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...
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IRS Announces 2026 HSA and HRA Limits
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...
6th Circ. Ruling Shows Toughening On ERISA Fiduciary Suits
6th Circ. Ruling Shows Toughening On ERISA Fiduciary Suits - Andrew Oringer, Law360, May 9, 2025 (PDF)
Important Update to the Federal Independent Contractor Test
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...
Ask the Experts
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
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
How Fiduciary Duty and Cognitive Decline Intersect - Marcia Wagner, PLANSPONSOR, May 1, 2025 (PDF)
ERISA and Bankruptcy: Conflict or Harmony?
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...
Retaining an Independent Fiduciary to Address Prohibited Transactions or Enable Plan Fiduciaries to Appropriately Allocate Risk
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...
Federal District Court Declares Current Regulatory Framework for Assessing Excise Taxes Under the Affordable Care Act’s Employer Mandate is Void and Unenforceable
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”)...
Executive Compensation in Volatile Times: Advice for Privately-held Companies and Their Executives
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...
Popular Benefits-Related Tax Provisions May be Targeted to Raise Revenue for Federal Tax Cuts
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...
Highlights of 2024 PBGC Meeting With ABA’s Joint Committee on Employee Benefits
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...
Florida PBM Audits Ensnare Self-Insured Employer Health Plans
Florida PBM Audits Ensnare Self-Insured Employer Health Plans - Roberta Watson, Bloomberg Law, April 29, 2025 (PDF)
“Good Faith Effort” Not Enough to Protect Employer from Defective COBRA Notice
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...
Jury Slaps Pentegra with $39 Million in Damages in MEP Excessive Fee Suit
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
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
Supreme Court Decision on Prohibited Transactions Will Increase ERISA Lawsuits, DC Plan Costs - Andrew Oringer, Pensions & Investments, April 23, 2025 (PDF)
Reimbursing an Employer for Paying Plan Expenses
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...
DOL Updates Medicaid/CHIP Model Notice
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...
Supreme Court Supports Cornell Participants in ERISA Suit
Supreme Court Supports Cornell Participants in ERISA Suit - Thomas Clark, Jr., 401k Specialist, April 17, 2025 (PDF)
Form I-9: What is It and What’s Changed
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,...
HHS Proposes Reversal on Gender Affirming Care
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...
ACA’s No-Cost Preventive Care Mandate Is Before the Supreme Court – SHRM
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
Wagner Ethics Attorney a Primary Draftsperson of High-Profile Professionalism Report - Andrew Oringer, The Wagner Law Group Press Release, April 3, 2025 (PDF)
ERISA Claims Standards Apply to Exceptions in Employee Benefit Plans
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...
PBGC Attorney Camille Castro Joins The Wagner Law Group’s Washington D.C. Office
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
Dueling Alcoa, Lockheed Pension Decisions Hinge on Injury Risk - Marcia Wagner, Bloomberg Law, April 1, 2025 (PDF)
Cybersecurity: Be Sure to Practice Incident Response
Cybersecurity: Be Sure to Practice Incident Response - Joshua Cook, Regulatory Compliance Watch, March 28, 2025 (PDF)
New FinCEN Rule Exempts Domestic Entities from CTA Reporting Requirements
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...
IRS Issues Guidance on Forms 1095 Requirements
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...
Schwab and Fidelity Halt of BlackRock’s Money-Market Fund ETF Trades Was No Shock
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
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
Bank of America-Nemesis Lawyer Files Class Action — Again — Over Vanguard $100 ‘Junk Fee’
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
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
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
The Unprecedented and Once 'Unthinkable' State Street-Apollo ETF Rollout is Still Setting Off Alarm Bells - Ari Sonneberg, RIABiz, March 14, 2025 (PDF)
DOL Announces Indexed Penalties for Health and Welfare Plans
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...
Retirement Income Product Landscape
Retirement Income Product Landscape - Marcia Wagner, speaker, PLANSPONSOR 2025 National Conference, Chicago, IL, June 3 - 6, 2025 - Click here for details
Patients Target Insurers in Suits Over Flawed Doctor Directories
Patients Target Insurers in Suits Over Flawed Doctor Directories - Roberta Casper Watson, Bloomberg Law, March 13, 2025 (PDF)
Court Must Consider All Employment Factors in Making Disability Determination
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...
