 10, 2023, will result in, among other things, the end of the tolling and...
Churchill Holdings ESOP Participants Sue - Andrew Oringer, PLANSPONSOR, June 2, 2023 (PDF)
The COVID-19 national emergency (“NE”) and public health emergency (“PHE”) officially ended on April 10 and May 11, 2023, respectively. The end of the emergencies provides group health plan sponsors with the ability to modify certain COVID-19-related benefits mandated...
Pension Risk Transfers Continue to Skyrocket in Q1 - Marcia Wagner, PLANSPONSOR, May 25, 2023 (PDF)
IRS Issues Advice on Nonfungible Tokens (NFTs) in IRS and Tax Qualified Individual Account Plans - Marcia Wagner, 401(k) Advisor, May 2023
The Who, When and Why of Independent Fiduciaries - John Sohn and Stephen Wilkes, Benefits Magazine, May/June 2023
The IRS has announced the 2024 calendar year dollar limits for health savings account (“HSA”) contributions, the minimum deductible amounts and maximum out-of-pocket expenses for high deductible health plans (“HDHPs”) and the health reimbursement account (“HRA”)...
By Stephen Wilkes and Seth Gaudreau On April 26, 2023, the U.S. Securities and Exchange Commission (“SEC”) published a Staff Bulletin (the “Bulletin”) reiterating the care obligation standards of conduct for broker-dealers and investment advisers when providing...
DOL,Trade Groups Clash Over ERISA Prohibited Transactions - Andrew Oringer, Pensions & Investments, May 22, 2023 (PDF)
Employers Discuss Why They Use Vendor Search Consultants - Andrew Oringer, PLANSPONSOR, May 19, 2023 (PDF)
The U.S. Court of Appeals for the Seventh Circuit has ruled, in Carlson v. Northrop Grumman Severance Plan, that an employer can use its discretion to individually select which terminated employees will receive severance benefits if it reserves the right to do so in...
By Andrew Oringer It was reported yesterday, on May 15, 2023, that the U.S. Department of Labor (the “DOL”) has abandoned its appeal in American Securities Association [“ASA”] v. U.S. Department of Labor, No. 8:22-cv-00330 (M.D. Fla. Feb. 13, 2023). ASA (along with...
In Yates v. Symetra Life Insurance, the U.S. Court of Appeals for the Eighth Circuit has ruled that a life insurance beneficiary need not exhaust a plan’s claims appeals procedures when the plan documents do not specify these procedures. Law. ERISA authorizes a plan...
What Regulations and the Law Say About Retirement Income - Marcia Wagner, 2023 PLANSPONSOR National Conference, Orlando, FL, June 21 - 23, 2023 - Click here for details
By Katherine Brustowicz and David Gabor Introduction: It has long been the law that Title VII, the Age Discrimination in Employment Act (ADEA), and the Family Medical Leave Act (FMLA) protect pregnant and nursing employees. These laws provide protections to...
Richter-Gordon, Chamberlain Launch Firm to Vet Lifetime Income Options in 401(k)s - The Wagner Law Group, 401(k) Specialist, May 9, 2023 (PDF)
Aon, Astellas Pay to Settle CIT Conflict of Interest Litigation - Andrew Oringer, PLANSPONSOR, May 9, 2023 (PDF)
Legally Navigating Workplace Disability and Religious Accommodations - Katherine Brustowicz and David Gabor, panelists, The Wagner Law Group webinar, May 31, 2023, 1:00 - 1:45 PM (EDT) - Click here for recording
Massachusetts Human Resource Law Boot Camp - Katherine Brustowicz, panelist, National Business Institute (NBI), live online seminar, May 5, 2023 9:00 AM - 4:30 PM (EDT)- Click here for details
The IRS Office of Chief Counsel has issued Memorandum Number 202317020 (the “Memorandum”) to explain the substantiation rules for claims made under health and dependent care FSAs by means of six commonly encountered factual situations, in five of which it concludes...
Court Ruling Vacating DOL Rollover Guidance isn't End of Fiduciary Saga - Andrew Oringer, Pensions & Investments, May 1, 2023 (PDF)
3 May Argument Sessions Benefits Attorneys Should Watch - Andrew Oringer, Law360, April 28, 2023 (PDF)
ERISA Lawsuit Against NJ Transit Authority Dismissed - WLG Law Alert, PLANSPONSOR, April 28, 2023 (PDF)
In Pue v. New Jersey Transit Authority, the U.S. Court of Appeals for the Third Circuit has dismissed an ERISA-based lawsuit because government plans are not covered by ERISA. Law. ERISA section 4(b)(1) states that the law does not cover “government plans.” A...
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities [Continued] - Marcia Wagner, 401(k) Advisor, April 2023
The Federal District Court for the Western District of Washington has ruled, in C.P. vs. Blue Cross Blue Shield of Illinois, that an insurer acting as a third party administrator (“TPA”) is covered by the nondiscrimination rules of Section 1557 of the Affordable Care...
Code Section 457(f) Conundrum: How to Handle Past Year Mistakes (from Vesting) - Mark Poerio and Barry Salkin, LexisNexis Practical Guidance, March 31, 2023
IRS Requires Most Employee Benefit Plans to File Forms Electronically - The Wagner Law Group, LexisNexis Practical Guidance, April 2023
DOL Sues Profit-Sharing Retirement Plan of California Consultant - Andrew Oringer, PLANSPONSOR, April 17, 2023 (PDF)
By Dannae Delano U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) issued the following four pieces of guidance announcing enforcement discretion during the COVID-19 pandemic: March 13, 2020 – Enforcement Discretion Regarding COVID-19...
Chambers USA 2022: Employee Benefits & Executive Compensation - Andrew Oringer
Secure 2.0, The Fiduciary Rule, New Developments: What You Need to Know - Marcia Wagner, Financial Executives International (FEI) Committee on Benefits Finance – March 2023 Virtual Meeting - PowerPoint presentation here
The U.S. Court of Appeals for the Fourth Circuit has ruled, in Messer v. Bristol Compressors, that a Board of Directors resolution intended to terminate a severance pay plan was insufficient because the plan’s provisions required additional actions to amend or...
Full-Time to Part-Time: Educate Employees About Ramifications for Benefits and Compensation - Marcia Wagner, SHRM, April 12, 2023 (PDF)
By Barry Salkin, Dannae Delano and Roberta Casper Watson On January 31, 2020, the Department of Health and Human Services (HHS) declared that a nationwide public health emergency (PHE) had existed since January 27, 2020, because of the pandemic. On March 13, 2020, a...
As Private Equity Firms Work to Access 401(k) Market, Plaintiff Lawyers Gear Up to Sue - Thomas Clark, Jr., The Capitol Forum, April 10, 2023
Withdrawal Liability Interest Rate Assumptions: The Battle Continues - Israel Goldowitz, Bloomberg Tax Management Compensation Planning Journal, April 7, 2023
Suit “Routes”: Lessons Learned from Litigation - Thomas Clark, Jr., Panel Moderator, NAPA 401(k) Summit, April 3 -5. 2-2023 - Click here for details
Case(s) in Point - Thomas Clark, Jr., NAPANET the Magazine, Spring 2023 (PDF)
What to Love (& Fear) About SECURE 2.0 Now - Thomas Clark, Jr., NAPANET the Magazine, Spring 2023 (PDF)
Has the Litigation Pendulum Swung Back to Plan Sponsors?: NAPA 401(k) Summit - Thomas Clark, Jr., NAPA, April 4, 2023 (PDF)
Nestimate Debuts Software Solution for In-Plan Guaranteed Income Products - Marcia Wagner and John Sohn, 401(k) Specialist, April 3, 2023 (PDF)
How Plan Sponsors Can Offer Backdoor Roth Conversions - Marcia Wagner, PLANSPONSOR, April 3, 2023 (PDF)
Governance - Andrew Oringer, PLANSPONSOR Magazine, March - April 2023
The Duty of Impartiality - Bary Salkin, author, Benefits Law Journal, Vol 36, No. 1, Spring 2023
What All Estate Planners Need to Know About Prenuptial & Cohabitation Agreements - Christopher Suh, panelist, MCLE New England live CLE webcast, November 6, 2023, 9:00 - 11:00 AM (EDT) - Click here for details and registration
By Barry Salkin and Jon Schultze Unlike ERISA, the Internal Revenue Code (“Code”) places almost no restrictions on the manner in which plan assets of individual retirement plans or tax-qualified defined contribution plans can be invested. Certain types of investments...
