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.ย We might also expect a major increase...
Content Type
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...
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...
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 regarding how to pay for the expected extension of the Tax Cuts and Jobs...
Federal District Court Declares Current Regulatory Framework for Assessing Excise Taxes Under the Affordable Care Actโs 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 (โHHSโ)...
โGood Faith Effortโ 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 โgood faith effortโ to comply with COBRAโs 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)
Juryโs Decision in Pentegra MEP Case Raises Questions About Service Provider Selection
Juryโs 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 Expensesโฏ
Sometimes, it is more efficient for an employer to pay the expenses of a retirement plan rather than the plan paying for them directly.โฏ If the expense paid is otherwise appropriate, the employer...
DOL Updates Medicaid/CHIP Model Notice
The Department of Labor (โDOLโ) 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 Whatโs Changed
by Katherine Brustowicz, Denise Chicoine, David Gabor, Johanna Matloff, or Virginia Peabody (Senior Consultant) The U.S. Citizenship and Immigration Services (โUSCISโ) released a revised Form I-9,...
HHS Proposes Reversal on Gender Affirming Care
On March 19, 2025, the Department of Health and Human Services (โHHSโ) 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 ย - 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 Groupโs Washington D.C. Office
PBGC Attorney Camille Castro Joins The Wagner Law Groupโs 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 Departmentโs Financial Crimes Enforcement Network (โFinCENโ) issued an Interim Final Rule (โRuleโ) 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 (โPBRAโ). Background.ย 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
Attention Employers: EEO-1 Reporting Deadline Approaching
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....
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)
Trumpโs PBGC Head Could Reshape Bailout for Union Pension Plans
Trumpโs 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 (โDOLโ) has released a final rule that provides new figures reflecting the adjusted civil penalty amounts for 2025 for certain health and welfare plan violations.ย 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 claimantโs 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 Offโฆfor 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 (โESGโ) 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 ๏ปฟThe Wagner Law Groupโs Washington D.C. Office
Attorney Joni Andrioff Joins The Wagner Law Groupโs 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 Firmsโ DEI Programs May Be Scrutinized
Advisory Firmsโ 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 Departmentโs 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)
Massachusetts Pay Transparency Law: Key Provisions and Compliance Timeline
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...
DOL Explains Interaction Between FMLA and Paid State Leave
The Department of Labor (โDOLโ) has issued Opinion Letter FMLA2025-01-A on whether the Family and Medical Leave Act (the โFMLAโ) 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)
FAMOUS CHOLLIMA: The Hidden Cyber Threat Lurking Among Your Remote Hires
By Josh Cook Ever since the COVID-19 epidemic popularized offshore remote working conditions, many organizations have learned to embrace these positions. There have been incentives for doing so,...
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)
Delicate Questions in the Hiring Proces
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...
Protecting Your Business Beyond Non-Competes
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-competesโ...
Training Management for Accommodations
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...
Leave & Accommodation Best Practices
Leave & Accommodation Best Practices - Johanna Matloff, Radio Entrepreneurs interview, February 5, 2025 Legal Guidance About Leave & Accommodations We offer in-depth and personalized...
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...
President Trump Issues 10-to-1 Deregulation Executive Order
On January 31, 2025, President Trump signed an executive order (the โOrderโ) designed to drastically reduce the overall amount of federal government regulation on the books.ย The underlying stated...
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...
Courtโs ESG Ruling Puts Pressure on Managers of 401(k) Plans
Courtโs ESG Ruling Puts Pressure on Managers of 401(k) Plans - Marcia Wagner, AdvisorHub by Bloomberg, January 29, 2025 (PDF)
Executive Orders Addressing Diversity, Equity, and Inclusion Initiatives
By Katherine Brustowicz, Denise Chicoine, David Gabor, Johanna Matloff and Virginia Peabody (Senior Consultant) Last week, President Trump signed two executive orders (the โTrump Executive Ordersโ...
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 โPower Abuseโ
Education and Workforce Committee Renews Call to Probe EBSA for Alleged โPower Abuseโ - Andrew Oringer, planaadviser, January 28, 2025 (PDF)
Election 2024:ย ERISA and the Proposed New Labor Secretary: Look(ing) for the Union Label?
Election 2024:ย 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 Attorneyโs 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...
Federal Court Awards $359,000 in FLSA/OSHA Retaliation Case: Lessons Learned for Employers
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...
House Committee on Education and Workforce Re-Issues Request to Investigate EBSA โPower Abuseโ
House Committee on Education and Workforce Re-Issues Request to Investigate EBSA โPower Abuseโ - Andrew Oringer, PLANPONSOR, January 23, 2025 (PDF)
Unambiguous Plan Document Overrides Employerโs 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 โestoppedโ (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)
Employers: Prepare for New Laws and Regulations Under President Trump
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...
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 (โFMLAโ) an employee may be entitled to leave to care for a...
Navigating the Future of Cybersecurity and Privacy with Joshua N. Cook
Navigating the Future of Cybersecurity and Privacy with Joshua N. Cook - The Wagner Law Group Webinar, February 5, 2025, 1:00 - 1:30 PM (EST) Legal Guidance For Cybersecurity If you would like to...
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 (โHDHPโ) exception for telehealth services. Background. Under the Internal Revenue Code (โCodeโ), 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 & Rย 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 (โPBRAโ) and the Employer Reporting Improvement Act (โERIAโ) 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 itย 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 โCourtโ), in response to an emergency appeal by the Department of the Treasury and its Financial Crimes Enforcement Network (โFinCENโ),...
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)
โSerious Health Conditionโ 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 โapplicable dollar amountโ for the Patient-Centered Outcomes Research Institute (โPCORIโ) 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 employerโs attempt to combine its short term disability (โSTDโ) 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 Complaintsย - 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)
ERISAโs Next 50 Years
ERISAโs 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 (โCMSโ) 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...
Trumpโs โUnusualโ Pick for Secretary of Labor Has More Health Than Retirement Track Record
Trumpโs โUnusualโ 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.ย 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)
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 (โCTAโ), 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 Laborโs (โDOLโsโ) 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 (โFMLAโ)...
Update โ Recent Developments in Forfeiture Cases
The Wagner Law Group continues to monitor the recent flood of retirement plan โforfeitureโ 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 โSECURE 2.0โ) made significant changes to retirement plans and how they operate.ย 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 (โIRSโ) 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)
4 Appellate Arguments Benefits Attys Should Watch in Nov.
4 Appellate Arguments Benefits Attys Should Watch in Nov. - Andrew Oringer, Law360, November 1, 2024 (PDF)
IRS Expands Definition of โPreventive Careโ for HDHPs
The IRS has issued Notices 2024-71 and 2024-75 (the โNoticesโ) to expand the definition of โpreventive careโ for high deductible health plans (โHDHPsโ). Law.ย In general, individuals are eligible to...
The Wagner Law Groupโs Washington, D.C. Office: Experience, Savvy, And Leadership
The Wagner Law Groupโs Washington, D.C. Office has continued to grow, adding Michael Schloss, EBSAโs former Director of Enforcement and before that a career ERISA litigator with the Office of the...
The Case for Professional Retirement Plan Fiduciary Services
The Case for Professional Retirement Plan Fiduciary Services - Marcia Wagner, 401kTV, October 31, 2024 (PDF)
Employers are Lagging to Implement IRSโ 401(K) Student Loan Matching Guidelines
Employers are Lagging to Implement IRSโ 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
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
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
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...
2026 ACA Out-of-Pocket Limits
The Centers for Medicare & Medicaid Services (โCMSโ) has announced the proposed maximum out-of-pocket (โOOPโ) limits that will apply to non-grandfathered plans for plan years beginning in 2026.ย ...
How Intense Will the DOL’s Fiduciary Rule Defense Be? It Depends on the Election
How Intense Will the DOL's Fiduciary Rule Defense Be? It Depends on the Election - Marcia Wagner, Pensions & Investments, October 22, 2024 (PDF)
Forfeiture Accounts Hold More Than Nonvested Employer Contributions
The Wagner Law Group continues to monitor the ongoing flood of โforfeitureโ litigation.ย This alert is our seventh reporting on and analyzing the nature of the claims raised by plaintiffs, the...
IRS Provides Guidance on Application of SECURE 2.0 Actโs Coverage of Long-Term, Part-Time Employees
By Jon Schultze and Barry Salkin In Notice 2024-73, the Internal Revenue Service (โIRSโ) issued guidance on the application of certain non-discrimination rules to long-term, part-time employees in...
CMS Issues Medicare Reporting Penalty Rules
The Centers for Medicare & Medicaid Services (โCMSโ) has issued final rules on the penalties imposed when Responsible Reporting Entities (โRREsโ) fail to meet their Medicare as Secondary Payer...
The Wagner Law Group Virtual Lunch & Learn: How to Reduce Employer Risk From Hire To Fire
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...
Argent Trust Co. Petitions for Supreme Court to Provide Guidance on ERISA Arbitration
Argent Trust Co. Petitions for Supreme Court to Provide Guidance on ERISA Arbitration - Lee Polk, PLANSPONSOR, October 14, 2024 (PDF)
Donโt Get Caught Off Guard – What Managers Should Know Before a Request for Leave or an Accommodation is Made
Donโt 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,...
Parties in Pentegra MEP Lawsuit Decline Presence of Advisory Jury at Upcoming Trial
Parties in Pentegra MEP Lawsuit Decline Presence of Advisory Jury at Upcoming Trial - Andrew Oringer, PLANSPONSOR, October 11, 2024 (PDF)
SurpriseโYou Just Missed a PBGC Reportable Events Deadline!
SurpriseโYou 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
Bills to Ban Arbitration Clauses Reappear in House, Senate - Andrew Oringer, PLANSPONSOR, October 9, 2024 (PDF)
Liability Driven Investing โ What You Need to Know Now
Liability Driven Investing โ 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...
Circuit โCrashโ Over Benefit Plan Conflicts Cues High Court Look
Circuit โCrashโ Over Benefit Plan Conflicts Cues High Court Look - Andrew Oringer, Bloomberg Law, October 9, 2024 (PDF)
Court Rules 2023 Budget Bill Not Legally EnactedโWhere Does That Leave SECURE 2.0?
Court Rules 2023 Budget Bill Not Legally EnactedโWhere Does That Leave SECURE 2.0? - Thomas Clark, Jr., National Association of Plan Advisors, October 8, 2024 (PDF)
1st Circ. Eyes Revival Of Welch’s Execs’ Pension Fight
1st Circ. Eyes Revival Of Welch's Execs' Pension Fight - Stephen Rosenberg and Jordan Mamorsky, Law360, October 8, 2024 (PDF)
WIPN Celebration in Boston: 15 Years of Connections That Count
WIPN Celebration in Boston: 15 Years of Connections That Count - Marcia Wagner, panelist, WE Inspire. Promote. Network. (WIPN) 15th Anniversary Celebration,ย October 17, 2024 - Click here for details
Update โ Recent Developments in Forfeiture Cases
The Wagner Law Group continues to monitor the recent flood of โforfeitureโ litigation.ย This alert is our sixth update reporting on and analyzing the nature of the claims raised by plaintiffs, the...
401(k) Student Loan Match Perk Hindered by Employer Hesitation
401(k) Student Loan Match Perk Hindered by Employer Hesitation - Barry Salkin, Bloomberg Law, September 30, 2024 (PDF)
Inferences and Specificity in Committee Meetings
Inferences and Specificity in Committee Meetings - Marcia Wagner and Barry Salkin, 401(k) Advisor, September 2024
CMS Issues Medicare Reporting Penalty Rules
The Centers for Medicare & Medicaid Services (โCMSโ) has issued final rules on the penalties imposed when Responsible Reporting Entities (โRREsโ) fail to meet their Medicare as Secondary Payer...
Federal Judge Who Tossed Stephen Greco’s Sweeping RIA Lawsuit Grants Leave to Refile
Federal Judge Who Tossed Stephen Greco's Sweeping RIA Lawsuit Grants Leave to Refile - Ari Sonneberg, RIABiz, September 27, 2024 (PDF)
ERISA Keynote
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
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
Directed Trustees - Barry Salkin, Wolters Kluwer Benefits Law Journal, Vol. 37, No. 3, Autumn 2024
The Importance of Promptly Paying All Final Wages in Massachusetts
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...
Marcia Wagner Joins Americans Benefits Council and the ACEBC
Marcia Wagner Joins Americans Benefits Council and the ACEBC - 401(k) Specialist, September 20, 2024 (PDF)
Retirement Industry People Moves
Retirement Industry People Moves - Marcia Wagner, PLANSPONSOR, September 20, 2024 (PDF)
Weighing the Pros and Cons of HSAs
Weighing the Pros and Cons of HSAs - Marcia Wagner, SHRM, September 19, 2024 (PDF)
IRS Releases ACA Affordability Rates for 2025
The Internal Revenue Service has issued Revenue Procedure 2024-35 to implement the 2025 index adjustments for certain Affordable Care Act (โACAโ) applicable contribution percentages used to...
Secure 2.0 โSaverโs Matchโ May Boost Retirement Readiness
Secure 2.0 โSaverโs Matchโ May Boost Retirement Readiness - Ari Sonneberg, Rethinking65, September 18, 2024 (PDF)
New England Update
New England Update - Chistopher Suh, Panelist, The American College of Trusts & Estates 2024 New England Regional Meeting, The Hilton Mystic CT,October 18ย - 20, 2024
Guidance on the New Massachusetts Estate Tax Law & Forms
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...
Massachusetts Court Rules that Paid Family Medical Leave Act Does Not Require Employer to Guarantee Accrual of Vacation and Sick Time During Leave
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...
Marcia Wagner Appointed to Leadership Roles at American Benefits Council & American College of Employee Benefits Counsel
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)
Forfeiture Cases Update โ BAE Prevails on a Motion to Dismiss
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...