Understanding Your Summary Plan Descriptions
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?
Is Investment Performance a Fiduciary Duty? - Marcia Wagner, PLANSPONSOR, March 3, 2025 (PDF)
Corporate Transparency Act Beneficial Ownership Interest Reporting: Game Off…for the Moment
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...
An ERISA Journey for ESG Via American Airlines by Way of Utah?
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...
Retirement Industry People Moves
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
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...
Recent Laws Reduce Employer Reporting and Disclosure Requirements
Recent Laws Reduce Employer Reporting and Disclosure Requirements - Marcia Wagner, 401(k) Advisor, February, 2025
5 Argument Sessions Benefits Attys Should Watch in March
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
Amy Glynn Named New President at Viking Cove Institute - Marcia Wagner, 401(k) Specialist, February 27, 2025 (PDF)
Employer Bound By Its Own Plan Provisions
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...
Attorney Joni Andrioff Joins The Wagner Law Group’s Washington D.C. Office
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
Trump May Restrict Certain Institutional Investments in China - Andrew Oringer, Pensions & Investments, February 24, 2025 (PDF)
BlackRock Rattles Giant Saber at Schwab and Fidelity
BlackRock Rattles Giant Saber at Schwab and Fidelity - Ari Sonneberg, RIABiz, February 21, 2025 (PDF)
Advisory Firms’ DEI Programs May Be Scrutinized
Advisory Firms’ DEI Programs May Be Scrutinized - Katherine Bustowitz, Denise Chicoine and David Gabor, Rethinking65, February 21, 2025 (PDF)
FinCEN Issues New CTA Beneficial Ownership Reporting Deadline After Court Lifts Nationwide Injunction
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...
The Unclean Hands and In Pari Delicto Doctrines
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
Ex-Merrill Lynch 'Smoothie' Broker Loses Big in FINRA Arbitration - Ari Sonneberg, RIABiz, February 13, 2025 (PDF)
DOL Explains Interaction Between FMLA and Paid State Leave
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...
Cybersecurity: Form a Foundation of Trust
Cybersecurity: Form a Foundation of Trust - Joshua Cook, American Society of Pension Professionals & Actuaries (ASPAA), February 10, 2025 (PDF)
Trump Mandates 10 Old Regulations Cut Per New One
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
Wagner Law Scoops Up Benefits Expert From Paul Hastings - Eric Keller, Law360, February 5, 2025 (PDF)
A Sampling of Compensation and Other Strategies for Small Businesses in a World of Big Changes
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...
Trump Executive Order Means Any New DOL Regulation Requires Elimination of 10 Existing Ones
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
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 Expands its Washington D.C. Office with the Addition of Eric Keller - The Wagner Law Group Press Release, February 3, 2024 (PDF)
Tax Treatment of State Family and Medical Leave Laws
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...
Court’s ESG Ruling Puts Pressure on Managers of 401(k) Plans
Court’s ESG Ruling Puts Pressure on Managers of 401(k) Plans - Marcia Wagner, AdvisorHub by Bloomberg, January 29, 2025 (PDF)
McKinsey Suddenly Puts its Secretive $23-Billion RIA Under ‘Strategic Review’ with M&A Shop
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’
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?
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,...
Report on Recommendations of the New York State Bar Association Committee on Attorney Professionalism
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...
Corporate Transparency Act Litigation Continues to Induce Whiplash
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...
House Committee on Education and Workforce Re-Issues Request to Investigate EBSA ‘Power Abuse’
House Committee on Education and Workforce Re-Issues Request to Investigate EBSA ‘Power Abuse’ - Andrew Oringer, PLANPONSOR, January 23, 2025 (PDF)
Unambiguous Plan Document Overrides Employer’s Misrepresentations
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.,...
DOL Updates Voluntary Fiduciary Correction Program
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...
Cornell Case May Be Bellwether For ERISA Transaction Claims
Cornell Case May Be Bellwether For ERISA Transaction Claims - Andrew Oringer, Law360, January 21, 2025 (PDF)
FMLA Leave Rights May Extend to Siblings
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...
Judge’s Ruling in ESG Case Could Spark Chaos for 401(k) Managers
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
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
ERISA Attorneys Fear 'Chilling Effect' of American Airlines 401(k) ESG Ruling - Andrew Oringer, Pensions & Investments, January 13, 2025 (PDF)
HDHP Exception for Telehealth Services Expires
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...