The IRS has issued final regulations that will require almost all employee benefit plan filings to be made electronically. Background. Generally, Applicable Large Employers are required to file Forms 1094 and 1095 with the IRS to report their compliance with the ACA’s...
ERISA Attorney Marcia Wagner Comments On The President’s Veto Of Bipartisan ESG Joint Resolution - Marcia Wagner, Forbes, March 24, 2023 (PDF)
7th Circ. Northwestern Ruling Eases ERISA Pleading Standard - Amdrew Oringer, Law360, March 24, 2023 (PDF)
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities - Marcia Wagner, 401(k) Advisor, March 2023
The IRS has issued a series of Frequently Asked Questions (“FAQs”) to provide guidance as to whether certain costs related to nutrition, wellness, and general health are medical expenses that may be paid or reimbursed on a tax-exempt basis under a group health plan,...
Defined Benefits Plans: Underfunded Plans - Harold Ashner and Linda Rosenzweig, contributing authors, Bloomberg Law Guide to Retirement Plan Designs. March 2023
Fiduciary Litigation Debate - Thomas Clark, Jr., DC Pension Geeks Podcast, March 20, 2023 - Click here for recording
Avoiding Nonqualified Plan Traps: Key Considerations for ERISA Counsel and Employers - Mark Poerio, Strafford Live CLE webinar, March 23, 2023, 1:00 - 2:30 PM (EDT) - Click here for details
The Wagner Law Group Ranked Among the Largest Women-Owned Businesses in Massachusetts - March 15, 2023
After the Victory Lap: The To-Do List for Plan Sponsors on the Passing of SECURE 2.0 - panelist, Institutional Investor Defined Contribution Forum, Chicago, IL, April 18 - 19, 2023 - Click here for details
LinkedIn Settles 401(k) Excessive Fee Complaint for $6.75 Million - Andrew Oringer, PLANSPONSPR, March 15, 2023 (PDF)
By Jon Schultze and Barry Salkin Some of the IRS regulations dealing with tax-qualified plans predate ERISA and subsequent federal tax legislation, and have become outdated. However, sometimes it takes IRS a long time to update its regulations to reflect current...
By Jon Schultze and Barry Salkin One of the less-discussed provisions of the recently enacted SECURE Act 2.0 makes two changes to the “family attribution” rules under Section 414 of the Internal Revenue Code (the “Code”). As described below, these technical rules...
By Dannae Delano, Roberta Casper Watson and Barry Salkin The Consolidated Appropriations Act of 2021 (“CAA”) is the most significant compliance challenge for employer health plan sponsors since the Affordable Care Act. Compliance is now required for its provisions...
The Department of Labor (“DOL”) has issued Opinion Letter FMLA 2023-1-A with regards to employees who have health conditions that prevent them from working more than 40-hours per week. DOL was asked if employees may use Family and Medical Leave Act (“FMLA”) leave to...
Retirement Industry People Moves - PLANADVISER, March 3, 2023 (PDF)
Battle Over ESG Means Balancing Act For Benefits Plans - Andrew Oringer, Law360, March 3, 2023 (PDF)
Court Ruling Vacating DOL Rollover Guidance Isn't End Of Fiduciary Saga - Andrew Oringer, Pensions & Investments, March 1, 2023 (PDF)
The Department of Labor (“DOL”), in Field Assistance Bulletin No. 2023-1 (“FAB”), has explained how to apply the eligibility rules under the Family and Medical Leave Act (FMLA) when employees telework or work away from an employer’s facility. Law. Under the FMLA,...
The Wagner Law Group Grows its Chicago Office With the Addition of Attorney - March 1, 2023
The Largest Women-Owned Businesses in Massachusetts - Boston Business Journal, February 24, 2023
The U.S. Court of Appeals for the Ninth Circuit, in Clarkson v. Alaska Airlines, has determined that a jury must decide whether an employer offered “comparable,” non-military, paid leave, and was therefore obligated to pay reservists when they went on military leave....
Rudy Adolf Dodges Questions on Focus Financial Earnings Call - Ari Sonneberg, RIABiz, February 21, 2023 (PDF)
Church-Exemption Ruling Could Have Wide Implications - Andrew Oringer, PLANSPONSOR, February 22, 2023 (PDF)
Cybersecurity Issues - Susan Rees, 2023 Joint TE/GE Council Employee Plans Annual Meeting, Washington, D.C., February 23 - 24, 2023
Practitioner’s Panel - Roberta Watson, 2023 Joint TE/GE Council Employee Plans Annual Meeting, Washington, D.C., February 23 - 24, 2023
DOL Court Loss Casts Shadow On Fiduciary Rulemaking - Andrew Oringer, Law360, February 17, 2023 (PDF)
Lawsuit Accuses Conagra of Shirking Pension Benefits - Andrew Oringer, PLANSPONSOR, February 16, 2023 (PDF)
By Andrew Oringer Two recent federal courts, in Carfora v. TIAA, No. 1:21-cv-08384 (S.D.N.Y. Sept. 27, 2022) and American Securities Association [“ASA”] v. U.S. Department of Labor, No. 8:22-cv-00330 (M.D. Fla. Feb. 13, 2023), have rejected a key interpretation by the...
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities – Marcia Wagner, 401(k) Advisor, February, 2023
By Roberta Casper Watson, Dannae Delano and Barry Salkin The No Surprises Act directs the Departments of Treasury, Labor, and Health and Human Services (the “Departments”) to establish a Federal Independent Dispute Resolution Process (the “Federal IDR Process”),...
Federal Judge Strikes Down DOL Rollover Advice Guidance - Andrew Oringer, PLANSPONSOR, February 14, 2023 (PDF)
Court Rolls Back Rollover Rule in 401(k) Fiduciary FAQ Fight - Thomas Clark, Jr., National Association of Plan Advisors, February 13, 2023 (PDF)
Employee Benefits Plans - Barry Salkin, contributing author, Start-Up & Emerging Companies: Planning, Financing & Operating the Successful Business, ALM
Secure Act 2.0 Litany of Retirement Change Presents Employers Enhanced Retirement Opportunities for Employee - Marcia Wagner, Dannae Delano, Alexander Olsen, Kim Shaw Elliott and Barry Salkin, Bloomberg Tax, Tax Management and Compensation Journal, Vol. 52, No. 02,...
The Department of Labor, the Department of Health and Human Services, and the IRS (the “Agencies”) have issued proposed regulations that would expand access to contraceptive care coverage. Background. Under the ACA’s preventive services requirements,...
Patients Down, But Not Out, After 9th Circ. Benefits Ruling - Andrew Oringer, Law360, February 3, 2023 (PDF)
Catch-Up Contribution? Good Luck With That. Congressional Snafu Leaves Older Retirement Savers in Limbo - Marcia Wagner, MarketWatch, January 31, 2023 (PDF)
Expectations of the Fiduciary and Retrospective Review - Stephen Wilkes, panelist, National Society of Compliance Professionals (NSCP) Virtual Educational Seminar, May 3, 2023 - Click here for details
Rule Proposes Removing Moral Exemption to Contraception Mandate - Marcia Wagner, SHRM, January 30, 2023 (PDF)
Quiet Quitting and Quiet Firing: Is It Happening at Your Company? - The Wagner Law Group webinar, panelists David Gabor, Katherine Brustowicz, February 22, 2023, 1:00 - 1:45 PM (EST) - Click here for recording
Glitch-Fixing: How 2024 Catch-Up Contributions Could Be Restored in SECURE 2.0 - Marcia Wagner, 401(k) Specialist, January 30, 2020 (PDF)
DOL "Clarifies" Guidance on the Bonding Requirements to PEPs and their Pooled Plan Providers - Marcia Wagner, 401(k) Advisor, Vol. 30, No. 1, January 2023
The Department of Labor (“DOL”) has announced the inflation-adjusted penalties for certain health and welfare plan violations. The new amounts are effective for penalties assessed after January 15, 2023. The table below shows the previous penalty amounts and the new...
TIAA Class Action Reversal May Impose Significant Procedural Hurdle for Future Cases - Andrew Oringer, PLANSPONSOR, January 24, 2023 (PDF)
By Jordan Mamorsky and Barry Salkin Because of the scarcity of case law and regulatory guidance on the issues, any case that analyzes the liability of ERISA plan sponsors and service providers following a cybersecurity incident and/or identity theft will be heavily...
The U.S. Court of Appeals for the Sixth Circuit, in Render, v. FCA US, LLC, has ruled that only one FMLA-qualified notice is required from an employee for intermittent FMLA leave. Law. The FMLA entitles eligible employees to up to 12 weeks’ leave: (i) for one’s own...