BAE Beats 401(k) Plan Forfeiture Suit
BAE Beats 401(k) Plan Forfeiture Suit - Michael Schloss, planadviser, September 9, 2024 (PDF)
Seemingly โMinorโ Mistake in Claims Procedure Administration Costs Employer
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 (โLTDโ) benefits lawsuit when the plan...
4 ERISA Arguments to Watch in September
4 ERISA Arguments to Watch in September - Andrew Oringer, Law360, September 6, 2024 (PDF)
Code Section 1042 Transaction Gone Awry
It is often the case under the Internal Revenue Code (โCodeโ) that adherence to procedural rules is crucial to secure tax benefits. ย Failure to meet these procedural conditions can result in...
3 Atty Takeaways On What’s Ahead As ERISA Turns 50
3 Atty Takeaways On What's Ahead As ERISA Turns 50 - Marcia Wagner, Law360, August 30, 2024 (PDF)
Court Applies โBut Forโ Standard to LTD Mental Health Benefit Limitation
In Weyer v. Reliance Standard Life Insurance Company, the U.S. Court of Appeals for the Eighth Circuit has determined that the โbut-forโ causation standard is appropriate for determining whether...
The Successful Yet Much-Litigated ERISA Turns 50
The Successful Yet Much-Litigated ERISA Turns 50 - Marcia Wagner, SHRM, August 28, 2024 (PDF)
Change-in-Control Severance and Elon Musk: Why You Need a Springing Rabbi โฆ Trust
On August 10th, Elon Musk made national headlines due to a lawsuit that Business Today heralded as โFormer Twitter executive sues Elon Musk's X for $20 million in unpaid shares.โย The article reports...
IRS Issues Interim Guidance on Matching Contributions Made on Account of Qualified Student Loan Repayments
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...
What does the Coming Election Mean for the Fiduciary Rule?
What does the Coming Election Mean for the Fiduciary Rule? - Tom Clark, National Association of Plan Advisors (NAPA), August 26, 2024
Employer Need Not Seek Second Medical Decision for FMLA Request
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 (โFMLAโ) does not require an employer to present contrary...
Nordstrom Suit, HP Revival Add to 401(k) Forfeiture Cases
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
401(k) Forfeiture Lawsuit Wave Still Splashing West Coast - Michael Schloss, 401(k) Specialist, August 20, 2024 (PDF)
Forfeiture Cases โ Update
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...
Group Health Insurer Need Not Cover Certain Autism Treatments
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 (โMHPAEAโ)...
How Employee Benefits Rules May Fare in the Post-โChevronโ World
How Employee Benefits Rules May Fare in the Post-โChevronโ 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 Americaยฉ
12 Attorneys from The Wagner Law Group to be Recognized in 2025 Edition of The Best Lawyers in Americaยฉ - The Wagner Law Group Press Release, Marcia Wagner, Thomas Clark, Jr., Andrew Oringer, Harold...
HHS Issues Model HIPAA Attestation Form
The Department of Health and Human Services (โHHSโ) has issued a model attestation form for any โRequested Use or Disclosure of Protected Health Information Potentially Related to Reproductive...
New Regulations Strengthen Retirement Savings Protection
New Regulations Strengthen Retirement Savings Protection - Andrew Oringer, The Pinnacle Gazette, August 8, 2024 (PDF)
PBGC Nominee to Navigate Concerns Over Agencyโs Pension Bailouts
PBGC Nominee to Navigate Concerns Over Agencyโs Pension Bailouts - Israel Goldowitz, Bloomberg Tax, August 7, 2024 (PDF)
A New โOne Percentโ Tax Issue – Proposed IRS Regulations on the Excise Tax on Stock Repurchases
The Department of the Treasury (โTreasuryโ) and the Internal Revenue Service (โIRSโ), in an April 2024 follow-up to IRS Notice 2023-2, issued proposed regulations dealing with the one-percent excise...
ERISA Attorneys Outline Next Steps, Actions Item After DOL Fiduciary Rule Stays
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
Retirement Industry People Moves - Denise Chicoine, Edward Englander and Bill Hoch, planadviser, August 2, 2024 (PDF)
Failure to Follow FMLA Regulations Could Cost Employer
n Mook v. City of Martinsville, the U.S. District Court for the Western District of Virginia has ruled that an employerโs failure to follow the procedure set forth in the Family and Medical Leave...
Retirement Security Rule Stayed
Last week was not a good week for the Department of Labor (โDOLโ) in Texas. On July 25, the District Court for the Eastern District of Texas, in a civil action filed by the Federation of Americans...
Major 401(k) Litigators Are โBack in Action,โ With More Entering the Fray
Major 401(k) Litigators Are โBack in Action,โ With More Entering the Fray - Marcia Wagner, planadviser, August 1, 2024 (PDF)
Three Senior Attorneys Join the Boston Office of The Wagner Law Group
We are proud to announce that Denise Chicoine, Edward Englander and Bill Hoch have joined our firm as Partners in our Boston office.ย The breadth and depth that they add to our firm in their areas of...
Whatโs Next for the Fiduciary Rule? Tom Clark at the NAPA DC Fly-In Forum
Whatโs 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
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
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
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
New Tree Co. Owners Can't Lodge Suit Over Defunct ESOP - Thomas Clark, Jr., Lee Polk, Stephen Wilkes, Law360, July 26, 2024 (PDF)
Father Not Entitled to Prenatal FMLA Leave
In Tanner v. Stryker, the U.S. Court of Appeals for the Eleventh Circuit has ruled that an employeeโs parental Family and Medical Leave Act (โFMLAโ) rights do not begin until the actual birth of his...
Reimagining Retirement: Participant Data in Your Practice
Reimagining Retirement: Participant Data in Your Practice - Thomas Clark, Jr., panelist, Endeavor Retirement live webinar, July 23, 2024 - Click here for recording
Jury Must Make Factual Determinations in FMLA Lawsuit
In Crispell v. FCA, the U.S. Court of Appeals for the Sixth Circuit determined that a jury must decide whether an employeeโs failure to follow her employerโs leave procedures was due to โunusual...
Lawsuit Against NYC Pension Fundsโ Divestment in Fossil Fuels Dismissed
Lawsuit Against NYC Pension Fundsโ Divestment in Fossil Fuels Dismissed - Andrew Oringer, PLANSPONSOR, July 3, 2024 (PDF)
District Court Grants Motion to Dismiss Forfeiture Complaint
Prior to joining the firm,...
Retirement Income Solutions in QDIAs: What Are the Impediments?
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
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
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
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)
Appeals Court Issues Split Ruling on ACAโs Preventive Services Requirements
In Braidwood Management, Inc. v. Becerra, the U.S. Court of Appeals for the Fifth Circuit has issued a โmixed bagโ of rulings with regards to the preventive services requirements of the Affordable...
Judge Tosses Fossil-Fuel Divestment Suit Against NYC Pensions
Judge Tosses Fossil-Fuel Divestment Suit Against NYC Pensions - Mark Greenstein, FUNDfire, July 8, 2024 (PDF)
Chevron Reversal Could Affect Appeal of DOLโs ESG Rule
Chevron Reversal Could Affect Appeal of DOLโs ESG Rule - Andrew Oringer, PLANSPONSOR, July 5, 2024 (PDF)
5 Argument Sessions Benefits Attys Should Watch For In July
5 Argument Sessions Benefits Attys Should Watch For In July - Andrew Oringer, Law360, July, 3, 2024 (PDF)
Defined Contribution is Rife with Legal and Management Challenges. Post-Chevron, it Could Get Worse
Defined Contribution is Rife with Legal and Management Challenges. Post-Chevron, it Could Get Worse - Stephen Rosenberg and Andrew Oringer, Pensions & Investments, July 3, 2024 (PDF)
Benefits Rules Likely to Draw Fresh Fire After High Court Action Ari Sonneberg
Benefits Rules Likely to Draw Fresh Fire After High Court Action - Roberta Casper Watson, Bloomberg Law, July 2, 2024 (PDF)
The Litigation Floodgates are Expected to Open. How The Supreme Court’s Chevron Deference Ruling Expands Judge
The Litigation Floodgates are Expected to Open. How The Supreme Court's Chevron Deference Ruling Expands Judge - Stephen Rosenberg, Pensions & Investments, July 2, 2024 (PDF)
Key Employee Incentives: From Design to Implementation
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
Providing Retirement Benefits Can Benefit Employers - Ari Sonneberg, PLANSPONSOR, July 1, 2024 (PDF)
PBGC Closer to Receiving Pension Plan Restitution Payments
PBGC Closer to Receiving Pension Plan Restitution Payments - Andrew Oringer, PLANSPONSOR, July 1, 2024 (PDF)
IRS Issues FAQs on Educational Assistance Programs
The IRS has issued a fact sheet (FS-2024-22) to provide Frequently Asked Questions (โFAQsโ) regarding educational assistance programs. Background.ย An educational assistance program is a written...
Employers Can Trust Address Provided by Employees
Employers Can Trust Address Provided by Employees - Marcia Wagner, PLANSPONSOR, June 25, 2024 (PDF)
5 ERISA Cases to Watch in 2024’s Second Half
5 ERISA Cases to Watch in 2024's Second Half - Andrew Oringer, Law360, June 21, 2024 (PDF)
Employer May Rely on Address Provided by Employee
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...
Reg S-P Amended Around Cybersecurity
Seth F. Gaudreau concentrates his practice in ERISA...
Transportation Fringe Benefit Contributions May Not Be Reimbursed to Employee
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...
Pivotal ERISA Case Stalls Amid Mental Health Crisis
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
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
Court Split Spells Trouble on Surprise Billing Award Enforcementย - Roberta Casper Watson, Bloomberg Law, June 11, 2024 (PDF)
TIAA Retirement Suit Foreshadows Future 401(k) Rule Litigation
TIAA Retirement Suit Foreshadows Future 401(k) Rule Litigation - Andrew Oringer, Bloomberg Law, June 7, 2024 (PDF)
District Court Denies Motion to Dismiss Forfeiture Complaint
Michael Schloss is a highly...
DOLโs New Fiduciary Regulation and Exemptions
DOLโs 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
DOL Fiduciary Rule Could Mean More Analysis, Documentation, Say Industry Watchers - Marcia Wagner, Financial Advisor IQ, June 5, 2024 (PDF)
401(k) Lawsuits Over โForfeitedโ Money Get a Lifeline
401(k) Lawsuits Over โForfeitedโ Money Get a Lifeline - Andrew Oringer, Investment News, June 3, 2024 (PDF)
Increased Litigation Around PRTs Brings Insurance Industry Practices to Light
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
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) - Click here...
The Rise of Fiduciary Health Plan Litigation
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...
Undue Influence Claims Under ERISA
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
Employer May Be Liable for Misrepresenting Life Insurance Conversion Information - Marcia Wagner, 401(k) Advisor, May 2024
DOL Issues Warnings About the Use of AI in FMLA Administration
The Department of Labor (โDOLโ) has issued Field Assistance Bulletin (โFABโ) 2024-1 which contains guidance and warnings on the use of artificial intelligence (โAIโ) when administrating various...
Are Insolvency Laws Contributing to the Death of Single Employer DB Plans?
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
DOL Releases Final Rule Revising FLSA Overtime Regulations
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...
(Another) Fiduciary Breach Asserted in TPA Healthcare Claims Processing
(Another) Fiduciary Breach Asserted in TPA Healthcare Claims Processing - Thomas Clark, Jr., National Association of Plan Advisors, May 20, 2024 (PDF)
IRS Announces 2025 HSA and HRA Limits
The IRS has announced the 2025 calendar year dollar limits for health savings account (โHSAโ) contributions, the minimum deductible amounts, and maximum out-of-pocket expenses for high deductible...
Important Takeaways For Employers Following The EEOCโs Final Rule Implementing the Pregnant Workers Fairness Act (PWFA)
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...
DOL Revokes Association Health Plan Regulations
The Department of Labor (โDOLโ) has revoked its Association Health Plan (โAHPโ) regulations and expects to replace them with stricter standards that provide additional employee protections....
Department of Laborโs New Investment Advice Fiduciary Rule and Related Exemption Amendments
By Michael Schloss and Stephen Wilkes On April 25, 2024, the Department of Laborโs (DOL) new fiduciary investment advice rule, restyled as the โRetirement Security Ruleโ, was published in the...
FTC Ban On Noncompetes: 7 Things Employees & Executives Must Know
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...
Human Expertise Meets Machine Intelligence: The Winning Formula for Modern Financial Planning
Human Expertise Meets Machine Intelligence: The Winning Formula for Modern Financial Planning - Marcia Wagner, The Street, May 8, 2024 (PDF)
โStaggering Penaltiesโ Possible For Financial Firms Because of DOL Rules
โStaggering Penaltiesโ Possible For Financial Firms Because of DOL Rules - David Gabor and Katherine Brustowicz, Rethinking65, May 7, 2024 (PDF)
Group Health Plans Must Take Action to Comply with Changes to HIPAA Privacy Rules Designed to Protect Reproductive Healthcare Privacy
By Dannae Delano In further response[i] to the Supreme Court ruling in Dobbs v. Jackson Womenโs Health Organization, which overturned Roe v. Wade, the U.S. Department of Health and Human Services...
401(k) Rule Suit Echoes Past Legal Attack on Obama-Era Version
401(k) Rule Suit Echoes Past Legal Attack on Obama-Era Version - Marcia Wagner, Bloomberg Law, May 7, 2024 (PDF)
Attention Investment Managers: QPAM Matters for Immediate Review
Seth F. Gaudreau concentrates his practice in ERISA...
Ban on Non-Competition Agreements โ What Employers Need to Know and Do Now
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...
Taking the Human out of Human Resources? Artificial Intelligence and its Impact on the Employment Setting
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) -...