5 Things Executive Pay Attys Should Keep an Eye on in 2025
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
Despite Lawsuits, Schwab Slashes Sweep Yields 89% in Five Months - Ari Sonneberg, RIABiz, January 8, 2025 (PDF)
No Rest for the Weary: Department of Justice asks Supreme Court to Issue a Stay of Nationwide Injunction Against Corporate Transparency Act (CTA)
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...
New Trump Administration Means Big Changes at SEC, DOL
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
5 Cases Benefits Attorneys Should Keep an Eye on in 2025 - Marcia Wagner, Law360, January 1, 2025 (PDF)
New Laws Reduce Employer Reporting and Disclosure Requirements
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...
Best Practices in Legal Practice
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
Pencils Down: Corporate Transparency Act (CTA) Injunction Back in Effect
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...
Fifth Circuit Court of Appeals Lifts Nationwide Preliminary Injunction Against Enforcement of Corporate Transparency Act Pending Ruling on the Merits
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”),...
Fiduciary Rule Proponent Ali Khawar Announces DOL Departure
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
Last-Minute Gift (For A Lifetime) Idea: A Child IRA for Your Kids or Grandkids - Marcia Wagner, Forbes, December 20, 2024 (PDF)
I-9 Compliance and Audits Under Forthcoming Intensified Enforcement: Why Employers Should Act Now
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...
“Serious Health Condition” Must Be Established at Time of Absence
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...
IRS Announces 2025 PCORI Fee
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,...
Exclusive Interview: Marcia Wagner Expands On Retirement Plan Financial Planning White Paper
Exclusive Interview: Marcia Wagner Expands On Retirement Plan Financial Planning White Paper - Marcia Wagner, FiduciaryNews.com, December 10, 2024 (PDF)
Employer Cannot Voluntarily Subject Plan to ERISA
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...
Biden-Era Retirement Rule May be in Jeopardy After Trump Takes Office
Biden-Era Retirement Rule May be in Jeopardy After Trump Takes Office - Andrew Oringer, CNBC, December 5, 2024 (PDF)
Texas District Court Issues Nationwide Preliminary Injunction Against Enforcement of Corporate Transparency Act (CTA)
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....
401(k)s and the Courts in 2025
401(k)s and the Courts in 2025 - Andrew Oringer, planadviser, December 2, 2024 (PDF)
District Courts Decide Motions to Dismiss Forfeiture Complaints
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
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
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
ERISA’s Next 50 Years - Marcia Wagner, 401k Specialist, November 27, 2024 (PDF)
Trump’s Labor Secretary Pick Presents ‘Mixed Bag,’ Retirement Experts Say
Trump's Labor Secretary Pick Presents 'Mixed Bag,' Retirement Experts Say - Andrew Oringer, Pensions & Investments, November 27, 2024 (PDF)
CMS Announces Medicare Part A Deductibles and Part B Premiums for 2025
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...
Election 2024: ERISA and the Proposed New Labor Secretary – Look(ing) for the Union Label?
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...
Trump’s ‘Unusual’ Pick for Secretary of Labor Has More Health Than Retirement Track Record
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)
Claims Processor Is Not ERISA Plan Fiduciary
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...
Executive Compensation 2025 – On the Watch for Things Past as Prologue
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...
Overtime Exemption Update: Judge Vacates DOL Rule Increasing Overtime Salary Threshold
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...
TradePMR Sale to Robinhood Sends Ripples Through the RIA Industry
TradePMR Sale to Robinhood Sends Ripples Through the RIA Industry - Ari Sonneberg, RIABiz, November 19, 2024 (PDF)
Déjà Vu All Over Again – Insecurity for ERISA’s Retirement Security Rule After Trump’s Election?
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...
Capital One Faces Latest 401(k) Forfeiture Lawsuit
Capital One Faces Latest 401(k) Forfeiture Lawsuit - Michael Schloss, PLANSPONSOR, November 18, 2024 (PDF)
Maine Human Resource Law Boot Camp
Maine Human Resource Law Boot Camp - Katherine Brustowicz, presenter, NBI webinar, November 18, 2024 - Click here for details
FinCEN Beneficial Ownership Reporting Requirements Due by Year End for Many Organizations
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...