By Barry Salkin Longstanding Internal Revenue Service (“IRS”) regulations with respect to spousal consent to a waiver of benefits require an election to be witnessed in the physical presence of a notary public or plan representative. Due to the coronavirus pandemic,...
Potential Fallout from the SEC’s Late Trading Rule Revival - Marcia Wagner, NAPA, January 10, 2023 (PDF)
Fiduciary Litigation Year in Review - Christopher Suh, panelist, Boston Probate & Estate Planner Forum seminar, Union Club, Boston, MA, February 1, 2023
Family Law Trilogy 2023 - Fiduciary Litigation Year in Review - Christopher Suh, panelist, Social Law Library live CLE webinar, January 25, 2023, 4:00 - 6:00 PM (EST) - Click here for details
Avoiding Nonqualified Plan Traps: Key Considerations for ERISA Counsel and Employers - Mark Poerio, panelist, Strafford live CLE webinar, January 25, 2023 1:00 - 2:30 PM (EST) - Click here for details
FTC’s Noncompete Ban Would Hit Retirement, RIA Consolidation - Marcia Wagner, PLANADVISER, January 9, 2023 (PDF)
ESOP Plan Faces Retirement Records Lawsuit - Andrew Oringer, PLANSPONSOR, January 5, 2023 (PDF)
The U.S. Department of Health and Human Services (HHS) has announced the inflation-adjusted maximum out-of-pocket (OOP) limits that will apply to non-grandfathered plans for plan years beginning in 2024. The OOP limit includes the plan’s deductible and cost sharing...
By, Barry Salkin, Roberta Watson and Jon Schultze n the ordinary course, we would not be advising clients that a statute that a Supreme Court held unconstitutional nine years ago was being removed from the United States Code. However, since the Dobbs decision...
Vanguard Cites Shunned Founder Jack Bogle to Deflect Criticism After Epic ESG Flip-Flop - Ari Sonneberg, RIZBiz, January 3, 2023 (PDF)
Attorney Andrew Oringer Joins The Wagner Law Group - January 2, 2023
The Ninth Circuit Court of Appeals, in Mull v. Motion Picture Industry Health Plan; Board of Directors of Motion Picture Industry Health Plan, has determined that an ERISA-covered group health plan has the right to recoup payments made to a participant to cover...
By Stephen Wilkes, Izzy Goldowitz and John Sohn On November 22, 2022, the Department of Labor (“DOL”) issued a final rule modernizing and revising the long-standing Investment Duties Regulation. Among other things, the final rule clarifies that ERISA plan fiduciaries...
By Roberta Watson, Barry Salkin and Alex Olsen The SECURE Act 2.0 of 2022 (“SECURE 2.0”, or the “Act”) became law as part of the Consolidated Appropriations Act of 2023. SECURE 2.0 builds on the Setting Every Community Up for Retirement Enhancement Act of 2019 (i.e.,...
By Stephen Wilkes and Seth Gaudreau On November 30, 2022, the Internal Revenue Service (“IRS”) and the Department of the Treasury (“Treasury”) published Notice 2022-61 (the “Notice”) in the Federal Register. Among the provisions of the Inflation Reduction Act of 2022...
By Roberta Watson, Barry Salkin and Dannae Delano On December 23, 2022, new guidance applicable to group health plans was issued by federal agencies, as described more fully below. The Center for Medicare and Medicaid Services issued updated fee guidance in...
In past years, the IRS has extended the deadlines for employer and group health plan Affordable Care Act (“ACA”) reporting. In lieu of the deadline extensions, the IRS has now issued final regulations that provide for a permanent, automatic extension of the deadline...
First Circuit Illustrates the Importance of the Fiduciary Responsibilities of Health and Welfare Plan Sponsors and Severance Providers Under ERISA - Dannae Delano, Barry Salkin and Roberta Casper Watson, Bloomberg Tax Management Compensation Planning Journal, Vol. 50...
Ninth Circuit Court of Appeals has ruled, in Steigleman vs. Symetra Life, that neither an employer nor its trade association created an ERISA-covered plan merely because the employer paid for long term disability (“LTD”) coverage or because the association chose the...
Mental Health Parity Rules and Requirements for Plan Sponsors and Administrators - Roberta Casper Watson, panelist, Strafford live CLE webinar, January 4, 2023, 1:00 - 2:30 PM (EST) - Click here for details
Superseding Cause Under ERISA - Barry Salkin, Benefits Law Journal, Vol. 35, No. 4, Winter 2022
The Fifth Circuit Court of Appeals, in Bunner v. Dearborn Nat’l Life Ins. Co., has held that a disability insurer properly denied a claim for long-term disability (“LTD”) benefits based on the plan’s pre-existing condition exclusion. In particular, the Fifth Circuit...
IRS Issues Important Guidance with Respect to Required Minimum Distribution Regulations – Marcia Wagner, 401(k) Advisor, November-December, 2022
The Ninth Circuit Court of Appeals, in Collier v. Lincoln Life Assurance Co. of Boston, has held that when a district court engages in a de novo review of an ERISA plan administrator’s denial of long-term disability (“LTD”) benefits, it must examine the administrative...
By Stephen Wilkes, Seth Gaudreau and Susan Rees A recent Information Letter from Eric Berger, Chief, Division of Coverage, Reporting and Disclosure, in the Office of Regulations and Interpretations of the Employee Benefit Security Administration (“EBSA”) of the...
Year-End Planning for Benefit Professionals - Marcia Wagner, presenter, webinar for Western Pension & Benefits Council, November 30, 2022, 2:00 - 4:00 PM (EST). - PowerPoint presentation available here
New DOL Proposal Would Allow Fiduciaries to Self-Correct Certain Errors - Citing 11/22/22 Law Alert, PLANSPONSOR, November 28, 2022 (PDF)
DOL’s New ESG Rule ‘Unremarkable’ - Marcia Wagner, Forbes, November 23, 2022 (PDF)
The IRS has released Notice 2022-59 to announce the “applicable dollar amount” for the Patient-Centered Outcomes Research Institute (“PCORI”) fee for plan years ending before October 1, 2023. Background. The PCORI was established under the Affordable Care Act to...
In 2002, the Employee Benefits Security Administration (“EBSA”) of the Department of Labor (“DOL”) established the Voluntary Fiduciary Correction Program (“VFCP”), a free program designed to encourage plan fiduciaries to voluntarily correct certain fiduciary breaches...
House Republicans Vow To Immediately Repeal Funding For 87,000 IRS Agents - Marcia Wagner, Financial Advisor Magazine, November 18, 2022 (PDF)
One of the basic rules under which cafeteria plans operate is that elections are irrevocable except in certain limited circumstances. Further, even when those limited circumstances apply, the change in election must be consistent with the change in status. Legislative...
During the pandemic, Congress allowed telehealth services to be provided to HSA-eligible individuals without cost-sharing and without regard to whether they had met their deductibles under their High Deductible Health Plans. That authorization expired December 31,...
Historically, an important element of compliance for tax-qualified plans under Code Section 401(a) or 403(a) was the submission of a request for a favorable determination letter on the form of the plan document. Indeed, requesting a favorable plan determination was...
Why the Crypto Collapse Matters - Marcia Wagner, New York Times, November 17, 2022 (PDF)
The IRS has issued final regulations amending the Affordable Care Act (“ACA”) rules regarding eligibility for the law’s premium tax credit (“PTC”). The new rules provide that the “affordability” of employer-sponsored coverage for employees’ family members is based on...
An Alabama district court, in Howard v. Ivy Creek of Tallapoosa, LLC, has held that an employer could not avoid liability for failing to provide a COBRA election notice to a plan participant at the correct address merely because it had contracted with a third-party...
Dealing with Difficult Employees - David Gabor and Katherine Brustowicz, The Wagner Law Group Free Webinar, December 14, 2022, 1:00 PM (EST). CLICK HERE FOR RECORDING Georgina has been having problems with two employees she manages on her team. Both employees have...