Insurer May Rely on In-House Advisorsโ Disability Determination
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 (โLTDโ) benefits, as long as the...
401(k) Advice Rule Puts New Fiduciaries in Litigation Crosshairs
401(k) Advice Rule Puts New Fiduciaries in Litigation Crosshairs - Michael Schloss, Bloomberg Law, May 1, 2024 (PDF)
4 Takeaways from DOL’s Final ERISA Investment Advice Regs
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’
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
Labor Department Issues Rule to Crack Down on Bad Retirement Savings Advice - Andrew Oringer, CNBC, April 23, 2024 (PDF)
Notice for Fixed Indemnity Insurance Revised
The Internal Revenue Service, Department of Labor, and Department of Health and Human Services (the โAgenciesโ) have issued a revised, mandatory notice for fixed indemnity insurance coverage....
Multiple Employer Plans Update
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
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
Employee Must Provide Adequate Notice of Need for FMLA Leave
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 (โFMLAโ) when she never gave the...
Prime Healthcare Lacked Oversight Of 401(k) Plan, Judge Told
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
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
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 -...
IBM Wins Dismissal of Pension Lawsuit
IBM Wins Dismissal of Pension Lawsuit - Andrew Oringer, PLANSPONSOR, April 9, 2024 (PDF)
Nashville NiceโNAPA 401(k) Summit Kicks Off Sunday!
Nashville NiceโNAPA 401(k) Summit Kicks Off Sunday! - Thomas Clark, Jr., National Association of Plan Advisors, April 7, 2024 (PDF)
Compare โShunsโ: Retirement Income Solutions โ How to Compare
Compare โShunsโ: Retirement Income Solutions โ How to Compare - Thomas Clark, Jr., panelist, NAPA 401(k) Summit, Nashville, TN, April 7 - 9, 2024 - Click here for details
Agencies Revise Short-Term Health Insurance Regulations
HHS, DOL and IRS (the โAgenciesโ) have jointly issued revised final regulations reducing the maximum duration of short-term, limited-duration health insurance (โSTLDHIโ) coverage. Background.ย ...
Minnesota Sponsor Sues Adviser for True-Up Plan Amendment
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
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
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
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...
Insurer May Be Liable Under ERISA for Unauthorized Premium Increases
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...
Unpacking the New Independent Contractor Final Rule and Employee Classification: Steps Employers Can Take
The U.S Department of Labor has revised its guidance regarding the classification of workers as employees or independent contractors.ย In addition, there have been developments affecting the...
Molina Healthcare Close to Win in ERISA Lawsuit
Molina Healthcare Close to Win in ERISA Lawsuit - Andrew Oringer, PLANSPONSOR, March 22, 2024 (PDF)
Pension Risk Transfers and the Continuing Concern About Buying a Pig in a Poke
By Michael Schloss Pension risk transfers (โPRTsโ) continue to make the news.ย And well they should.ย Last year alone, over $100 billion in liabilities were transferred from defined benefit pension...
Employer May Be Liable for Misrepresenting Life Insurance Conversion Information
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...
Mutual Mistake Under ERISA
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
Companies Transferred Billions in Pension Assets to Annuities. Here Come the Lawsuits - Andrew Oringer, InvestmentNews, March 14, 2024 (PDF)
Exhaustion – NYU Review of Employee Benefits
Exhaustion - Barry Salkin, NYU Review of Employee Benefits, October 2023
IRS Warns Companies are Making False Statements About Health Plan Reimbursements
In IR-2024-65 (the โIRโ), 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...
Plaintiffs Request Judge Approve Settlement in ERISA Data Breach Lawsuit
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
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
If You Cross-Trade Securities, Make Sure Not to Cross ERISA - Michael Schloss, Bloomberg Tax, March 8, 2023 (PDF)
LTD Plan Must Consider Future Harm from Stress
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 (โLTDโ) plan must take into account...
Massachusetts Lawyers Weekly 2024 Women Who Lead Edition
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
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
DOL Streamlines PTE Application Rule With New Requirements - Michael Schloss and Stephen Wilkes, Bloomberg Law, February 29, 2024 (PDF)
Court Finds Health Plan Not Required to Furnish Administrative Service Agreements in Response to ERISA Document Request
In Zavislak v. Netflix, Inc., the U.S. District Court for the Northern District of California has largely rejected a plaintiffโs assertion that an employer/plan administrator for an ERISA...
Dewan and Beyond โ The Creation, Codification, and Implementation of QDROs 2024
Dewan and Beyond โ The Creation, Codification, and Implementation of QDROs 2024 โ Regina Mandl, Barry Salkin, Ari Sonneberg and Marcia Wagner, panelists, Pennsylvania Bar Institute CLE webinar,...
401(k) World: Recordkeepers, Advisers and โCo-opetitionโ
401(k) World: Recordkeepers, Advisers and โCo-opetitionโ - Thomas Clark, Jr., PLANADVISER, February 27, 2024 (PDF)
Merger and Acquisition Considerations for Employee Benefit Plans
By Seth Gaudreau and Stephen Wilkes In the context of mergers and acquisitions, an acquisition targetโs qualified retirement plans, health plans, executive compensation arrangements, and benefit...
Surviving the New DOL Game Plan for Prohibited Transaction Exemptions
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...
4 Trends Executive Compensation Attorneys Are Watching
4 Trends Executive Compensation Attorneys Are Watching - Andrew Oringer, Law350, February 23, 2024 (PDF)
IRS Announces Decreased 2025 Employer Shared Responsibility Penalties
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 (โACAโ). Background.ย Under the...
Judge Denies American Airlinesโ Motion to Dismiss
Judge Denies American Airlinesโ Motion to Dismiss - Andrew Oringer, PLANSPONSOR, February 22, 2024 (PDF)
Pennsylvania Federal Judge Orders RiversEdge Out of Retirement Plans
Pennsylvania Federal Judge Orders RiversEdge Out of Retirement Plans - Andrew Oringer, PLANSPONSOR, February 21, 2024 (PDF)
Californiaโs Expanded Non-Compete Ban Has National Reach
Californiaโs 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
ICHRAs: The New Health Care Benefit for Advisors to Learn in 2024 - Thomas Clark, Jr., 401(k) Specialist Magazine, February 5, 2024 (PDF)
DOL Updates FMLA Fact Sheets
To assist in employer and employee compliance, the Department of Labor (โDOLโ) has issued several revised Family and Medical Leave Act (โFMLAโ) Fact Sheets, including Fact Sheet 28D: Employer...
Attorney Peter Hutchinson Joins The Wagner Law Group
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
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
Johnson & Johnson Case Signals Employee Drug Price Suits to Come - Roberta Casper Watson, Bloomberg Law, February 9, 2024 (PDF)
Agencies Update Non-English Language Requirements
The Departments of Labor and Health and Human Services, and the IRS (โthe Agenciesโ) have issued Frequently Asked Questions About Affordable Care Act (โACAโ) and Consolidated Appropriations Act,...
California Restricts Non-Compete Agreements
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 employeeโs ability to obtain subsequent...
Case Law Survey – ERISA Section 3(21)(A) and Discretion โ Part 3
Case Law Survey - ERISA Section 3(21)(A) and Discretion โ Part 3 - Marcia Wagner, 401(k) Advisor, February, 2024
New Fire for Enforcing Forfeiture-for-Competition Provisions
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....
DOL Announces Indexed Penalties for Health and Welfare Plans
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.ย The DOL is required...
SEC Matters to Consider in the New Year: 2024 Exam Priorities and Off-Channel Enforcement Actions
Seth F. Gaudreau concentrates his practice in ERISA...
Workers Poised to Get Benefits as Rule Creates โEmployeesโ
Workers Poised to Get Benefits as Rule Creates โEmployeesโ - Roberta Casper Watson, Bloomberg Law, January 29, 2024 (PDF)
Plan Insurer Held Liable for Failure to Follow Claims Procedures
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 ERISAโs claims procedures may result in a reversal of a claims...
26 State Attorneys General Appeal Biden ESG Rule Decision
26 State Attorneys General Appeal Biden ESG Rule Decision - Andrew Oringer, PLANSPONSOR, January 19, 2024 (PDF)
State Law Claims Preempted By ERISA
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...
Jordan Mamorsky Appointed Partner at The Wagner Law Group
Jordan Mamorsky Appointed Partner at The Wagner Law Group - January 17, 2024
DOL Gives Go-Ahead to Auto Enrollment in Emergency Accounts
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
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?
Could Skin Care be the Next Gold Rush Opportunity for Tax-Free FSA Shopping? - Roberta Watson, Glossy, January 16, 2024 (PDF)
LTD Insurer May Subsequently Reverse Disability Determination
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 (โLTDโ) plan was not bound by prior...
Compliance Issues for Employer Health and Welfare Plans: Fees, Services, Plan Contracts, Reporting, Audits
Compliance Issues for Employer Health and Welfare Plans: Fees, Services, Plan Contracts, Reporting, Auditsย - Dannae Delano, panelist, Strafford live CLE webinar, January 4. 2024 - Click here for...
DOL Proposes Rescission of Association Health Plan Rules
The Department of Labor (โDOLโ) has proposed that the Association Health Plan (โAHPโ) regulations be revoked and replaced with stricter standards that provide additional employee protections....
5 January Argument Sessions Benefits Attys Should Watch
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
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 โ Part 2
Case Law Survey - ERISA Section 3(21)(A) and Discretion โ Part 2 - Marcia Wagner, 401(k) Advisor, January, 2024
Eleventh Circuit Adopts Strict Standard for FMLA Claims
The Eleventh Circuit Court of Appeals, in Lapham v. Walgreen Co., has ruled that the โbut forโ legal standard applies to Family and Medical Leave Act (โFMLAโ) retaliation claims. Law.ย The FMLA...
DOL Proposes to Rescind 2018 Association Health Plan Rule
DOL Proposes to Rescind 2018 Association Health Plan Rule - Roberta Casper Watson, PLANSPONSOR, December 22, 2023 (PDF)
Bugielski v. At&T Case Continues With Appellate Reversal
By Michael Schloss and Stephen Wilkes On August 4, 2023, a Ninth Circuit panel reversed a District Court decision in favor of AT&T -ย holding that AT&T breached its fiduciary duties by,...
Case Law SurveyโERISA Section 3(21)(A) and DiscretionโPart 1
Case Law SurveyโERISA Section 3(21)(A) and DiscretionโPart 1 - Marcia Wagner, 401(k) Advisor, Volume 30, No. 10, November/December 2023
Yellow: Pension Plan Unjustly Seeking โFree Moneyโ From Bankruptcy Case
Yellow: Pension Plan Unjustly Seeking โFree Moneyโ From Bankruptcy Case - Michael Schloss, FleetOwner, December 15, 2023 (PDF)
Plan Must Consider All โIndependent Groundsโ for Claims Coverage
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 ERISAโs claims procedures by failing to separately evaluate each...
Merrill Edge in Hot Seat Over Rates Paid on IRAs
Merrill Edge in Hot Seat Over Rates Paid on IRAs - Michael Schloss, Financial Planning, December 14, 2023 (PDF)
Longstanding Internal Revenue Service Position Called into Question
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...
CapitalROCK: Retirement Security Rule Review by Wagner Law Group
CapitalROCK: Retirement Security Rule Review by Wagner Law Group - Stephen Wilkes, Globe Newswire. December 13, 2023 (PDF)
2025 ACA Out-of-Pocket Limits
The U.S. Department of Health and Human Services (โHHSโ) has announced the proposed maximum out-of-pocket (โOOPโ) limits that will apply to non-grandfathered plans for plan years beginning in...
5 Recent ERISA Decisions Attorneys Should Know
5 Recent ERISA Decisions Attorneys Should Know - Andrew Oringer, Law360, December 8, 2023 (PDF)
Participant May Sue Plan for Facial Feminization Surgery Coverage
The United States District Court for the Eastern District of Pennsylvania, in Doe v. Independence Blue Cross, declined to dismiss a participantโs lawsuit claiming that a group health plan covered...
SEC Speaks to Importance of Naming Convention
By Seth Gaudreau and Stephen Wilkes SEC Commissioner Crenshaw reminded us last year that, despite the poetic beauty of Shakespeareโs observation that, โA rose by any other name would smell as...
Court Upholds PBGC Denial of Special Financial Assistance to a Terminated Multiemployer Plan
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...
Treasuryโs Record $4.3B Crypto Exchange Fine Adds to Pressure on Digital Assets
Treasuryโs 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
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
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
SEC Charges Against Kraken Identify Specific Tokens as Securities - Kim Shaw Elliott, PLANADVISER, November 22, 2023 (PDF)
The SEC Fires All Guns Against a Crypto Platform Plan Fiduciaries Should Take Note
By Kim Shaw Elliott The SEC announced November 20 that it has charged Payward Inc. and Payward Ventures, Inc. (together โKrakenโ, an online crypto platform) with a litany of securities registration...
Seasoned Litigator Joins The Wagner Law Group
Seasoned Litigator Joins The Wagner Law Group - The Wagner Law Group Press Release, November 14, 2023
A โSea Changeโ May be Coming for Investment Advice about 401(k)-to-IRA Rollovers
A โSea Changeโ May be Coming for Investment Advice about 401(k)-to-IRA Rollovers - Andrew Oringer, CNBC, November 8, 2023 (PDF)
Developments on the ESOP Front
By Jon Schultze, Andrew Oringer and Barry Salkin Employee stock ownership plans (โESOPsโ) are retirement plans that provide employees with the opportunity to own stock of their employer.ย Congress...
IBM Plans to End 5% Employer Matching in 401(k) Plan
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
3 Takeaways From DOL's New Fiduciary Proposal - Andrew Oringer, Law360, November 2, 2023 (PDF)
The Retirement Security (Nee Fiduciary) Rule Rides Again
By Michael Schloss, Andrew Oringer, Barry Salkin, John Sohn and Stephen Wilkes Earlier this week, on October 31, 2023, the Department of Labor (the โDepartmentโ) rolled out its long anticipated new...