Current State of Retirement Plan Forfeiture Litigation Subject of Wagner Law Update
Current State of Retirement Plan Forfeiture Litigation Subject of Wagner Law Update - Michael Schloss, 401k Specialist, November 14, 2024 (PDF)
Employee May Take FMLA Leave to Participate in Clinical Trial
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”)...
Update – Recent Developments in Forfeiture Cases
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...
Supreme Court Declines to Review Petition on ERISA Arbitration
Supreme Court Declines to Review Petition on ERISA Arbitration - Lee Polk, PLANSPONSOR, November 12, 2024 (PDF)
Prepare for Upcoming Changes to Retirement Plans for 2025
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...
IRS Releases 2025 Welfare Benefit Plan Limits
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...
5 Ways Trump’s Election Could Change Employee Benefits
5 Ways Trump's Election Could Change Employee Benefits - Andrew Oringer, Law360, November 8, 2024 (PDF)
Retirement Industry People Moves
Retirement Industry People Moves - Joshua Cook, PLANSPONSOR, November 8, 2024 (PDF)
The Wagner Law Group Ranked ‘Tier 1’ ERISA and Employee Benefits Law Firm for 2025
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
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
Another Trump Term May Change Tax Treatment of Retirement Plans - Andrew Oringer, PLANSPONSOR, November 6, 2024 (PDF)
IRS Issues Final Regulations on Non-U.S. Tax Withholding Under Deferred Compensation Plans, IRAs and Commercial Annuities
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...
IRS Announces 2025 Cost-of-Living Adjustments Affecting Retirement Plans
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...
Vivek Ramaswamy $30-Million Venture Launches Wealth RIA – Just Ahead of the Election
Vivek Ramaswamy $30-Million Venture Launches Wealth RIA - Just Ahead of the Election - Ari Sonneberg, RIAbiz, November, 4, 2024 (PDF)
Cybersecurity Attorney Joins the Boston Office of The Wagner Law Group
Cybersecurity Attorney Joins the Boston Office of The Wagner Law Group - Joshua Cook, The Wagner Law Group Press Release, November 4, 2024 (PDF)
IRS Issues Interim Guidance on Matching Contributions Made on Account of Qualified Student Loan Repayments
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
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
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...
Inferences and Specificity in Committee Meetings
Inferences and Specificity in Committee Meetings - Marcia Wagner and Barry Salkin, 401(k) Advisor, September 2024
District Court Denies Motion to Dismiss Complaint for Misapplication of Plan Forfeitures
District Court Denies Motion to Dismiss Complaint for Misapplication of Plan Forfeitures - Marcia Wagner and Michael Schloss, 401(k) Advisor, July/August 2024
Employer May Be Liable for Misrepresenting Life Insurance Conversion Information
Employer May Be Liable for Misrepresenting Life Insurance Conversion Information - Marcia Wagner, 401(k) Advisor, May 2024
Catch-Up Contribution? Good Luck With That. Congressional Snafu Leaves Older Retirement Savers in Limbo
Catch-Up Contribution? Good Luck With That. Congressional Snafu Leaves Older Retirement Savers in Limbo - Marcia Wagner, MarketWatch, January 31, 2023 (PDF)
If You Give Rollover Advice to IRA Owners Act Now: The Compliance Deadline Has Passed
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
Mandatory Arbitration Prohibited for Sexual Harassment Claims
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...
409A Checklist for Employment Agreements
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...
Plans Must Cover Over-the-Counter COVID Tests
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...
Department of Labor Announces Temporary Enforcement Policy for Group Health Plan Service Provider Disclosures
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...
FREE WEBINAR: Top HR & Employment Law Issues for the Coming Year
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...
Entire Keightley & Ashner Team to Join The Wagner Law Group
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...
Executive Compensation in Volatile Times: Advice for Privately-held Companies and Their Executives
Executive Compensation in Volatile Times: Advice for Privately-held Companies and Their Executives - Mark Poerio,The Wagner Law Group webinar, January 20, 2020 - Click here for PowerPoint Presentation
Rabbi Trusts – When to ask. What to get.
By Mark Poerio A recent Law360 headline brought rabbi trusts immediately to mind. It reads "Ex-Manufacturing Co. CEO Says He's Owed $4.4M in Benefits" (4/10/2019).* Litigation sprung because the...