Arbitration of ERISA Plan Disputes - Jordan Mamorsky and Barry Salkin, Lexis Nexis Practical Guidance® Practice Note, November 2022
Does It Ever Make Sense To Borrow From Your 401(k)? - Marcia Wagner, Forbes, November 7, 2022 (PDF)
Don't Let ROBS Steal Your Retirement - Marcia Wagner, Forbes, November 3, 2022 (PDF)
The Wagner Law Group Ranked “Tier 1” ERISA and Employee Benefits Law Firm for 2023 - November 3, 2023
SEC’s Proposed Outsourcing Rule Could Be Hardest on Small Advisers - Marcia Wagner, PLANADVISER, November 2, 2022 (PDF)
Pension Investing and Climate Change - Israel Goldowitz, Presenter, 12th Annual Employee Benefits and Social Insurance Conference Boston University School of Law, November 4 - 5, 2022, Boston, MA - View PoerPoint Presentation Here
How To Use Your 401(k) Funds To Start A Business - Marcia Wagner, Forbes, November 1, 2022 (PDF)
The Tenth Circuit Court of Appeals, in Parker v. United Airlines, Inc., has held that the “cat’s paw” theory of liability for FMLA retaliation or interference claims does not apply if the employer conducts an independent review of the evidence when making a final...
If You Give Rollover Advice to IRA Owners Act Now: The Compliance Deadline Has Passed - Marcia S. Wagner and Kim Shaw Elliott, Investment & Wealth Institute, September/October 2022
Delaware Law Expands Access to Retirement Plans - Marcia S. Wagner, SHRM, October 28, 2022 (PDF)
Top 100 Women-Led Businesses in Massachusetts - Boston Globe, October 28, 2022 (PDF)
Recent Successful Challenges to IRS Actions and Positions - Barry Salkin, New York University 2022 Review of Employee Benefits and Executive Compensation
The IRS has released Revenue Procedure 2022-38, which sets forth the 2023 inflation-adjusted limits for certain employee welfare benefit plans and the dollar amounts used for certain discrimination tests. Health Flexible Spending Accounts (“FSAs”). The 2023 limit for...
By Jon Schultze and Barry Salkin The SECURE Act made significant revisions to the required minimum distribution rules under Internal Revenue Code (“Code”) Section 401(a)(9) that apply to defined contribution and 403(b) plans, individual retirement accounts and...
By Roberta Casper Watson, Dannae Delano and Barry Salkin It should come as no surprise that most Americans do not have the information available to them that is necessary to make informed decisions about their medical care that includes the cost of the considered...
By Ari Sonneberg The Internal Revenue Service announced cost-of-living adjustments affecting certain dollar limitations for pension plans and other retirement-related limitations for 2023 in Notice 2022-55. The following chart details 2023 retirement plan dollar...
An Illinois federal district court, in Earl v. Jewel Food Stores, Inc., has concluded that an employer failed to show it made a good faith effort to provide a COBRA election notice to a terminated employee. Law. Under COBRA, when a qualifying event occurs, such as...
Should The SEC Ban ESG Funds? - Marcia Wagner, Forbes, October 12, 2022 (PDF)
The U.S. Court of Appeals for the First Circuit has ruled, in Shields v. United of Omaha, that an insurer must make a coverage determination for a plan participant within a reasonable period of time after it began accepting premiums. Law. ERISA assigns to a fiduciary...
The Eleventh Circuit Court of Appeals, in Stewart v. Hartford Life & Accident Insurance Company, has upheld a lower court’s decision to deny a plaintiff’s appeal for long-term disability (“LTD”) benefits, ruling that the LTD insurer’s conclusions, while...
Financial Advisors Vote for The Wagner Law Group as the Best ERISA Law Firm for 2022 - The Wagner Law Group Press Release, October 3, 2022
Pension Issues in Restructuring and Bankruptcy - Israel Goldowitz, Panelist, 21st Annual Advance Restructuring & Plan of Reorganization Conference, November 14, 2022, New York, NY
Working With the PBGC - Israel Goldowitz, Panelist, Conference of Consulting Actuaries 2022 Annual Meeting, October 16 - 19, 2022, Austin, TX
RECORDING AVAILABLE HERE Every year, the Department of Labor (DOL) and the Internal Revenue Service (IRS) perform thousands of audits on employee benefit retirement plans. Even under the best conditions, these audits can be stressful and time consuming for an...
The Ninth Circuit Court of Appeals, in Kay v. Hartford Life and Accident Insurance Company, has reversed a lower court’s decision upholding an insurer’s termination of long-term disability (“LTD”) benefits after concluding that the “district court abused its...
IRS Announces New Pre-Audit Compliance Pilot Program - Marcia Wagner, 401(k) Advisor, September 2022
Making Lemonade of Legal Lemons, New Wave of ERISA Class Actions Accuse Fiduciaries of 'Imprudently' Using Low-Fee, High-Rated Funds, Like BlackRock TDFs - Ari Sonneberg, RIABiz, September 22, 2022 (PDF)
A Texas federal district court, in Braidwood Management, Inc. v. Becerra, has held that the Affordable Care Act’s (“ACA’s”) requirement that most group health plans and health insurers cover certain recommended preventive services without cost-sharing violates the...
Conflicting Rulings Prompt Call for ERISA Guidance - Jordan Mamorsky, Pensions & Investments, September 19, 2022 (PDF)
Challenging Unemployment Compensation Benefits: When Is It Worth It? - Katherine Brustowicz, SHRM, September 16, 2022 (PDF)
Plan sponsors of large employee benefit pension plans are familiar with the requirement of audited financial statements for annual reporting purposes. That requirement is discussed in the DOL’s 2018 guidebook “Selecting an Auditor for Your Employee Benefit Plan,” and...
Some Nonfiduciary Liabilty Issues After Harris Trust - Barry Salkin, Bloomberg Tax, Tax Management Compensation Planning Journal, September 2022
The Sixth Circuit Court of Appeals, in American Electric Power Service Corporation v. John K. Fitch et al., has affirmed a district court’s dismissal of a group health plan’s ERISA action seeking settlement proceeds from a wrongful death lawsuit involving a...
By Mark Poerio Tight labor markets tend to sharpen loyalty issues, as employers compete for an edge by which to retain — and motivate — their key employees. It does not take rocket science to defuse the temptation posed by greener pastures. But it takes action. Simple...
Evaluating ARPA’s Impact, 1 Year Later - Harold Ashner, PLANSPONSOR, September 1, 2022 (PDF)
The Eleventh Circuit Court of Appeals, in Bakos v. Unum Life Insurance Company of America, has upheld the dismissal of a lawsuit for wrongful denial of long-term disability (“LTD”) benefits because the lawsuit was time-barred by a provision in the LTD policy. In...
How to Avoid Mistakes in Estate Planning - Marcia Wagner, fiftyplus advocate, August 28, 2022 (PDF)
Fiduciary Risk Management and Liability-Driven 401(k) Plan Design - Marcia Wagner and Barry Salkin, InvestSense, August 28, 2022 (PDF)
Should You Use The Roth Retirement Savings Option? - Marcia Wagner, Forbes, August 27, 2022 (PDF)
Interaction Between FMLA and Mental Health Conditions - Marcia Wagner, 401(k) Advisor, July/August 2022
By Danae Delano, Roberta Watson and Barry Salkin Last November, we published a law alert regarding the first two rounds of regulatory guidance on the No Surprise Billing portion of the Consolidated Appropriations Act, 2021 (the “CAA”). Since that date, separate...
RIA wildfire erupted on Twitter after Clarence Thomas put same-sex marriage on conservative hit list with 'Roe v. Wade’ - Ari Sonneberg, RIABiz, August 25, 2022 (PDF)
A Guide to the SEC’s Reg BI Bulletins - Stephen Wilkes and Seth Gaudreau, PLANADVISER, August 25, 2022 (PDF)
Boston, MA, August 18, 2022 – The Wagner Law Group, widely recognized as the country’s top ERISA and employee benefits law firm, is delighted to announce that Marcia Wagner, the firm’s founder and Managing Partner, has been appointed to the Massachusetts Advisory...
By Stephen Wilkes and Seth Gaudreau The U.S. Securities and Exchange Commission (“SEC”) recently published a Staff Bulletin (the “Bulletin”) providing further fiduciary standards guidance for broker-dealers and investment advisers under Regulation Best Interest (“Reg...
A federal district court in the Middle District of Tennessee has held, in Insurance Company of America, that a long-term disability (“LTD”) policy offered under an employer’s group health plan was subject to ERISA despite the fact that the premiums for the LTD...
Labor Opinions Are Fair Game for Litigation After Circuit Ruling - Roberta Watson, Bloomberg Law, August 19, 2022 (PDF)
Boston, MA, August 18, 2022 – The Wagner Law Group, widely recognized as the country’s top ERISA and employee benefits law firm, is delighted to announce that nine of its attorneys will be recognized as Best Lawyers® in the area of Employee Benefits (ERISA) Law in...