IRS Announces 2024 Cost-of-Living Adjustments Affecting Retirement Plans
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...
What to Consider When Adding Retirement Income Options
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
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)
Prepare for Upcoming Changes to Defined Contribution Plans Long-Term, Part-Time Employees
The SECURE Act of 2019 (the โ2019 Actโ) and the SECURE 2.0 Act of 2022 (the โ2022 Actโ) made many significant changes to retirement plans and how they operate. ย Several provisions became e๏ฌective...
Vanguard Cleans Up Legal Matters, Settles Two Suits, Loses Third
Vanguard Cleans Up Legal Matters, Settles Two Suits, Loses Third - Ari Sonneberg, RIABiz, October 27, 2023 (PDF)
IRS Announces PCORI Fee
IRS has released Notice 2023-70, which provides the โapplicable dollar amountโ for the Patient-Centered Outcomes Research Institute (โ PCORIโ ) fee for plan years ending before October 1, 2024....
New Wave of 401(k) Forfeiture Lawsuits May Hinge on Plan Terms
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
How Retirement Security Litigation Has Impacted the Defined Contribution Landscape - Andrew Oringer, Pensions & Investments News, October 23, 2023 (PDF)
Massachusetts has Increased its Estate Tax Exemption to $2,000,000
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...
CMS Announces Medicare Part A Deductibles and Part B Premiums for 2024
The Centers for Medicare & Medicaid Services (โCMSโ) has announced the 2024 premiums, deductibles and coinsurance amounts for the Medicare Part A and Part B programs. Medicare Part A covers...
IRS Issues Notice Providing Relief to Taxpayers Affected by Recent Terroristic Actions Against Israel
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...
Plan Penalized for Failure to Follow Its Own Provisions
Plan Penalized for Failure to Follow Its Own Provisions - Marcia Wagner, 401(k) Advisor, Volume 30, No. 9, October 2023
IRS Notice on Treatment of Leave-Based Donation Programs
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 โNoticeโ) to provide guidance under the...
Goldman Sachs’ Sweeping Legal Effort to Crush ‘United Capital’ Advisor Exodus May Prove Largely Meaningless
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
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
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
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
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)
Participant May Receive Monetary Damages for Planโs Failure to Approve Procedure
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...
ERISA Section 3(21)(A) and Discretion
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
SEC, DOL, FINRA Regulatory Issues - Annuities in ERISA Retirement Plans - Stephen Wilkes, speaker, National Association of Compliance Professionals (NSCP) 2023 National Conference, Dallas, TX,...
Court Rules ERISA Preempts Oklahoma Law Regulating PBMs
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 (โPBMsโ) is preempted by the Employee...
The Future Is Now for ERISA Fiduciary Duties Around Plan Data
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. โTonal Shiftโ May be Biggest Victory, Lawyer Says
Biden ESG Rule Survives Challenge in Court. โTonal Shiftโ May be Biggest Victory, Lawyer Says - Andrew Oringer, CNBC, September 27, 2023 (PDF)
Unlocking the Power of Retirement Plans for Climate Action
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
4 Takeaways For Benefits Attys After Judge Clears ESG Rule - Andrew Oringer, Law360, September 22, 2023 (PDF)
Guidelines for Mental Health and Medical/Surgical Claims Need Not Be Identical
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 (โMHPAEAโ) if it...
New Strategy in 401(k) Litigation: Ask for Settlement Before Suit is Filed
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
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
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 By Kellie Mejdrich
Latest ERISA Standard Ruling Could Lead To More Dismissals - Andrew Oringer, Law360, September 15, 2023 (PDF)
COBRA Notice Need Not Be Single Notification
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.ย Employers must...
Department of Labor Recovers $22.5 million for ESOP
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
DOL Braces For Hostile Reception To Fiduciary Rule Rewrite - Andrew Oringer, Law360, September 12, 2023 (PDF)
Highlights of 2023 PBGC Meeting With ABAโs Joint Committee on Employee Benefits
By Harold Ashner and Israel Goldowitz On September 11, 2023, the American Bar Association (โABAโ) posted a summary of the May 3, 2023, meeting between representatives of the Pension Benefit Guaranty...
New Fiduciary Rule Sent to OMB By Department of Labor
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
Why Some Ex-Workers at Bed Bath & Beyond Face 401(k) Losses - Israel Goldowitz, New York Times, September 9, 2023 (PDF)
Claims Denial Overturned for Failure to Follow Claims Procedures
The U.S. Court of Appeals for the Tenth Circuit, in David P. v. United Healthcare Ins. Co., has reversed a group health planโs benefits claim denial because the planโs claims administrator failed to...
IRS Issues Transitional Guidance for Required Minimum Distributions
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
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
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
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)
IRS Delays Roth Catch-up Contribution Change to Defined Contribution Plans
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),...
HHS Issues Warning About Online Tracking
The Office of Civil Rights (โOCRโ) at the U.S. Department of Health and Human Services (โHHSโ) and the Federal Trade Commission (โFTCโ) have issued a letter, dated July 20, 2023 (the โLetterโ),...
Legal Opinion Letter Released by Business Climate Finance Affirms Companies’ Ability to Consider ESG Factors in Employer-Sponsored Retirement Plan Selection Process
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...
The RIA Business Can Heave a Sigh of Relief as Grayscale Beats the SEC in Court
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
9th Circ. Reopens Door To Reprocessing In UBH Battle - Andrew Oringer, Law360, August 25, 2023, (PDF)
IRS Releases ACA Affordability Rates for 2024
The Internal Revenue Service has issued Revenue Procedure 2023-29 to implement the 2024 index adjustments for certain Affordable Care Act (โACAโ) contribution percentages used to determine...
Former Director Sues Howard University Pension Plan
Former Director Sues Howard University Pension Plan - Andrew Oringer, PLANSPONSOR, August 21, 2023 (PDF)
10th Circ.’s Okla. PBM Ruling Could Curtail State Regulation
10th Circ.'s Okla. PBM Ruling Could Curtail State Regulation - Andrew Oringer, Law360, August 18, 2023 (PDF)
IRS Issues Guidance on Taxation of Restricted Stock Units to Employees Working in United States and Abroad
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...
11 Attorneys from The Wagner Law Group to be Recognized in 2024 Edition of The Best Lawyers in Americaยฉ
Boston, MA, August 17, 2023 โ The Wagner Law Group, widely recognized as the countryโs top ERISA and employee benefits law firm, is delighted to announce that 11 of its attorneys will be recognized...
DOL Revises Medicaid/CHIP Model Notice
The Department of Labor (โDOLโ) 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...
Claims Appeals Procedures Must be in Formal Plan Documents
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, Donโt Buy a Pig in a Poke
If You Buy Pension Risk Transfers, Donโt Buy a Pig in a Poke - Michael Schloss, Bloomberg Tax, August 10, 2023 (PDF)
9th Circ. ERISA Fee Ruling May Spur High Court Intervention
9th Circ. ERISA Fee Ruling May Spur High Court Intervention - Andrew Oringer, Law360, August 9, 2023 (PDF)
Failure to Follow Claims Regulations Results in De Novo Review
The U.S. District Court for the Southern District of New York, in Rhodes v. First Reliance, has ruled that an insurerโs denial of a long-term disability (โLTDโ) claim must be reviewed under the de...
Departments Consider Potential Safe Harbor for Nonquantitative Treatment Limitations under the Mental Health Parity and Addiction Equity Act Regarding Network Adequacy
By Dannae Delano, Roberta Casper Watson and Barry Salkin On July 25, the Departments of Treasury, Labor, and Health and Human Services (the โDepartmentsโ) issued proposed regulations and other...
3 Takeaways From The PBGC’s Latest Fiscal Health Checkup
3 Takeaways From The PBGC's Latest Fiscal Health Checkup - Israel Goldowitz, Law360, August 4, 2023 (PDF)
Agencies Issue Proposed Regulations on Mental Health Parity Implementation
HHS, DOL and IRS (collectively, the โAgenciesโ) have jointly issued proposed regulations to provide guidance on the implementation of the requirements of the Mental Health Parity and Addiction...
UnitedHealth Group Insurance TPA, UMR Sued by DOL
UnitedHealth Group Insurance TPA, UMR Sued by DOL - Andrew Oringer, PLANSPONSOR, August 2, 2023 (PDF)
CMS Recommends Extension of Special Enrollment for Individuals Losing Medicaid and CHIP
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. ย Elections under a...
Departments Issue Guidance on No Surprises Act and Limitations on Cost Sharing Under the Affordable Care Act
By Dannae Delano, Roberta Watson and Barry Salkin In FAQ Part 60, the Departments of Health and Human Service, Treasury, and Labor (the โDepartmentsโ) addressed limitations on cost sharing under the...
Pension benefits at Yellow Corp. secured by Teamsters fund bailout this year
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
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)
Danger Will Robinson, Esq. – A Cautionary Note to Lawyers Regarding Engagement Letters
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...
Plan Penalized for Failure to Follow Its Own Provisions
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 employerโs...
IRS Issues Transitional Guidance for Required Minimum Distributions
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 (โRMDโ) rules of the Internal Revenue Code (the โCodeโ),...
DOL Advises Plan Sponsors to Extend Enrollment Period for Employees Losing Medicaid
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
ERISA Arbitrability Battles May Require High Court Guidance - Andrew Oringer, Law360, July 21, 2022 (PDF)
Departments Propose Regulations on Short-Term Limited Duration Insurance and Indemnity Insurance Excepted Benefits
By Dannae Delano, Roberta Casper Watson and Barry Salkin On July 7, the Departments of Health and Human Services, Labor, and Treasury (the โDepartmentsโ) issued proposed regulations modifying the...
Significant Changes Made to IRS Employee Plans Compliance Resolution System
By Dannae Delano, Seth Gaudreau and Barry Salkin The SECURE 2.0 Act of 2022, Division T of Public Law No. 117-328 (โthe Actโ) includes dozens of provisions that affect retirement plans and...
Reservists Must Receive Paid Administrative Leave Benefits
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...
ERISA Fiduciary Institute 2023
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 -ย Click...
Twitter Hit With $500M Suit for Unpaid Severance
Twitter Hit With $500M Suit for Unpaid Severance - Andrew Oringer, planadviser, July 12, 2023 (PDF)
Plan May Exclude Certain Specified Emergency Services
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...
Verizon 401(k) lawsuit settles for $30 million
Verizon 401(k) lawsuit settles for $30 million - Stephen Rosenberg, InvestmentNews, July 11, 2023 (PDF)
ERISA Allows Plan Fiduciaries to Pursue More Than Just Money
ERISA Allows Plan Fiduciaries to Pursue More Than Just Money - Michael Schloss, Bloomberg Tax, July 10, 2023 (PDF)
EBSA Publishes Regulatory Update on Health Facility Fees, Provider Networks
EBSA Publishes Regulatory Update on Health Facility Fees, Provider Networks - Roberta Casper Watson, planadviser, July 7, 2023 (PDF)
IRS Issues HDHP Guidance for End of COVID Emergency Period
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...
3 DOL Moves Benefits Attorneys Will Be Watching For
3 DOL Moves Benefits Attorneys Will Be Watching For - Andrew Oringer, Law360, July 3, 2023 (PDF)
SECโs Recent Marketing Rule Risk Alert Identifies Additional Areas of Focus During Compliance Examinations
By Seth Gaudreau and Stephen Wilkes On June 8, 2023, the Securities and Exchange Commissionโs (โSECโ) Division of Examinations (the โDivisionโ) published a risk alert (the โRisk Alertโ - found here)...
Financial Aspects of Divorce in Massachusetts: Division of Retirement Assets in Divorce
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
Jury Delivers Win to Yale With 403(b) Lawsuit Verdict - Andrew Oringer, PLANSPONSOR, June 29, 2023 (PDF)
IRS Releases Guidance Denying Favorable Tax Treatment to Certain Wellness Program Incentive Payments
IRS has released guidance, in the form of Chief Counsel Memorandum Number: 202323006 (the โMemorandumโ), denying favorable tax treatment to wellness incentive program payments provided through...
DOL Sues Missouri Bankers Benefit Plan
DOL Sues Missouri Bankers Benefit Plan - Andrew Oringer, PLANSPONSOR, June 16, 2023 (PDF)
Could Health Care Regulation Go the Way of Retirement Plans?
Could Health Care Regulation Go the Way of Retirement Plans? - Andrew Oringer, PLANSPONSOR, June 12, 2023 (PDF)
DOL Provides Guidance About Holidays During FMLA Leave
The Department of Labor (โDOLโ) has issued Opinion Letter FMLA 2023-2-A (the โLetterโ) to clarify how the amount of leave used is calculated when an employee takes Family and Medical Leave Act...
The Wagner Law Group Grows its Washington D.C. Office with Veteran DOL Attorney Michael Schloss
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 Employersโ Longshot Bid
New England 401(k) Fee Suits Forge Employersโ Longshot Bid - Marcia Wagner, Bloomberg Law, June 6, 2023 (PDF)
Massachusetts Division of Insurance Provides Special Enrollment Period for Loss of COBRA Coverage
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,...
Churchill Holdings ESOP Participants Sue
Churchill Holdings ESOP Participants Sue - Andrew Oringer, PLANSPONSOR, June 2, 2023 (PDF)
Coverage Requirements for COVID-related Services Post-Public Health Emergency
The COVID-19 national emergency (โNEโ) and public health emergency (โPHEโ) officially ended on April 10 and May 11, 2023, respectively.ย The end of the emergencies provides group health plan sponsors...