McDonald’s Settles Lawsuit Over Deficient COBRA Notices - SHRM, August, 17. 2022 (PDF)
On August 16, 2022, President Biden signed into law the Inflation Reduction Act (“IRA”). The new legislation contains several provisions impacting group health plans. Below is a description of some of the key changes that will be implemented in the wake of the IRA’s...
By Dannae Delano, Roberta Casper Watson and Barry Salkin Section 1557 of the Affordable Care Act (“ACA”) prohibits discrimination on the basis of race, color, national origin, sex, age or disability in a health program or activity receiving federal financial...
The Internal Revenue Service has issued Revenue Procedure 2022-34 to implement the 2023 index adjustments for certain Affordable Care Act (“ACA”) contribution percentages used to determine affordability under the law’s employer shared responsibility mandate....
Cetera Preps Advisors to Reap Benefits of New SEC Marketing Rule - Financial Advisor IQ, August 11, 2022 (PDF)
One of the most frequently used of the prohibited transaction class exemptions is Prohibited Transaction Class Exemption 84-14, which provides an exemption for Qualified Plan Asset Managers (the QPAM exemption). The QPAM exemption permits, subject to conditions, plan...
The Department of Labor, Department of Health and Human Services, and the IRS (the “Agencies” ) have issued Frequently Asked Questions 54 (“FAQs”) regarding the contraception coverage requirements for group health plans under the Affordable Care Act (“ACA”)....
SEC Marketing Rule: New Engagement Tools but More Red Tape - Financial Advisor IQ, August 2, 2022 (PDF)
Fiduciary Compliance in ESOP Transactions: Recent DOL Settlement Agreements and Best Practices for Counsel - Roberta Casper Watson, Strafford live CLE webnar, August 4, 2022, 1:00 - 2:30 M (EDT) - Click here for details and registration
Overturning Roe v. Wade: Impact on Employee Benefit Plans and Next Steps for Plan Sponsors and Administrators - Roberta Casper Watson, panelist, Strafford webinar, September 7, 2022, 1:00 - 2:30 PM (EDT) - Click here for details and registration
Crypto in 401(k) Plans: a Plaintiff Lawyer’s Dream? - Thomas E. Clark, Jr., National Association of Plan Advisors, July 28, 2022 (PDF)
The U.S. Court of Appeals for the Fourth Circuit, in Bellon v. The PPG Employee Life, has ruled that an employer cannot terminate retiree life insurance coverage of employees for whom it had previously vested this coverage through plan provisions. Facts. The...
Legislative Landscape — What's Ahead - Tom Clark, co-panelist, 2022 National Association of Plan Advisors D.C. Fly-In Forum, Washington, D.C., July 26, 2022 - Click here for details
By Katherine Brustowicz, David Gabor, Virginia Peabody I. Maine – Mandatory Vacation Payout Upon Separation from Employment Maine will follow Massachusetts’ lead in implementing mandatory vacation payout upon employment separation. An amendment to the State of...
Retirement Industry People Moves - PLANSPONSOR, July 22, 2022 (PDF)
4 Cybersecurity Breach Suits Benefits Lawyers Should Watch - Law360, July 22, 2022 (PDF)
By Dannae Delano and Israel Goldowitz On July 8, 2022, the Pension Benefit Guaranty Corporation (“PBGC”) issued its Final Rule (the “Final Rule”) implementing the American Rescue Plan Act of 2021 (“ARPA”) provisions for special financial assistance (“SFA”) to failing...
"Lawyers Who Care" Podcast - Regina Mandl interviewed, July 14, 2022
Marilyn Mosby’s Expert Witness in Criminal Trial Previously Described Her Actions as ‘Quite Dumb’ - Marcia Wagner, The Baltimore Sun, Jluy 18, 2022 (PDF)
Boom, Boom, Boom, Charles Schwab Corp. Just Spent $220 Million to Shuck Three Lawsuits - Ari Sonneberg, RIABiz, July 18, 2022 (PDF)
It has been almost four months since the Employee Benefit Security Administration (EBSA) of the Department of Labor (“DOL”) published its proposed amendments to regulations for the procedures by which applications for class and individual prohibited transaction...
In response to the Supreme Court ruling in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, the U.S. Department of Health and Human Services (“HHS”) has issued new HIPAA guidance to help protect patients and their providers with respect to...
Employer Responses to Overturning of Roe v. Wade - Roberta Casper Watson and Dannae Delano, LexisNexis Practical Guidance, July 11, 2022
Massachusetts and Vanguard Group Reach Interesting Settlement that Gives the $8-trillion Manager a Shot at Avoiding 49 copycat Suits - Ari Sonneberg, RIZBiz, July 8, 2022 (PDF)
UBS, Edward Jones And Others Keep Mum About Covering Abortion Travel Costs - Roberta Watson, ADVISORHUB, July 7, 2022 (PDF)
The IRS has recently updated its Questions and Answers on Employer Shared Responsibility Provisions under the Affordable Care Act to reflect 2022 indexing adjustments for the ACA’s affordability threshold and employer shared responsibility penalties (“ESRPs”)....
Mandated Benefits: 2022 Compliance Guide Mid-Year Update – Katherine Brustowicz, Dannae Delano, David Gabor, Virginia Peabody, Barry Salkin, Marcia Wagner and Roberta Casper Watson, Wolters Kluwer, July 2022
Asset Managers Affirm They'll Pay for Travel - Marcia Wagner, Pensions & Investments, July 4, 2022 (PDF)
Cryptocurrency Trading Risks and Risk Mitigation Strategies for ERISA Plan Investors - Marcia S. Wagner, Mark Greenstein and John Sohn, Bloomberg Law Compensation Planning Journal, July 1, 2022 (PDF)
Grayscale Investments is Suing the SEC to Get its ETF Approved but Bitcoin's Swoon Means 'Public Sympathy' May Swing in Favor of the Regulator, a Rules Lawyer Says - RIABiz, July 1, 2022 (PDF)
Employers Providing Abortion Benefits Should Address Compliance Questions - Roberta Watson, SHRM, June 29, 2022 (PDF)
Many employers are considering how to respond to the recent ruling overturning Roe v. Wade, which has given states the leeway to outlaw abortion. Employers may have employees who are on either side – or both sides – of the politics of the issue. Employer plans may...
ERISA Considerations in Using Brokerage Window Investing - Marcia Wagner, 401(k) Advisor, May/June 2022
The Second Circuit Court of Appeals, in McQuillin v. Hartford Life & Accident Ins. Co., has ruled that a claimant exhausted his plan’s administrative remedies and was, therefore, entitled to sue under ERISA, because the plan failed to make a final benefit...
Navigating the Interplay Between Leave Laws: A Focus on the FMLA and ADA Successfully navigating the intersection of leave laws, particularly with respect to FMLA and ADA leave, is a daunting challenge for employers, regardless of their industry. Our interactive...
NYU's Victory in ERISA Battle Hinged on Expert Witnesses - Marcia Wagner, Law360, June 16, 2022 (PDF)
In two recent cases, a judge in the United States District Court for the District of Utah has ruled that, if an ERISA welfare benefit plan sets a time limit on when a claimant may file a civil action after receiving an adverse benefit determination, that time limit...
While most of the attention was on how the IRS’s proposed regulation would address tax-qualified defined contribution plans and IRAs, the IRS also took the opportunity to update the existing regulations for tax-qualified defined benefit plans. One such issue is the...
Understanding the IRS’ New Pre-Audit Letter Program - Dannae Delano, PLANSPONSOR, June 13, 2022 (PDF)
Significant New Corrections Opportunities Stem From IRS Program - Dannae Delano, PLANADVISER, June 13, 2022 (PDF)
The United States Court of Appeals for the Seventh Circuit, in Ziccarelli vs. Dart, has ruled that an employer need not deny FMLA leave to an employee in order to interfere with his FMLA rights. Law. The FMLA allows eligible employees to take protected leave for,...
Companies Urged to Review Abortion Coverage With Roe in Balance - Roberta Watson, Bloomberg, News, June 8, 2022 (PDF)
IRS Announces ‘Pre-Audit’ Retirement Plan Pilot Program - Dannae Delano, 401(k) Specialist, June 7, 2022 (PDF)
Last week, the IRS announced via newsletter a new pre-audit compliance opportunity for employer-sponsored retirement plans selected for audit beginning immediately (the “Pilot Program”). Under the Pilot Program, the IRS will send an initial letter to plan sponsors...
Important Pension Issues Likely to Surface - Israel Goldowitz and Stephen Wilkes, panelists, American Bankruptcy Institute webinar, June 13, 2022 - Click here for details
DOL Proposes Tougher Prohibited Transaction Exemption Procedures - Stephen Wilkes and Mark Greenstein, Bloomberg Tax, June 6, 2022 (PDF)
The Democratization of Alternative Investments in 401(k) Plans - Thomas Clark, Jr., Lord Abbett, June 6, 2022 (PDF)
401(k)s with Bitcoin Should Expect Lawsuits: Lawyers - Mark Greenstein, Ignites, June 2, 2022 (PDF)
“Investors Flood into Fidelity’s Bitcoin Fund” – Mark Greenstein, Ignites, June 2, 2022 (PDF)
The Department of Labor (“DOL”) has released Fact Sheet 280 (“Fact Sheet”) and a series of FAQs with regards to the interplay between the FMLA and mental health conditions. Law. Under the FMLA, certain employers must provide eligible employees with up to 12 weeks of...
Accident and the Presumption Against Suicide Under ERISA - Barry Salkin, Benefits Law Journal, Summer 2022, Vol. 35, No. 2 (PDF)
The Wagner Law Group Comment Letter to DOL Regarding New Rules for Prohibited Transaction Exemption Application Procedures - May 31, 2022
The IRS has issued Notice 2022-28 (the “Notice”) to explain the tax treatment of employer leave-based donation programs to aid the people of Ukraine. The Notice begins by stating that the “invasion of Ukraine by the Russian Federation beginning on February 24, 2022,...
Retirement Bill Eyeing ERISA Arbitration Ban Stirs Strong Reaction - PLANSPONSOR, May 24, 2022 (PDF)
Work Product in ERISA Context – Barry Salkin, Benefits Law Journal, Spring 2022, Vol. 35, No. 1 (PDF)
Fiduciary Laws Pension Trustees Should Know - Marcia Wagner, speaker, National Conference on Public Employee Retirement Systems Annual Conference & Exhibition, May 22, 2022 - More details here - PowerPoint presentation here
4 Takeaways As DOL Mulls Climate Risk For Retirees – Law360, May 20, 2022 (PDF)
In Jones v. Wireless Time of Alabama, the U.S. District Court, Southern District of Alabama ruled that an employee was not entitled to FMLA leave despite the fact that her employer referred to the FMLA in its employee handbook. Facts. An employee who had been...
The Eighth Circuit Court of Appeals, in Skelton v. Radisson Hotel Bloomington, has upheld a district court’s decision that an insurer acted as a fiduciary in determining eligibility and conducting enrollment for an employer’s supplemental life insurance program, and...
Retirement Industry People Moves – John Sohn, PLANSPONSOR, May 6, 2022 (PDF)
Elizabeth Warren Taken to Task by Experts for ‘Misplaced,’ ‘Misinformed’ and Ultimately Toothless Letter to Fidelity’s Abby Johnson, Criticizing Firm’s New Bitcoin-Inclusive 401(k) Menus – Marcia Wagner, RIABiz, May 6, 2022 (PDF)
Are You Ready for the SEC’s New Marketing Rule? – Seth Gaudreau and Steve Wilkes, National Association of Plan Advisors (NAPA), May 6, 2022 (PDF)
SEC Marketing Rule Insights By Seth Gadreau and Stephen Wilkes With the U.S. Securities and Exchange Commission (“SEC”) November 4, 2022, date for full compliance with its “Marketing Rule” (found here) approaching, firms need to be working towards updating their...
November SEC Advertising Rule Compliance Date Fast Approaching – Seth Gaudreau and Steve Wilkes, PLANADVISER, May 5, 2022 (PDF)
In Hughes v. Northwestern University, 142 S.Ct. 737 (January 24, 2022), the Supreme Court held that fiduciaries to self-directed defined contribution retirement savings plans are responsible for determining the prudence of all investment alternatives offered on a...
Would A Brokerage Window Limit An ERISA Plan’s Fiduciary Risk? – Barry Salkin and Mark Greenstein, Financial Advisor Mag, May 4, 2022 (PDF)
The IRS has announced the cost-of living adjustments to the applicable dollar limits for health savings accounts (“HSAs”), high deductible health plans (“HDHPs”) and excepted benefit health reimbursement arrangements (“HRAs”). By law, these limits are indexed...
Wagner Law Lures ERISA Expert Back From BNY Mellon – John Sohn, Law360 May 3, 2022 (PDF)
Attorney John Sohn Returns to The Wagner Law Group - May 2, 2022 Law News Torday; Finance Industry Today; Massachusetts Business Journal; BenefitsLink
Employers Cautioned as Suits Over COBRA Coverage Notices Add Up – Roberta Watson, Bloomberg News, April 29, 2022 (PDF)
IRS Announces Spike in 2023 Limits for HSAs and High-Deductible Health Plans – SHRM, April 29, 2022 (PDF)
By: Stephen P. Wilkes, Partner; Mark Greenstein, Of Counsel DOL PROPOSES TOUGHER PROHIBITED TRANSACTION EXEMPTION PROCEDURES LAW The Employee Retirement Income Security Act of 1974, as amended (“ERISA”), was enacted in part to protect the retirement savings of...
The Sixth Circuit Court of Appeals, in Chelf v. Prudential Insurance Company of America, has determined that a district court erred in dismissing a claim for breach of fiduciary duty based on ERISA’s “ministerial function” exception. Specifically, the Sixth Circuit...
Wagner Law Group Legal Opinion of RightBridge Form 5500 Fee Methodology – CaiptalROCK, April 26, 2022
Plain, Ordinary Meaning v. Literal Meaning – Barry Salkin, Journal of Deferred Compensation and Benefits: Nonqualified Plans and Deferred Compensation, Vol. 27, n0. 3, Spring 2022 (PDF)
When agencies take controversial regulatory actions, it can be anticipated that those actions will be challenged in federal district courts as soon as they become operative, if not before. In other instances, a challenge to agency action will be unexpected, as was a...
The Fight to Protect Consumers Against Bad Investment Advice is Advancing, But Slowly – Marcia Wagner, CNBC, April 16, 2022 (PDF)
The IRS has issued a proposal that would amend the existing Affordable Care Act (“ACA”) regulations regarding eligibility for the law’s premium tax credit (“PTC”) to provide that the affordability of employer-sponsored minimum essential coverage for family members of...
The SECURE Act (the “Act”) made two major changes to the required minimum distribution rules under Internal Revenue Code (“Code”) Section 401(a)(9): it extended the required beginning date for distributions from age 70-1/2 to age 72, other than distributions from...
On March 28, 2022, the IRS issued a notice of proposed rulemaking to add a new section - 26 CFR section 1.413-3 Special Rules for Section 413(e) Plans - to the Code of Federal Regulations (CFR). 87 Federal Register 17225 (March 28, 2022). The proposal provides...
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The Department of Health and Human Services (“HHS”) has published updated civil penalties. The new penalty amounts, which became effective March 17, 2022, apply to violations occurring on or after November 5, 2021 and are based on an annual inflation factor of...
Grayscale CEO’s Threatened Lawsuit Against the SEC, in Case it Rejects His Firm’s Spot-Bitcoin ETF Application – Ari Sonneberg, RIABiz, April 1, 2022 (PDF)
Rhode Island Employment Law 2022: Key Leave Issues, Common Discrimination Claims, Independent Contractors, and More National Business Institute (NBI) Live Online Seminar May 26, 2022 David Gabor and Katherine Brustowicz Click here for details Use Promo...
Forthcoming Developments and Employee Benefits - Marcia Wagner, RightBRIDGE Summit, sponsored by CapitalROCK, March 24, 2022 - PowerPoint presentation available here
Massachusetts, Pennsylvania and New Jersey Taxpayers Beware: Don’t Let a Mismatch between Your State’s Tax Laws and the Federal Rules for Deducting Contributions Result in Overpaying Your State Tax on Retirement Distributions. Recordkeeping and Professional Advice...
Recent Developments in Estate Planning, Trust and Estate Administration, and Fiduciary Litigation - Christopher Suh, panelist, Massachusetts Continuing Legal Education (MCLE) 23rd Annual Estate Planning Conference 2022, April 26, 2022 - Click here for details
The Seventh Circuit Court of Appeals, in Anderson v. Nations Lending Corporation, has ruled that an employer’s decision to terminate an employee after returning from FMLA leave did not violate the FMLA because the employee would have been terminated for job...
The Ninth Circuit Court of Appeals, in Alves v. Hewlett-Packard Comprehensive Benefits Plan, has found that a welfare benefit plan’s claims administrator did not abuse its discretion in denying a participant’s claim for long-term disability (“LTD”) benefits because...