Pension Row With Teamsters Belongs In Court, 1st Circ. Told
Pension Row With Teamsters Belongs In Court, 1st Circ. Told - Stephen Rosenberg, Law360, May 26, 2023 (PDF)
Pension Risk Transfers Continue to Skyrocket in Q1
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
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
The Who, When and Why of Independent Fiduciaries - John Sohn and Stephen Wilkes, Benefits Magazine, May/June 2023
IRS Announces 2024 HSA and HRA Limits
The IRS has announced the 2024 calendar year dollar limits for health savings account (โHSAโ) contributions, the minimum deductible amounts and maximum out-of-pocket expenses for high deductible...
DOL, Trade Groups Clash Over ERISA Prohibited Transactions
DOL,Trade Groups Clash Over ERISA Prohibited Transactions - Andrew Oringer, Pensions & Investments, May 22, 2023 (PDF)
Employers Discuss Why They Use Vendor Search Consultants
Employers Discuss Why They Use Vendor Search Consultants - Andrew Oringer, PLANSPONSOR, May 19, 2023 (PDF)
Employer Can Select Individuals Who Receive Severance Benefits
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...
The DOL Accepts a FAQ-Out and Rolls Over . . . for Now – Appeal of ASA v. DOL Is Abandoned
By Andrew Oringer It was reported yesterday, on May 15, 2023, that the U.S. Department of Labor (the โDOLโ) has abandoned its appeal inย American Securities Association [โASAโ] v. U.S. Department of...
Claims Appeals Procedures Must be in Formal Plan Documents
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 planโs claims appeals procedures when the plan...
What Regulations and the Law Say About Retirement Income
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
The Pregnant Workers Fairness Act (PWFA): What Employers Need to Know Before Summer 2023
By Katherine Brustowicz and David Gabor Introduction: ย It has long been the law that Title VII, the Age Discrimination in Employment Act (ADEA), and the Family Medical Leave Act (FMLA) protect...
Richter-Gordon, Chamberlain Launch Firm to Vet Lifetime Income Options in 401(k)s
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
Aon, Astellas Pay to Settle CIT Conflict of Interest Litigation - Andrew Oringer, PLANSPONSOR, May 9, 2023 (PDF)
Legally Navigating Workplace Disability and Religious Accommodations
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...
Massachusetts Human Resource Law Boot Camp
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
IRS Chief Counsel Discusses Cafeteria Plan Substantiation Rules
The IRS Office of Chief Counsel has issued Memorandum Number 202317020 (the โMemorandumโ) to explain the substantiation rules for claims made under health and dependent care FSAs by means of six...
Court Ruling Vacating DOL Rollover Guidance isn’t End of Fiduciary Saga
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
3 May Argument Sessions Benefits Attorneys Should Watch - Andrew Oringer, Law360, April 28, 2023 (PDF)
ERISA Lawsuit Against NJ Transit Authority Dismissed
ERISA Lawsuit Against NJ Transit Authority Dismissed - WLG Law Alert, PLANSPONSOR, April 28, 2023 (PDF)
Government Plan Not Covered by ERISA
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. ย ERISA section...
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities [Continued]
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities [Continued] - Marcia Wagner, 401(k) Advisor, April 2023
TPA Subject to Nondiscrimination Rules
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 (โTPAโ) is covered...
Code Section 457(f) Conundrum: How to Handle Past Year Mistakes (from Vesting)
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
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
DOL Sues Profit-Sharing Retirement Plan of California Consultant - Andrew Oringer, PLANSPONSOR, April 17, 2023 (PDF)
Chambers USA 2022: Employee Benefits & Executive Compensation – Andrew Oringer
Chambers USA 2022: Employee Benefits & Executive Compensation - Andrew Oringer
Secure 2.0, The Fiduciary Rule, New Developments:ย What You Need to Know
Secure 2.0, The Fiduciary Rule, New Developments:ย What You Need to Know - Marcia Wagner, Financial Executives International (FEI) Committee on Benefits Finance โ March 2023 Virtual Meetingย -...
Board Resolution Insufficient to Terminate Severance Pay Plan
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...
Full-Time to Part-Time: Educate Employees About Ramifications for Benefits and Compensation
Full-Time to Part-Time: Educate Employees About Ramifications for Benefits and Compensation - Marcia Wagner, SHRM, April 12, 2023 (PDF)
Agencies Issue Guidance Regarding Effect of the End of the COVID-19 Public Health Emergency (PHE) and National Emergency (NE) on Benefits
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...
As Private Equity Firms Work to Access 401(k) Market, Plaintiff Lawyers Gear Up to Sue
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
Withdrawal Liability Interest Rate Assumptions: The Battle Continues - Israel Goldowitz, Bloomberg Tax Management Compensation Planning Journal, April 7, 2023
Suit โRoutesโ: Lessons Learned from Litigation
Suit โRoutesโ: 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
Case(s) in Point - Thomas Clark, Jr., NAPANET the Magazine, Spring 2023 (PDF)
What to Love (& Fear) About SECURE 2.0 Now
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
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
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
How Plan Sponsors Can Offer Backdoor Roth Conversions - Marcia Wagner, PLANSPONSOR, April 3, 2023 (PDF)
The Duty of Impartiality
The Duty of Impartiality - Bary Salkin, author, Benefits Law Journal, Vol 36, No. 1, Spring 2023
What All Estate Planners Need to Know About Cohabitation & Prenuptial Agreements
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...
IRS Issues Guidance on Nonfungible Tokens (โNFTsโ) in IRAs and Tax-Qualified Individual Account Plans
By Barry Salkin and Jon Schultze Unlike ERISA, the Internal Revenue Code (โCodeโ) places almost no restrictions on the manner in which plan assets of individual retirement plans or tax-qualified...
IRS Requires Most Employee Benefit Plans to File Forms Electronically
The IRS has issued final regulations that will require almost all employee benefit plan filings to be made electronically. Background.ย Generally, Applicable Large Employers are required to file...
ERISA Attorney Marcia Wagner Comments On The Presidentโs Veto Of Bipartisan ESG Joint Resolution
ERISA Attorney Marcia Wagner Comments On The Presidentโs Veto Of Bipartisan ESG Joint Resolution - Marcia Wagner, Forbes, March 24, 2023 (PDF)
7th Circ. Northwestern Ruling Eases ERISA Pleading Standard
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
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities - Marcia Wagner, 401(k) Advisor, March 2023
IRS Provides Guidance on the Definition of โMedical Expensesโ
The IRS has issued a series of Frequently Asked Questions (โFAQsโ) to provide guidance as to whether certain costs related to nutrition, wellness, and general health are medical expenses that may be...
Defined Benefits Plans: Underfunded Plans
Defined Benefits Plans: Underfunded Plans - Harold Ashner and Linda Rosenzweig, contributing authors, Bloomberg Law Guide to Retirement Plan Designs. March 2023
Fiduciary Litigation Debate
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
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
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
After the Victory Lap: The To-Do List for Plan Sponsors on the Passing of SECURE 2.0 - Lee Polk, panelist, Institutional Investor Defined Contribution Forum, Chicago, IL, April 18 - 19, 2023 - Click...
LinkedIn Settles 401(k) Excessive Fee Complaint for $6.75 Million
LinkedIn Settles 401(k) Excessive Fee Complaint for $6.75 Million - Andrew Oringer, PLANSPONSPR, March 15, 2023 (PDF)
IRS Issues Proposed Regulations Regarding Use of Forfeitures in Tax-Qualified Plans
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...
Notes from ALM’s Complex Claims & Litigation Forum 2023
Notes from ALM's Complex Claims & Litigation Forum 2023 - Stephen Rosenberg, ALM Property Casualty 360, March 14, 2023 (PDF)
SECURE Act 2.0 Modification to Controlled Group and Affiliated Service Group Requirements
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 โfamily attributionโ rules under Section 414 of the Internal...
Departments Issue Guidance Requiring First Annual โGagโ Attestation by December 31, 2023
By Dannae Delano, Roberta Casper Watson and Barry Salkin The Consolidated Appropriations Act of 2021 (โCAAโ) is the most significant compliance challenge for employer health plan sponsors since the...
DOL Distinguishes Between FMLA and ADA Rights With Regards to Required Overtime
The Department of Labor (โDOLโ) 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...
Retirement Industry People Moves
Retirement Industry People Moves - Lee Polk, PLANADVISER, March 3, 2023 (PDF)
Battle Over ESG Means Balancing Act For Benefits Plans
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
Court Ruling Vacating DOL Rollover Guidance Isn't End Of Fiduciary Saga - Andrew Oringer, Pensions & Investments, March 1, 2023 (PDF)
FMLA Rights For Employees Who Telework
The Department of Labor (โDOLโ), in Field Assistance Bulletin No. 2023-1 (โFABโ), has explained how to apply the eligibility rules under the Family and Medical Leave Act (FMLA) when employees...
The Wagner Law Group Grows its Chicago Office With the Addition of Attorney Lee T. Polk
The Wagner Law Group Grows its Chicago Office With the Addition of Attorney Lee T. Polk - March 1, 2023
Tackling Market Disruptors โ How to Manage Industry Shifts
Tackling Market Disruptors โ How to Manage Industry Shifts - Panelist, ALM Complex Claims and Litigation Forum, Las Vegas, NV, February 27 - March 1, 2023 - Click here for details
The Largest Women-Owned Businesses in Massachusetts
The Largest Women-Owned Businesses in Massachusetts - Boston Business Journal, February 24, 2023
Jury Must Determine โComparabilityโ Under USERRA
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 โcomparable,โ non-military, paid leave, and was...
Rudy Adolf Dodges Questions on Focus Financial Earnings Call
Rudy Adolf Dodges Questions on Focus Financial Earnings Call - Ari Sonneberg, RIABiz, February 21, 2023 (PDF)
Church-Exemption Ruling Could Have Wide Implications
Church-Exemption Ruling Could Have Wide Implications - Andrew Oringer, PLANSPONSOR, February 22, 2023 (PDF)
Cybersecurity Issues – 2023 Joint TE/GE Council Employee Plans Annual Meeting
Cybersecurity Issues - Susan Rees, 2023 Joint TE/GE Council Employee Plans Annual Meeting, Washington, D.C., February 23 - 24, 2023
Practitionerโs Panel – 2023 Joint TE/GE Council Hybrid Annual Meeting
Practitionerโs Panel - Roberta Watson,ย 2023 Joint TE/GE Council Employee Plans Annual Meeting, Washington, D.C., February 23 - 24, 2023
DOL Court Loss Casts Shadow On Fiduciary Rulemaking
DOL Court Loss Casts Shadow On Fiduciary Rulemaking - Andrew Oringer, Law360, February 17, 2023 (PDF)
Lawsuit Accuses Conagra of Shirking Pension Benefits
Lawsuit Accuses Conagra of Shirking Pension Benefits - Andrew Oringer, PLANSPONSOR, February 16, 2023 (PDF)
Was the DOL FAQed Out and Rolled Over? Second Court Rejects DOLโs Interpretation of ERISAโs Fiduciary Rule
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 [โASAโ] v. U.S. Department of Labor, No....
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities โ Marcia Wagner, 401(k) Advisor, February, 2023
Federal Judge Strikes Down DOL Rollover Advice Guidance
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
Court Rolls Back Rollover Rule in 401(k) Fiduciary FAQ Fight - Thomas Clark, Jr., National Association of Plan Advisors, February 13, 2023 (PDF)
Employee Benefit Plans
Employee Benefits Plans - Barry Salkin, contributing author, Start-Up & Emerging Companies: Planning, Financing & Operating the Successful Business, ALM
Agencies Propose Expansion of Contraceptive Care Coverage
The Department of Labor, the Department of Health and Human Services, and the IRS (the โAgenciesโ) have issued proposed regulations that would expand access to contraceptive care coverage....
Patients Down, But Not Out, After 9th Circ. Benefits Ruling
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
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
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
Rule Proposes Removing Moral Exemption to Contraception Mandate - Marcia Wagner, SHRM, January 30, 2023 (PDF)
Free Webinar – Quiet Quitting and Quiet Firing: Is It Happening at Your Company
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...
Glitch-Fixing: How 2024 Catch-Up Contributions Could Be Restored in SECURE 2.0
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
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
DOL Announces Indexed Penalties for Health and Welfare Plans
The Department of Labor (โDOLโ) has announced the inflation-adjusted penalties for certain health and welfare plan violations.ย The new amounts are effective for penalties assessed after January 15,...
TIAA Class Action Reversal May Impose Significant Procedural Hurdle for Future Cases
TIAA Class Action Reversal May Impose Significant Procedural Hurdle for Future Cases - Andrewย Oringer, PLANSPONSOR, January 24, 2023 (PDF)
Whoโs Liable When a Plan Participant is a Victim of Identity Theft
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...
Only One Notice Required for Intermittent FMLA Leave
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.ย The FMLA...
Proposed IRS Regulations Would Make Permanent the Availability of Remote Spousal Consent Elections
By Barry Salkin Longstanding Internal Revenue Service (โIRSโ) regulations with respect to spousal consent to a waiver of benefits require an election to be witnessed in the physical presence of a...
Fiduciary Litigation Year in Review
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
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
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
FTCโs Noncompete Ban Would Hit Retirement, RIA Consolidation
FTCโs Noncompete Ban Would Hit Retirement, RIA Consolidation - Marcia Wagner, PLANADVISER, January 9, 2023 (PDF)
ESOP Plan Faces Retirement Records Lawsuit
ESOP Plan Faces Retirement Records Lawsuit - Andrew Oringer, PLANSPONSOR, January 5, 2023 (PDF)
2024 ACA Out-of-Pocket Limits
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...
Congress Enacts Respect for Marriage Act
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...
Vanguard Cites Shunned Founder Jack Bogle to Deflect Criticism After Epic ESG Flip-Flop
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
Attorney Andrew Oringer Joins The Wagner Law Group - January 2, 2023
ERISA Group Health Planโs Self-Help Provision is Enforceable
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...
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities
By Stephen Wilkes, Izzy Goldowitz and John Sohn On November 22, 2022, the Department of Labor (โDOLโ) issued a final rule modernizing and revising the long-standing Investment Duties Regulation....
Secure Act 2.0 Brings a Litany of Retirement Changes
By Roberta Watson, Barry Salkin and Alex Olsen The SECURE Act 2.0 of 2022 (โSECURE 2.0โ, or the โActโ) became law as part of the Consolidated Appropriations Act of 2023.ย SECURE 2.0 builds on the...
IRS Publishes Registered Apprenticeship Guidance
By Stephen Wilkes and Seth Gaudreau On November 30, 2022, the Internal Revenue Service (โIRSโ) and the Department of the Treasury (โTreasuryโ) published Notice 2022-61 (the โNoticeโ) in the Federal...
Federal Agencies Issue Group Health Plan Guidance
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.ย The Center for...
IRS Finalizes Delayed Effective Dates for ACA Filing Requirements
In past years, the IRS has extended the deadlines for employer and group health plan Affordable Care Act (โACAโ) reporting.ย In lieu of the deadline extensions, the IRS has now issued final...
First Circuit Illustrates the Importance of the Fiduciary Responsibilities of Health and Welfare Plan Sponsors and Severance Providers Under ERISA
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...
Trade Associationโs Insurance Program Not Covered by ERISA
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...
Mental Health Parity Rules and Requirements for Plan Sponsors and Administrators
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...
Superseding Cause Under ERISA
Superseding Cause Under ERISA - Barry Salkin, Benefits Law Journal, Vol. 35, No. 4, Winter 2022
Pre-existing Condition Exclusion Enforceable Despite Employer Misrepresentation
The Fifth Circuit Court of Appeals, in Bunner v. Dearborn Natโl Life Ins. Co., has held that a disability insurer properly denied a claim for long-term disability (โLTDโ) benefits based on the...
IRS Issues Important Guidance with Respect to Required Minimum Distribution Regulations
IRS Issues Important Guidance with Respect to Required Minimum Distribution Regulations โ Marcia Wagner, 401(k) Advisor, November-December, 2022
Plan Administrators May Not Adopt Rationales for Benefit Denials Not Raised During the Claims Review Process
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 administratorโs denial of...
DOL “Clarifies” Guidance on the Bonding Requirements to PEPS and Their Pooled Plan Providers
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...
Webinar: Year-End Planning for Benefit Professionals
Year-End Planning for Benefit Professionals - Marcia Wagner, presenter, webinar for Western Pension & Benefits Council, November 30, 2022, 2:00 - 4:00 PM (EST).ย - PowerPoint presentation...
New DOL Proposal Would Allow Fiduciaries to Self-Correct Certain Errors
New DOL Proposal Would Allow Fiduciaries to Self-Correct Certain Errors - Citing 11/22/22 Law Alert, PLANSPONSOR, November 28, 2022 (PDF)
DOLโs New ESG Rule โUnremarkableโ
DOLโs New ESG Rule โUnremarkableโ - Marcia Wagner, Forbes, November 23, 2022 (PDF)
IRS Announces Increase in PCORI Fee
The IRS has released Notice 2022-59 to announce the โapplicable dollar amountโ for the Patient-Centered Outcomes Research Institute (โPCORIโ) fee for plan years ending before October 1, 2023....
Department of Labor Proposes Updates to the Voluntary Fiduciary Correction Program
In 2002, the Employee Benefits Security Administration (โEBSAโ) of the Department of Labor (โDOLโ) established the Voluntary Fiduciary Correction Program (โVFCPโ), a free program designed to...
House Republicans Vow To Immediately Repeal Funding For 87,000 IRS Agents
House Republicans Vow To Immediately Repeal Funding For 87,000 IRS Agents - Marcia Wagner, Financial Advisor Magazine, November 18, 2022 (PDF)
IRS Announces Expansion of Change in Status Rules for Cafeteria Plans
One of the basic rules under which cafeteria plans operate is that elections are irrevocable except in certain limited circumstances.ย Further, even when those limited circumstances apply, the change...
The Wagner Law Group Signs Letter to Congress on Crucial HSA Issue
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...
IRS to Permit Determination Letters in Limited Circumstances for Individually Designed Code Section 403(b) Plans
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...
Why the Crypto Collapse Matters
Why the Crypto Collapse Matters - Marcia Wagner, New York Times, November 17, 2022 (PDF)
New IRS Regulations Resolve “Family Glitch” Issue
The IRS has issued final regulations amending the Affordable Care Act (โACAโ) rules regarding eligibility for the lawโs premium tax credit (โPTCโ).ย The new rules provide that the โaffordabilityโ of...
Despite TPA’s Contractual Obligation, Employer May Still Be Liable for COBRA Notice Violation
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...
Free Webinar: Dealing with Difficult Employees
Dealing with Difficult Employees - David Gabor and Katherine Brustowicz, The Wagner Law Group Free Webinar, December 14, 2022, 1:00 PM (EST).ย CLICK HERE FOR RECORDING Georgina has been having...
Arbitration of ERISA Plan Disputes
Arbitration of ERISA Plan Disputes - Jordan Mamorsky and Barry Salkin, Lexis Nexis Practical Guidanceยฎ Practice Note, November 2022
Does It Ever Make Sense To Borrow From Your 401(k)?
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
Don't Let ROBS Steal Your Retirement - Marcia Wagner, Forbes, November 3, 2022 (PDF)
The Wagner Law Group Ranked โTier 1โ ERISA and Employee Benefits Law Firm for 2023
The Wagner Law Group Ranked โTier 1โ ERISA and Employee Benefits Law Firm for 2023 - November 3, 2023
SECโs Proposed Outsourcing Rule Could Be Hardest on Small Advisers
SECโs Proposed Outsourcing Rule Could Be Hardest on Small Advisers - Marcia Wagner, PLANADVISER, November 2, 2022 (PDF)
Pension Investing and Climate Change
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 -...
How To Use Your 401(k) Funds To Start A Business
How To Use Your 401(k) Funds To Start A Business - Marcia Wagner, Forbes, November 1, 2022 (PDF)
Independent Review Prevents “Cat’s Paw” Liability in FMLA Retaliation Claim
The Tenth Circuit Court of Appeals, in Parker v. United Airlines, Inc., has held that the โcatโs pawโ theory of liability for FMLA retaliation or interference claims does not apply if the employer...
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
Delaware Law Expands Access to Retirement Plans
Delaware Law Expands Access to Retirement Plans - Marcia S. Wagner, SHRM, October 28, 2022 (PDF)
Top 100 Women-Led Businesses in Massachusetts
Top 100 Women-Led Businesses in Massachusetts - Boston Globe, October 28, 2022 (PDF)
Recent Successful Challenges to IRS Actions and Positions
Recent Successful Challenges to IRS Actions and Positions - Barry Salkin, New York University 2022 Review of Employee Benefits and Executive Compensation
IRS Releases 2023 Welfare Benefit Plan Limits
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...
IRS Issues Important Guidance with respect to Required Minimum Distribution Regulations
By Jon Schultze and Barry Salkin The SECURE Act made significant revisions to the required minimum distribution rules under Internal Revenue Code (โCodeโ) Section 401(a)(9) that apply to defined...
Agencies Request for Comments on Issues Related to New Disclosures Under the No Surprises Act Indicate the Importance of Informing Marginalized Populations and Maintaining Privacy of Advance Health Care Information
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...
IRS Announces 2023 Cost-of-Living Adjustments Affecting Retirement Plans
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...
Court Finds Employer’s Evidence of COBRA Notice Mailing Procedures Insufficient
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...
Should The SEC Ban ESG Funds?
Should The SEC Ban ESG Funds? - Marcia Wagner, Forbes, October 12, 2022 (PDF)
Insurer Must Make “Reasonably Proximate” Coverage Determinations
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...
Court Defers to Insurer’s Discretionary Authority
The Eleventh Circuit Court of Appeals, in Stewart v. Hartford Life & Accident Insurance Company, has upheld a lower courtโs decision to deny a plaintiffโs appeal for long-term disability (โLTDโ)...
Federal Appeals Court Offers Fiduciary-Risk Comfort to Plans
Federal Appeals Court Offers Fiduciary-Risk Comfort to Plans - Stephen Rosenberg, Pensions & Investments, October 3, 2022 (PDF)
Financial Advisors Vote for The Wagner Law Group as the Best ERISA Law Firm for 2022
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
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
Working With the PBGC - Israel Goldowitz, Panelist, Conference of Consulting Actuaries 2022 Annual Meeting, October 16 - 19, 2022, Austin, TX
Free Webinar: Is Your Plan Ready for a DOL Audit – Recording Available
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...
Ninth Circuit Requires Lower Court to Consider New Evidence in LTD Suit
The Ninth Circuit Court of Appeals, in Kay v. Hartford Life and Accident Insurance Company, has reversed a lower courtโs decision upholding an insurerโs termination of long-term disability (โLTDโ)...
RS Announces New Pre-Audit Compliance Pilot Program
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
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...
Federal Court Finds Key Part of ACA’s Preventive Service Mandate Unconstitutional
A Texas federal district court, in Braidwood Management, Inc. v. Becerra, has held that the Affordable Care Actโs (โACAโsโ) requirement that most group health plans and health insurers cover certain...
Conflicting Rulings Prompt Call for ERISA Guidance
Conflicting Rulings Prompt Call for ERISA Guidance - Jordan Mamorsky, Pensions & Investments, September 19, 2022 (PDF)
Challenging Unemployment Compensation Benefits: When Is It Worth It?
Challenging Unemployment Compensation Benefits: When Is It Worth It? - Katherine Brustowicz, SHRM, September 16, 2022 (PDF)
Department of Labor Updates Guidance on Independence of Qualified Plan Accountants
Plan sponsors of large employee benefit pension plans are familiar with the requirement of audited financial statements for annual reporting purposes.ย That requirement is discussed in the DOLโs...
Some Nonfiduciary Liabilty Issues After Harris Trust
Some Nonfiduciary Liabilty Issues After Harris Trust - Barry Salkin, Bloomberg Tax, Tax Management Compensation Planning Journal, September 2022
“Probate Exception” Precludes Federal Jurisdiction over ERISA Lawsuit
The Sixth Circuit Court of Appeals, in American Electric Power Service Corporation v. John K. Fitch et al., has affirmed a district courtโs dismissal of a group health planโs ERISA action seeking...
Pay for Performance 2022: From Disclosure to Execution โฆ to Retention
By Mark Poerio Tight labor markets tend to sharpen loyalty issues, as employers compete for an edge by which to retain โ and motivate โ their key employees. It does not take rocket science to defuse...
Evaluating ARPAโs Impact, 1 Year Later
Evaluating ARPAโs Impact, 1 Year Later - Harold Ashner, PLANSPONSOR, September 1, 2022 (PDF)
ERISA Lawsuit Time-Barred Due to Planโs Limitations Period
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 (โLTDโ) benefits because...
How to Avoid Mistakes In Estate Planning
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
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?
Should You Use The Roth Retirement Savings Option? - Marcia Wagner, Forbes, August 27, 2022 (PDF)
Interaction Between FMLA and Mental Health Conditions
Interaction Between FMLA and Mental Health Conditions - Marcia Wagner, 401(k) Advisor, July/August 2022
No Surprises in Agenciesโ Reproposal of Independent Dispute Resolution Regulations on No Surprise Act Billing Arbitration
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...
RIA Wildfire Erupted on Twitter After Clarence Thomas Put Same-Sex Marriage on Conservative Hit List with ‘Roe v. Wadeโ
RIA wildfire erupted on Twitter after Clarence Thomas put same-sex marriage on conservative hit list with 'Roe v. Wadeโ - Ari Sonneberg, RIABiz, August 25, 2022 (PDF)
A Guide to the SECโs Reg BI Bulletins
A Guide to the SECโs Reg BI Bulletinsย - Stephen Wilkes and Seth Gaudreau, PLANADVISER, August 25, 2022 (PDF)
Marcia S. Wagner Appointed to The New England Legal Foundation Massachusetts Advisory Council
Boston, MA, August 18, 2022 โ The Wagner Law Group, widely recognized as the countryโs top ERISA and employee benefits law firm, is delighted to announce that ย Marcia Wagner, the firmโs founder and...
SEC Provides Further Guidance in its Staff Bulletin: Standards of Conduct for Broker-Dealers and Investment Advisers Conflict of Interest
By Stephen Wilkes and Seth Gaudreau The U.S. Securities and Exchange Commission (โSECโ) recently published a Staff Bulletin (the โBulletinโ) providing further fiduciary standards guidance for...
Court Finds Employee-Paid LTD Policy Was Part of Employerโs ERISA Plan
A federal district court in the Middle District of Tennessee has held, in Insurance Company of America, that a long-term disability (โLTDโ) policy offered under an employerโs group health plan was...
Labor Opinions are Fair Game for Litigation After Circuit Ruling
Labor Opinions Are Fair Game for Litigation After Circuit Ruling - Roberta Watson, Bloomberg Law, August 19, 2022 (PDF)
Nine Attorneys from The Wagner Law Group to be Recognized in 2023 Edition of The Best Lawyers in Americaยฉ
Boston, MA, August 18, 2022 โ The Wagner Law Group, widely recognized as the countryโs top ERISA and employee benefits law firm, is delighted to announce that nine of its attorneys will be...
McDonaldโs Settles Lawsuit Over Deficient COBRA Notices
McDonaldโs Settles Lawsuit Over Deficient COBRA Notices - SHRM, August, 17. 2022 (PDF)
Inflation Reduction Actโs Impact on Group Health Plans
On August 16, 2022, President Biden signed into law the Inflation Reduction Act (โIRAโ).ย The new legislation contains several provisions impacting group health plans.ย Below is a description of...