ERISA Considerations In Using Brokerage Window Investing - Law360, March 10, 2022 (PDF)
Reasoning that “the COVID-19 pandemic continues to cause significant risk to the public health and safety of the Nation,” President Biden has extended the COVID-19 National Emergency, which was declared on March 13, 2020, and was scheduled to end March 1, 2022. This...
People on the Move: International Women’s Month – Marcia Wagnr, Boston Business Journal, March 8, 2022 (PDF)
People on the Move: International Women’s Month – Boston Business Journal, March 8, 2022 (PDF)
Alternative Investments in Participant Directed Individual Account Plans: The Treatment of Private Equity Sleeves - Co-author, Bloomberg Tax Management Compensation Planning Journal, 50 CPJ Issue No. 03, March 4, 2022
The U.S. Court of Appeals for the Eighth Circuit, in Whittington v. Tyson Foods, Inc., has concluded that an employer may require recertification of an employee’s need for leave under the Family and Medical Leave Act (“FMLA”) without violating the law where there is a...
Alternative Investments in Participant Directed Individual Account Plans: The Treatment of Private Equity Sleeves – Marcia Wagner and Barry Salkin, Bloomberg Tax Management Compensation Planning Journal, 50 CPJ Issue No. 03, March 4, 2022
On February 7, 2022, the House passed H.R. 4445, three days later the Senate also passed the measure, and President Biden has just signed the bill into law. H.R. 4445, titled Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, will...
The IRS has released the 2021 editions of Publication 502, “Medical and Dental Expenses” and Publication 503, “Child and Dependent Care Expenses.” Publication 502 (“Pub. 502”). Pub. 502 defines “medical expenses,” provides guidance on which medical expenses are...
Retirement Plans: 2022 Opportunities – Marcia Wagner, 401(k) Advisor, February 2022
It has been over 15 years since Congress enacted Internal Revenue Code §409A, and compliance has become generally routine for traditional deferred compensation and other non-qualified plans. Most mistakes tend to arise when no one thinks to involve 409A experts for...
The U.S. District Court of Michigan, in Buford v. General Motors, L.L.C., has concluded that an employer’s conduct violated COBRA election notice requirements and warranted the imposition of statutory penalties for the failure to timely provide a COBRA election...
COVID-19 Long-Haulers May Have Tough Time Getting Long-Term Disability Benefits – Marcia Wagner, SHRM, February 11, 2022 (PDF)
Charles Schwab & Co. registers TD Ameritrade brokers to rep Schwab products and to retain clients who chose to convert to ‘Schwab’ – Ari Sonneberg, RIABiz, February 8, 2022 (PDF)
New Lawsuit in 5th Circuit Challenges Revised DOL Fiduciary Rule – Stephen Wilkes, WealthManagement.com, February 7, 2022 (PDF)
New York is About to Force a Lot of Insurer Salary Data Into the Open – Katherine Brustowicz, Life Annuity Specialist, February 4, 2022
Supreme Court Ruling Could Curtail High-Cost Retirement Plan Options – Marcia Wagner, Barrons, February 4, 2022 (PDF)
In Koch v. Thames Healthcare Group, the United States Court of Appeals for the Sixth Circuit has ruled that an employee may be terminated for violating her employer’s leave policy despite the fact that she may have been eligible for leave under the Family and Medical...
It has been a frequently stated observation that the policy position of the Department of Labor (“DOL”) on pension issues may vary a bit with the party occupying the White House. A recently issued supplemental statement by the DOL regarding its 2020 Information Letter...
Caution Clients Against IRA Asset Class Mistakes – Barry Salkin, PLANADVISER, February, 1, 2022 (PDF)
Hughes v. Northwestern Bottom Line: Harder to Dismiss Cases – Marcia Wagner, 401(k) Specialist, February 1, 2022 (PDF)
View Printable PDF In recent years, the IRS has paid increased attention to what it regards as impermissible uses or operation of individual retirement accounts (“IRAs”). The recent Tax Court case of McNulty v. Commissioner, 157 T.C. No. 10 (November 18, 2021), is an...
Supreme Court Ruling Puts 401(k) Fiduciaries on Guard – Marcia Wagner, SHRM, January 28, 2022 (PDF)
The United States Court of Appeals for the Eighth Circuit has determined, in Roehr v. Sun Life Assurance Co. of Canada, that long term disability (“LTD”) benefits cannot be terminated by an insurer in the absence of significant new evidence. Facts. A plan participant...
The U.S. Securities and Exchange Commission (“SEC”) has focused on cybersecurity under the Biden administration and it is expected to be one of its top priorities for the coming year. The SEC’s enforcement division is poised to focus on how firms handle, report and...
We are very proud to share that our firm now includes 10 Fellows of the prestigious American College of Employee Benefits Counsel. Fellows of the American College of Employee Benefits Counsel (ACEBC®) are selected by the College's Board of Governors from among...
Massachusetts Investigating Sales of Target Date Funds to Retail Investors After Word of Surprise Tax Bills – Marcia Wagner, Financial Planning, January 26, 2022 (PDF)
Cybersecurity A Major SEC Focus in 2022 - Seth Gadreau and Stephen Wilkes, 401(k) Specialist, January 26, 2022 (PDF)
After Supreme Court Ruling, Are TDFs A Ticking Time Bomb Of Fiduciary Liability? – Marcia Wagner, FiduciaryNews, Januaey 25, 2022 (PDF)
We are delighted to announce that partner, Stephen P. Wilkes, has been designated as our firm’s Chief Legal Officer. Excellent leadership structure is vital as our firm continues to grow, and Steve is an outstanding fit for this critical position. Steve is widely...
The Department of Labor, Department of Health and Human Services, and the IRS (the “Agencies”) have issued Frequently Asked Questions #51 (“FAQs”) regarding implementation of the Families First Coronavirus Response Act, and the Coronavirus Aid, Relief, and Economic...
By Roberta Casper Watson, Dannae Delano and Barry Salkin The Consolidated Appropriations Act, 2021 (“CAA”) amended Section 408(b)(2) of ERISA to require that providers of brokerage services or consulting services to group health plans who reasonably expect to receive...
DOL ‘Clarifies’ Guidance on the Bonding Requirements to PEPS and Their Pooled Plan Providers – Marcia Wagner, 401(k) Advisor, January, 2023
RECORDING AVAILABLE BY CLICKING HERE Please join David Gabor and Katherine Brustowicz, with introduction by Marcia S. Wagner, on January 26, 2022, for a one-hour presentation addressing up-to-the-moment developments impacting the employer-employee relationship. This...
We are ecstatic to announce that the entire team from Keightley & Ashner, the nation’s premier PBGC-focused law firm, will be joining our Washington, D.C. office, where partner and former PBGC Chief Counsel Israel Goldowitz is located. Keightley & Ashner’s...
Entire Keightley & Ashner Team to Join The Wagner Group – January 12, 2022 Today in Law; Massachusetts Business Journal; Finance Industry Today; BenefitsLink
By Roberta Casper Watson, Dannae Delano and Barry Salkin New guidance from the Department of Health and Human Services (“HHS”) affirms that Section 1557 of the Affordable Care Act (the “ACA”), by referencing statutes that prohibit discrimination on the basis of race,...
Regina Snow Mandl Named a Massachusetts Trusts and Estates “Go To Lawyer” Click here to read press release Click here to read Massachusetts Lawyers Weekly Trusts and Estates "Go to Lawyers" 2021
Who’s watching the money? – Marcia Wagner, Chicago Business Journal, January 4, 2022 (PDF)
IRS has released Notice 2022-4, which provides the “applicable dollar amount” for the Patient-Centered Outcomes Research Institute (“ PCORI” ) fee for plan years ending before October 1, 2022. Background. PCORI was established under the Affordable Care Act to conduct...
The Seventh Circuit Court of Appeals has ruled, in Feeney v. Unum Life Insurance, that an insurance company need not defer to either a participant’s treating physician or governmental agencies when determining if the participant is entitled to long term disability...
Earlier this week a Federal Court panel revived the Covid-19 emergency temporary standard (ETS). Now, litigation challenging the emergency shot-or-test mandate is making its way to the United States Supreme Court. However, that will not stop the quickly approaching...
Section 204 of Title II of Division BB (“Section 204”) the Consolidated Appropriations Act, 2021 (the “Act”) requires group health plans and health insurance issuers offering group health insurance coverage to annually submit to the Departments of Treasury, Labor, and...