IRS Releases ACA Affordability Rates for 2023
The Internal Revenue Service has issued Revenue Procedure 2022-34 to implement the 2023 index adjustments for certain Affordable Care Act (โACAโ) contribution percentages used to determine...
Cetera Preps Advisors to Reap Benefits of New SEC Marketing Rule
Cetera Preps Advisors to Reap Benefits of New SEC Marketing Rule - Financial Advisor IQ, August 11, 2022 (PDF)
Department of Labor (โDOLโ) Proposes to โUpdateโ QPAM Exemption
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...
Agencies Issue Guidance on Contraception Coverage Requirements
The Department of Labor, Department of Health and Human Services, and the IRS (the โAgenciesโ ) have issued Frequently Asked Questions 54 (โFAQsโ) regarding the contraception coverage requirements...
SEC Marketing Rule: New Engagement Tools but More Red Tape
SEC Marketing Rule: New Engagement Tools but More Red Tape - Financial Advisor IQ, August 2, 2022 (PDF)
WEBINAR: Fiduciary Compliance in ESOP Transactions: Recent DOL Settlement Agreements and Best Practices for Counsel
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) -...
WEBINAR: Overturning Roe v. Wade: Impact on Employee Benefit Plans and Next Steps for Plan Sponsors and Administrators
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...
Crypto in 401(k) Plans: a Plaintiff Lawyerโs Dream?
Crypto in 401(k) Plans: a Plaintiff Lawyerโs Dream? - Thomas E. Clark, Jr., National Association of Plan Advisors, July 28, 2022 (PDF)
Employer Cannot Terminate Employee’s Vested Retiree Life Insurance Benefits
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...
Legislative Landscape โ What’s Ahead: 2022 NAPA D.C. Fly-In Forum
Legislative Landscape โ 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
Wage and Hour Updates for Maine, New York, and New York City
By Katherine Brustowicz, David Gabor, Virginia Peabody I. Maine โ Mandatory Vacation Payout Upon Separation from Employment ย Maine will follow Massachusettsโ lead in implementing mandatory vacation...
Retirement Industry People Moves
Retirement Industry People Moves - PLANSPONSOR, July 22, 2022 (PDF)
4 Cybersecurity Breach Suits Benefits Lawyers Should Watch
4 Cybersecurity Breach Suits Benefits Lawyers Should Watch - Law360, July 22, 2022 (PDF)
Multiemployer Plan Developments: PBGC Final Rule on Special Financial Assistance and Withdrawal Liability Actuarial Assumptions Litigation
By Dannae Delano and Israel Goldowitz On July 8, 2022, the Pension Benefit Guaranty Corporation (โPBGCโ) issued its Final Rule (the โFinal Ruleโ) implementing the American Rescue Plan Act of 2021...
“Lawyers Who Care” Podcast – Regina Mandl Interviewed
"Lawyers Who Care" Podcast - Regina Mandl interviewed, July 14, 2022
Marilyn Mosbyโs Expert Witness in Criminal Trial Previously Described Her Actions as โQuite Dumbโ
Marilyn Mosbyโs Expert Witness in Criminal Trial Previously Described Her Actions as โQuite Dumbโ - Marcia Wagner, The Baltimore Sun, Jluy 18, 2022 (PDF)
Boom, Boom, Boom, Charles Schwab Corp. Just Spent $220 Million to Shuck Three Lawsuits
Boom, Boom, Boom, Charles Schwab Corp. Just Spent $220 Million to Shuck Three Lawsuits - Ari Sonneberg, RIABiz, July 18, 2022 (PDF)
ERISA World Awaits Next EBSA Move on Proposed Restrictions on the Prohibited Transaction Exemptions Process
It has been almost four months since the Employee Benefit Security Administration (EBSA) of the Department of Labor (โDOLโ) published its proposed amendments to regulations for the procedures by...
HHS Issues Guidance on HIPAA Protections
In response to the Supreme Court ruling in Dobbs v. Jackson Womenโs Health Organization, which overturned Roe v. Wade, the U.S. Department of Health and Human Services (โHHSโ) has issued new HIPAA...
Employer Responses to Overturning of Roe v. Wade
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
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
UBS, Edward Jones And Others Keep Mum About Covering Abortion Travel Costs - Roberta Watson, ADVISORHUB, July 7, 2022 (PDF)
IRS Announces Decreases in ACA Affordability Threshold and Increases in ACA Employer Shared Responsibility Penalties for 2022 Plan Years
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 ACAโs affordability...
Mandated Benefits: 2022 Compliance Guide Mid-Year Update
Mandated Benefits: 2022 Compliance Guide Mid-Year Update โ Katherine Brustowicz, Dannae Delano, David Gabor, Virginia Peabody, Barry Salkin, Marcia Wagner and Roberta Casper Watson, Wolters Kluwer,...
Asset Managers Affirm They’ll Pay for Travel
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
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
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
Employers Providing Abortion Benefits Should Address Compliance Questions - Roberta Watson, SHRM, June 29, 2022 (PDF)
Employer Responses to Overturning of Roe v. Wade
Many employers are considering how to respond to the recent ruling overturning Roe v. Wade, which has given states the leeway to outlaw abortion.ย Employers may have employees who are on either side...
ERISA Considerations in Using Brokerage Window Investing
ERISA Considerations in Using Brokerage Window Investing - Marcia Wagner, 401(k) Advisor,ย May/June 2022
Delay in Final Claims Appeal Determination Excuses Claimant from ERISAโs Exhaustion of Administrative Remedies Requirement
The Second Circuit Court of Appeals, in McQuillin v. Hartford Life & Accident Ins. Co., has ruled that a claimant exhausted his planโs administrative remedies and was, therefore, entitled to sue...
WEBINAR: Navigating the Interplay Between Leave Laws: A Focus on the FMLA and ADA
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...
NYU’s Victory in ERISA Battle Hinged on Expert Witnesses
NYU's Victory in ERISA Battle Hinged on Expert Witnesses - Marcia Wagner, Law360, June 16, 2022 (PDF)
Planโs Lawsuit Deadline Not Enforceable Unless Communicated in Final Claims Denial
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...
Required Minimum Distribution Modifications Applicable to Defined Benefit Plans as Well
While most of the attention was on how the IRSโs proposed regulation would address tax-qualified defined contribution plans and IRAs, the IRS also took the opportunity to update the existing...
Understanding the IRSโ New Pre-Audit Letter Program
Understanding the IRSโ New Pre-Audit Letter Program - Dannae Delano, PLANSPONSOR, June 13, 2022 (PDF)
Significant New Corrections Opportunities Stem From IRS Program
Significant New Corrections Opportunities Stem From IRS Program - Dannae Delano, PLANADVISER, June 13, 2022 (PDF)
Employer Can Interfere with FMLA Rights Without Denying FMLA Leave
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....
Companies Urged to Review Abortion Coverage With Roe in Balance
Companies Urged to Review Abortion Coverage With Roe in Balance - Roberta Watson, Bloomberg, News, June 8, 2022 (PDF)
IRS Announces โPre-Auditโ Retirement Plan Pilot Program
IRS Announces โPre-Auditโ Retirement Plan Pilot Program - Dannae Delano, 401(k) Specialist, June 7, 2022 (PDF)
IRS Announces New Pre-Audit Compliance Pilot Program
Last week, the IRS announced via newsletter a new pre-audit compliance opportunity for employer-sponsored retirement plans selected for audit beginning immediately (the โPilot Programโ). Under the...
Important Pension Issues Likely to Surface: Webinar
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
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
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
401(k)s with Bitcoin Should Expect Lawsuits: Lawyers - Mark Greenstein, Ignites, June 2, 2022 (PDF)
Investors Flood into Fidelityโs Bitcoin Fund
โInvestors Flood into Fidelityโs Bitcoin Fundโ โ Mark Greenstein, Ignites, June 2, 2022 (PDF)
Interaction Between FMLA and Mental Health Conditions
The Department of Labor (โDOLโ) has released Fact Sheet 280 (โFact Sheetโ) and a series of FAQs with regards to the interplay between the FMLA and mental health conditions. Law.ย Under the FMLA,...
Accident and the Presumption Against Suicide Under ERISA; Benefits Law Journal
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
The Wagner Law Group Comment Letter to DOL Regarding New Rules for Prohibited Transaction Exemption Application Procedures - May 31, 2022
IRS Provides Guidance on Leave-Based Donation Programs for Ukraine
The IRS has issued Notice 2022-28 (the โNoticeโ) to explain the tax treatment of employer leave-based donation programs to aid the people of Ukraine. The Notice begins by stating that the โinvasion...
Retirement Bill Eyeing ERISA Arbitration Ban Stirs Strong Reaction: PLANSPONSOR
Retirement Bill Eyeing ERISA Arbitration Ban Stirs Strong Reaction - PLANSPONSOR, May 24, 2022 (PDF)
Work Product in ERISA Context
Work Product in ERISA Context โ Barry Salkin, Benefits Law Journal, Spring 2022, Vol. 35, No. 1 (PDF)
Fiduciary Laws Pension Trustees Should Know: Speaking Engagement
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 -...
4 Takeaways As DOL Mulls Climate Risk For Retirees: Law360
4 Takeaways As DOL Mulls Climate Risk For Retirees โ Law360, May 20, 2022 (PDF)
Small Employer Did Not Commit Itself to FMLA Leave Requirements
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...
Insurer Breached Fiduciary Duty to Maintain Effective Benefit Enrollment System
The Eighth Circuit Court of Appeals, in Skelton v. Radisson Hotel Bloomington, has upheld a district courtโs decision that an insurer acted as a fiduciary in determining eligibility and conducting...
Retirement Industry People Moves
Retirement Industry People Moves โ John Sohn, PLANSPONSOR, May 6, 2022 (PDF)
Elizabeth Warren Taken to Task by Experts for โMisplaced,โ โMisinformedโ and Ultimately Toothless Letter to Fidelityโs Abby Johnson, Criticizing Firmโs New Bitcoin-Inclusive 401(k) Menus
Elizabeth Warren Taken to Task by Experts for โMisplaced,โ โMisinformedโ and Ultimately Toothless Letter to Fidelityโs Abby Johnson, Criticizing Firmโs New Bitcoin-Inclusive 401(k) Menus โ Marcia...
Are You Ready for the SECโs New Marketing Rule?
Are You Ready for the SECโs New Marketing Rule? โ Seth Gaudreau and Steve Wilkes, National Association of Plan Advisors (NAPA), May 6, 2022 (PDF)
White Paper: SEC Marketing Rule
SEC Marketing Rule Insights By Seth Gadreau and Stephen Wilkes With the U.S. Securities and Exchange Commission (โSECโ) November 4, 2022, date for full compliance with its โMarketing Ruleโ (found...
November SEC Advertising Rule Compliance Date Fast Approaching
November SEC Advertising Rule Compliance Date Fast Approaching โ Seth Gaudreau and Steve Wilkes, PLANADVISER, May 5, 2022 (PDF)
Are Brokerage Windows an Effective Way of Limiting Fiduciary Risk After Hughes v. Northwestern?
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...
Would A Brokerage Window Limit An ERISA Planโs Fiduciary Risk?
Would A Brokerage Window Limit An ERISA Planโs Fiduciary Risk? โ Barry Salkin and Mark Greenstein, Financial Advisor Mag, May 4, 2022 (PDF)
IRS Announces 2023 Limits for HSAs, HDHPs and Excepted Benefit HRAs
The IRS has announced the cost-of living adjustments to the applicable dollar limits for health savings accounts (โHSAsโ), high deductible health plans (โHDHPsโ) and excepted benefit health...
Wagner Law Lures ERISA Expert Back From BNY Mellon
Wagner Law Lures ERISA Expert Back From BNY Mellon โ John Sohn, Law360 May 3, 2022 (PDF)
Attorney John Sohn Returns to The Wagner Law Group
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
Employers Cautioned as Suits Over COBRA Coverage Notices Add Up โ Roberta Watson, Bloomberg News, April 29, 2022 (PDF)
IRS Announces Spike in 2023 Limits for HSAs and High-Deductible Health Plans
IRS Announces Spike in 2023 Limits for HSAs and High-Deductible Health Plans โ SHRM, April 29, 2022 (PDF)
White Paper:ย Proposed Changes to Prohibited Transaction Exemption Procedures
By: Stephen P. Wilkes, Partner; Mark Greenstein, Of Counsel DOL PROPOSES TOUGHER PROHIBITED TRANSACTION EXEMPTION PROCEDURES ย LAW The Employee Retirement Income Security Act of 1974, as amended...
Employers Act as Fiduciaries When Managing Premium Payments for Benefit Plan
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...
Wagner Law Group Legal Opinion of RightBridge Form 5500 Fee Methodology
Wagner Law Group Legal Opinion of RightBridge Form 5500 Fee Methodology โ CaiptalROCK, April 26, 2022
Plain, Ordinary Meaning v. Literal Meaning
Plain, Ordinary Meaning v. Literal Meaning โ Barry Salkin, Journal of Deferred Compensation and Benefits: Nonqualified Plans and Deferred Compensation, Vol. 27, n0. 3, Spring 2022 (PDF)
Longstanding IRS Administrative Practice Invalidated
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.ย In other...
The Fight to Protect Consumers Against Bad Investment Advice is Advancing, But Slowly
The Fight to Protect Consumers Against Bad Investment Advice is Advancing, But Slowly โ Marcia Wagner, CNBC, April 16, 2022 (PDF)
IRS Proposes Change in Eligibility Provisions for ACA Premium Tax Credit
The IRS has issued a proposal that would amend the existing Affordable Care Act (โACAโ) regulations regarding eligibility for the lawโs premium tax credit (โPTCโ) to provide that the affordability...