McKinsey's $31-Billion RIA for McKinsey Staffers Pays $18 Million Fine - Ari Sonneberg, RiaBiz, December 22, 2021
Bill Capuzzi Took Apex Near to the Zenith but the SPAC failed to Deliver an IPO Via Blank Check - Ari Sonneberg, RIABiz, December 16, 2021
The Fifth Circuit Court of Appeals has confirmed, in Randolph v. East Baton Rouge Parish School System, that a change in required contributions upon retirement is a COBRA qualifying event. Facts. An employee who contributed $200 per month to participate in her...
Tax Qualified Plans Plan document: Required amendments 401(k) and 403(b) plans – Amendments to comply with the IRS final hardship distribution regulations must be adopted by December 31, 2021 (regardless of plan year end) Defined benefit pension plans - Those...
By Israel Goldowitz Corporate sponsors of defined benefit pension plans may be familiar with the Pension Benefit Guaranty Corporation’s (PBGC) Early Warning program and its Follow-on policy. Under Early Warning, PBGC intervenes when a corporate spinoff or other...
Will the Supreme Court Give Plan Sponsors Any Relief From Excessive Fee Lawsuits? - Ari Sonneberg, PLANSPONSOR, December 13, 2021
EBSA Will Continue to Prioritize Finding Missing Participants - Marcia Wagner, Pensions & Investments, December 13, 2021
The IRS has, in years past, extended deadlines for employer and group health plan ACA reporting. The IRS will not issue extended deadlines for 2021 reporting due in the first quarter of 2022. In lieu of the deadline extension, the IRS has issued new regulations that...
By Jon Schultze Employers and plan sponsors of retirement plans need to be aware of some responsibilities and opportunities that are available as we head into 2022. Adopting a New Plan – Employers can take advantage of extended deadlines under the SECURE Act to adopt...
Biden Fiduciary Definition Moves Could Wrap In Annuities, IRAs - Susan Rees, Bloomberg Law, December 3, 2021
Rollovers In The Crosshairs - Kim Shaw Elliott, InusurnaceNews.net, December 1, 2021
The Centers for Medicare & Medicaid Services (“CMS”) has announced the 2022 premiums, deductibles and coinsurance amounts for the Medicare Part A and Part B programs. Medicare Part A covers inpatient hospital, skilled nursing facility, hospice, inpatient...
By Roberta Casper Watson, Dannae Delano and Barry Salkin The No Surprises Act (“Act”), part of the Consolidated Appropriations Act, 2021, enhances the ACA’s consumer protections by prohibiting balance billing in many situations and limiting out-of-network cost sharing...
As the end of 2021 approaches, employers and plan sponsors of retirement plans need to be aware of their year-end responsibilities and some of the issues they will need to consider going into 2022. Year-end amendments – Plans may need to adopt amendments by December...
The Fiduciary Rule Rides Again - Stephen Wilkes, live complimentary webinar for Foreside, November 10, 2021, 1:00 PM (EST) - Recording available here
Biocom, an employer association for employers in the biotech life sciences based in San Diego, established a health plan for its member employers in 2012. The Beyond Benefits Life Science Association Trust, a multiple employer welfare arrangement or MEWA, helps small...
The IRS has released Revenue Procedures 2021-25, and 2021-45 which set forth the 2022 inflation-adjusted limits for certain employee welfare benefit plans and the dollar amounts used for certain discrimination testing. Health FSAs. The 2022 limit for employee salary...
Department of Labor Action Sends a Message to Plan Fiduciaries & Retirement Committees - 401kTV Discussing November 2, 2021 Law Alert by Jon Schultze, Barry Salkin and Susan Rees, November 16, 2021
Practice Progress: Development of PEPs in 2021 - Susan Rees, PLANADVISER, November 15, 2021
Attorney: DOL's Interpretation of Fiduciary Rule More Expansive Than Ever - Stephen Wilkes, WealthManagement.com, November 10, 2021 (PDF)
The Fifth Circuit Court of Appeals has ruled, in Talasek v. National Oilwell Varco, L.P., that an insurer was not required to pay a supplemental life insurance claim merely because of misrepresentations by the employer that sponsored and administered a group life...
Retirement Plans in Bankruptcy - Thomas Clark, Jr., Israel Goldowitz and Jordan Mamorsky, Thomson Reuters Practical Law, November 5, 2021
Retirement Industry People Moves - Zach Meth, PLANSPONSOR, November 5, 2021 (PDF)
Service Provider Collaboration and the DOL’s Cybersecurity Guidance - Jon Schultze, Susan Rees and Barry Salkin, November 5, 2021 (PDF)
The U.S. Court of Appeals for the Third Circuit has ruled, in Watson v. Drexel University, that an employer may terminate an employee for taking unauthorized leave because it had previously corrected a mistake in its FMLA certification requirements. Facts. An employee...
The Internal Revenue Service announced cost-of-living adjustments affecting certain dollar limitations for pension plans and other retirement-related limitations for 2022 in Notice 2021-61. The following chart details 2022 retirement plan dollar limitation...
Getting Retirement Plan Help From the IRS - Ari Sonneberg, PLANSPONSOR, November 3, 2021
As we explained in our recent Law Alert, the Department of Labor (“DOL”) has become highly focused on the cybersecurity practices of plan sponsors and their service providers and has begun asking comprehensive cybersecurity questions in plan audits. It seems clear the...
Mini Law School for Massachusetts HR Professionals- - David Gabor and Katherine Brustowicz, panelists, National Business Institute live, online, HR-credit and CPE-credit seminar, November 1, 2021, 9:00 AM - 4:30 PM (EDT) - Click here for details and registration
DOL Investigations of Employee Benefit Plans: Responding to Enforcement Actions, Audits, and Settlements - Strafford live CLE webinar, November 10, 2021, 1:00 - 2:30 PM (EST) - Click here for details and registration
Employer-Sponsored Health Plan Federal Regulation: ACA, COBRA, ADA, GINA, CAA, MHPAEA, Reporting Requirements - Roberta Casper Watson and Dannae Delano, panelists, Strafford, live CLE webinar, November 23, 1:00 - 2:30 PM (EST) - Click here for details and registration
How to Legally Handle Bad Egg Employees - Katherine Brustowicz, panelist, National Business Institute live, online, HR-credit seminar, December 22, 2021, 11:00 AM - 6:00 PM (EST) - Register here
DOL Investigations of Employee Benefit Plans: Responding to Enforcement Actions, Audits, and Settlements November 11, 2021
On October 25, the DOL issued a temporary enforcement policy related to Prohibited Transaction Exemption (“PTE”) 2020-02, an exemption for investment advice fiduciaries with respect to employee benefit plans and individual retirement accounts. The exemption became...
RIAs May Face Ticking Time Bomb After SEC Slams a $1.9-billion RIA for Neglecting 'Orphan' Accounts While Charging Fees, a Problem that may be Industrywide - Ari Sonneberg, RIABiz, October 27, 2021
UPDATED October 27, 2021 - Originally published August 13, 2019. There has been a significant new development for employee benefit plan administrators of large plans who opt for a "limited scope audit" by the plan's auditor for Form 5500 reporting of the plan's...
As described in our May 3, 2021 Alert, the Department of Labor’s (“DOL’s") informal guidance left many unanswered questions on cyber breaches involving the theft of assets in a participant’s account, as well as the simple misappropriation of confidential participant...
DOL Drops ‘Bomb’ On Advisors Who Give Advice To IRA Owners - Km Shaw Elliott, InsuranceNewsNet, October 22, 2021
The EEOC has issued Frequently Asked Questions (“FAQs”) on the enforcement of various Equal Employment Opportunity (“EEO”) laws with regard to COVID. These laws include the Americans with Disabilities Act, the Rehabilitation Act, Title VII of the Civil Rights Act, the...
The much-anticipated revised Investment Duties regulation drops ERISA fiduciaries into 21st century investment decision making, freeing fiduciaries to consider all relevant facts and circumstances that could affect an investment’s value, including, as appropriate,...
What Mandatory Auto-Enrollment IRAs Actually Mean - Izzy Goldowitz, Mark Greenstein and Jon Schultze, 401(k) Specialist, October 16, 2021 (PDF)
Merging Global and Local U.S. HR Functions and Outsourcing Initiatives - David Gabor, Lorman HR-credit webinar, October 13, 2021, 1:00 - 2:00 PM (EDT) - Click here for details
New interpretations voiced in the Department of Labor’s (“DOL”) Prohibited Transaction Exemption 2020-02 (the “Investment Advice PTE”) could be a bomb that hits squarely on unwary wealth managers who give investment advice to IRA owners. In the Investment Advice...