IRS Issues Proposed Regulations for Required Minimum Distributions Under the SECURE Act
The SECURE Act (the โActโ) made two major changes to the required minimum distribution rules under Internal Revenue Code (โCodeโ) Section 401(a)(9): it extended the required beginning date for...
IRS Issues Proposed Regulation to Give SECURE Act MEPS โBad Appleโ Relief
On March 28, 2022, the IRS issued a notice of proposed rulemaking to add a new section -ย 26 CFR section 1.413-3 Special Rules for Section 413(e) Plans - to the Code of Federal Regulations (CFR). 87...
Webinar – Mandates Beyond the Advisers Act: Anti-Money Laundering, ERISA and โ34 Act Section 13 Reporting for Investment Advisers
Click here for details
HHS Increases Civil Monetary Penalties for Certain HIPAA and ACA Violations
The Department of Health and Human Services (โHHSโ) has published updated civil penalties.ย The new penalty amounts, which became effective March 17, 2022, apply to violations occurring on or after...
Grayscale CEOโs Threatened Lawsuit Against the SEC, in Case it Rejects His Firmโs Spot-Bitcoin ETF Application
Grayscale CEOโs Threatened Lawsuit Against the SEC, in Case it Rejects His Firmโs Spot-Bitcoin ETF Application โ Ari Sonneberg, RIABiz, April 1, 2022 (PDF)
Rhode Island Employment Law 2022
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...
Forthcoming Developments and Employee Benefits – RightBRIDGE Summit
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
Massachusetts, Pennsylvania and New Jersey Taxpayers Beware:ย Donโt Let a Mismatch between Your Stateโs Tax Laws and the Federal Rules for Deducting Contributions Result in Overpaying Your State Tax...
Event – Recent Developments in Estate Planning, Trust and Estate Administration, and Fiduciary Litigation
Recent Developments in Estate Planning, Trust and Estate Administration, and Fiduciary Litigation - Christopher Suh, panelist, Massachusetts Continuing Legal Education (MCLE) 23rd Annual Estate...
Firing After FMLA Leave Did Not Violate FMLA
The Seventh Circuit Court of Appeals, in Anderson v. Nations Lending Corporation, has ruled that an employerโs decision to terminate an employee after returning from FMLA leave did not violate the...
Ninth Circuit Finds Welfare Plan Did Not Abuse Its Discretion In Denying Benefits
The Ninth Circuit Court of Appeals, in Alves v. Hewlett-Packard Comprehensive Benefits Plan, has found that a welfare benefit planโs claims administrator did not abuse its discretion in denying a...
ERISA Considerations In Using Brokerage Window Investing – LAW360
ERISA Considerations In Using Brokerage Window Investing - Law360, March 10, 2022 (PDF)
President Continues COVID Extensions
Reasoning that โthe COVID-19 pandemic continues to cause significant risk to the public health and safety of the Nation,โ President Biden has extended the COVID-19 National Emergency, which was...
People on the Move: International Womenโs Month
People on the Move: International Womenโs Month โย Marcia Wagnr, Boston Business Journal,ย March 8, 2022 (PDF)
People on the Move: International Womenโs Month
People on the Move: International Womenโs Month โ Boston Business Journal,ย March 8, 2022 (PDF)
Alternative Investments in Participant Directed Individual Account Plans: The Treatment of Private Equity Sleeves
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...
Employerโs Recertification Requirement Doesnโt Interfere with Employeeโs FMLA Rights
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 employeeโs need for leave under the Family and...
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...
IRS Releases Revised Guidance on Medical and Dependent Care Expenses
The IRS has released the 2021 editions of Publication 502, โMedical and Dental Expensesโ and Publication 503, โChild and Dependent Care Expenses.โ Publication 502 (โPub. 502โ).ย Pub. 502 defines...
Retirement Plans:ย 2022 Opportunities
Retirement Plans:ย 2022 Opportunities โ Marcia Wagner, 401(k) Advisor, February 2022
409A Checklist for Employment Agreements
It has been over 15 years since Congress enacted Internal Revenue Code ยง409A, and compliance has become generally routine for traditional deferred compensation and other non-qualified plans. Most...
Employer Must Provide Retroactive Coverage and Pay Penalties for COBRA Election Notice Violations
The U.S. District Court of Michigan, in Buford v. General Motors, L.L.C., has concluded that an employerโs conduct violated COBRA election notice requirements and warranted the imposition of...
COVID-19 Long-Haulers May Have Tough Time Getting Long-Term Disability Benefits
COVID-19 Long-Haulers May Have Tough Time Getting Long-Term Disability Benefits โ 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 โSchwab’
Charles Schwab & Co. registers TD Ameritrade brokers to rep Schwab products and to retain clients who chose to convert to โSchwabโ โ Ari Sonneberg, RIABiz, February 8, 2022 (PDF)
New Lawsuit in 5th Circuit Challenges Revised DOL Fiduciary Rule
New Lawsuit in 5th Circuit Challenges Revised DOL Fiduciary Rule โ Stephen Wilkes, WealthManagement.com, February 7, 2022 (PDF)
New York is About to Force a Lot of Insurer Salary Data Into the Open
New York is About to Force a Lot of Insurer Salary Data Into the Open โ Katherine Brustowicz, Life Annuity Specialist, February 4, 2022
Supreme Court Ruling Could Curtail High-Cost Retirement Plan Options
Supreme Court Ruling Could Curtail High-Cost Retirement Plan Options โ Marcia Wagner, Barrons, February 4, 2022 (PDF)
FMLA-Eligible Employee May Be Terminated for Violating Employerโs Leave Policy
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 employerโs leave policy despite the fact...
DOL โClarifiesโ Guidance on Private Equity Investments In Defined Contribution Plans
It has been a frequently stated observation that the policy position of the Department of Labor (โDOLโ) on pension issues may vary a bit with the party occupying the White House.ย A recently issued...
Caution Clients Against IRA Asset Class Mistakes
Caution Clients Against IRA Asset Class Mistakes โ Barry Salkin, PLANADVISER, February, 1, 2022 (PDF)
Hughes v. Northwestern Bottom Line: Harder to Dismiss Cases
Hughes v. Northwestern Bottom Line: Harder to Dismiss Cases โ Marcia Wagner, 401(k) Specialist, February 1, 2022 (PDF)
Tax Court Rejects Aggressive IRA Strategy
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 (โIRAsโ). The recent Tax Court case...
Supreme Court Ruling Puts 401(k) Fiduciaries on Guard
Supreme Court Ruling Puts 401(k) Fiduciaries on Guard โ Marcia Wagner, SHRM, January 28, 2022 (PDF)
Insurer Cannot Terminate LTD Benefits Without Additional Information
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 (โLTDโ) benefits cannot be terminated by an insurer...
SEC Expects to Focus on Cybersecurity in 2022
The U.S. Securities and Exchange Commission (โSECโ) has focused on cybersecurity under the Biden administration and it is expected to be one of its top priorities for the coming year.ย The SECโs...
The Wagner Law Group Now Has 11 Fellows of the American College of Employee Benefits Counsel โ A Nationwide High
We are very proud to share that our firm now includes 11 Fellows of the prestigious American College of Employee Benefits Counsel.ย Fellows of the American College of Employee Benefits Counsel...
Massachusetts Investigating Sales of Target Date Funds to Retail Investors After Word of Surprise Tax Bills
Massachusetts Investigating Sales of Target Date Funds to Retail Investors After Word of Surprise Tax Bills โ Marcia Wagner, Financial Planning, January 26, 2022 (PDF)
Cybersecurity A Major SEC Focus in 2022
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?
After Supreme Court Ruling, Are TDFs A Ticking Time Bomb Of Fiduciary Liability? โ Marcia Wagner, FiduciaryNews, Januaey 25, 2022 (PDF)
Stephen P. Wilkes Appointed as Chief Legal Officer of The Wagner Law Group
We are delighted to announce that partner, Stephen P. Wilkes, has been designated as our firmโs Chief Legal Officer.ย Excellent leadership structure is vital as our firm continues to grow, and Steve...
Plans Must Cover Over-the-Counter COVID Tests
The Department of Labor, Department of Health and Human Services, and the IRS (the โAgenciesโ) have issued Frequently Asked Questions #51 (โFAQsโ) regarding implementation of the Families First...
DOL โClarifiesโ Guidance on the Bonding Requirements to PEPS and Their Pooled Plan Providers
DOL โClarifiesโ Guidance on the Bonding Requirements to PEPS and Their Pooled Plan Providers โ Marcia Wagner, 401(k) Advisor, January, 2023
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 nationโs premier PBGC-focused law firm, will be joining our Washington, D.C. office, where partner and former PBGC...
Entire Keightley & Ashner Team to Join The Wagner Group
Entire Keightley & Ashner Team to Join The Wagner Group โ January 12, 2022 Today in Law; Massachusetts Business Journal; Finance Industry Today; BenefitsLink
HHS Reaffirms That Discrimination on Basis of Sex Under ACA Section 1557 Includes Discrimination Based on Sexual Orientation and Gender Identity
By Roberta Casper Watson, Dannae Delano and Barry Salkin New guidance from the Department of Health and Human Services (โHHSโ) affirms that Section 1557 of the Affordable Care Act (the โACAโ), by...
Whoโs watching the money?
Whoโs watching the money? โ Marcia Wagner, Chicago Business Journal, January 4, 2022 (PDF)
PCORI Fee Announced
IRS has released Notice 2022-4, which provides the โapplicable dollar amountโ for the Patient-Centered Outcomes Research Institute (โ PCORIโ ) fee for plan years ending before October 1, 2022....
Insurer Need Not Defer to Participantโs Physician or Government Agency Decisions
The Seventh Circuit Court of Appeals has ruled, in Feeney v. Unum Life Insurance, that an insurance company need not defer to either a participantโs treating physician or governmental agencies when...
Prepare for Shot-or-Test Mandate Inspections
Earlier this week a Federal Court panel revived the Covid-19 emergency temporary standard (ETS).ย Now, litigation challenging the emergency shot-or-test mandate is making its way to the United States...
Agencies Issue Interim Final Regulations on Prescription Drug and Health Care Spending Data Submission by Group Health Plans and Health Insurance Issuers
Section 204 of Title II of Division BB (โSection 204โ) the Consolidated Appropriations Act, 2021 (the โActโ) requires group health plans and health insurance issuers offering group health insurance...
The Wagner Law Group Ranked “Tier 1” ERISA And Employee Benefits Law Firm For 2022
๏ปฟ
Christopher H. Suh Listed Among Boston’s Top Lawyers Of 2021
๏ปฟ
McKinsey’s $31-Billion RIA for McKinsey Staffers Pays $18 Million Fine
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
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
Increased Contribution Requirement Upon Retirement is a COBRA Qualifying Event
The Fifth Circuit Court of Appeals has confirmed, inย Randolph v. East Baton Rouge Parish School System, that a change in required contributions upon retirement is a COBRA qualifying event. Facts.ย An...
2021 ERISA/EMPLOYEE BENEFITS LEGAL COMPLIANCE CHECKLIST
Tax Qualified Plans Plan document: Required amendments 401(k) and 403(b) plans โ Amendments to comply with the IRS final hardship distribution regulations must be adopted by December 31, 2021...
Is PBGC Adding โEarly Warningโ and โFollow-Onโ to its Toolbox for Multiemployer Plans?
By Israel Goldowitz Corporate sponsors of defined benefit pension plans may be familiar with the Pension Benefit Guaranty Corporationโs (PBGC) Early Warning program and its Follow-on policy. Under...
Will the Supreme Court Give Plan Sponsors Any Relief From Excessive Fee Lawsuits?
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
EBSA Will Continue to Prioritize Finding Missing Participants - Marcia Wagner, Pensions & Investments, December 13, 2021
Retirement Plan Post-2021 Opportunities
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 โ Employers...
Biden Fiduciary Definition Moves Could Wrap In Annuities, IRAs
Biden Fiduciary Definition Moves Could Wrap In Annuities, IRAs - Susan Rees, Bloomberg Law, December 3, 2021
Rollovers In The Crosshairs
Rollovers In The Crosshairs - Kim Shaw Elliott, InusurnaceNews.net, December 1, 2021
CMS Announces Medicare Part A Deductibles and Part B Premiums for 2022
The Centers for Medicare & Medicaid Services (โCMSโ) has announced the 2022 premiums, deductibles and coinsurance amounts for the Medicare Part A and Part B programs. Medicare Part A covers...
Agencies Issue Two Rounds of No Surprise Billing Guidance
By Roberta Casper Watson, Dannae Delano and Barry Salkin The No Surprises Act (โActโ), part of the Consolidated Appropriations Act, 2021, enhances the ACAโs consumer protections by prohibiting...
Year End Reminders for Retirement Plans 2021 Edition
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....
The Fiduciary Rule Rides Again
The Fiduciary Rule Rides Again - Stephen Wilkes, live complimentary webinar for Foreside, November 10, 2021, 1:00 PM (EST) - Recording available here
Multiple Employer Welfare Arrangement in California Allowed to Continue Large Employer Rating for Small Employers Per New California State Legislation
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.ย The Beyond Benefits Life Science...
IRS Releases 2022 Welfare Benefit Plan Limits
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...
Department of Labor Action Sends a Message to Plan Fiduciaries & Retirement Committees
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,...
Practice Progress: Development of PEPs in 2021ย
Practice Progress: Development of PEPs in 2021ย - Susan Rees, PLANADVISER, November 15, 2021
Attorney: DOL’s Interpretation of Fiduciary Rule More Expansive Than Ever
Attorney: DOL's Interpretation of Fiduciary Rule More Expansive Than Everย - Stephen Wilkes,ย WealthManagement.com, November 10, 2021 (PDF)
Insurer Not Bound By Employerโs Errors
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...
Retirement Plans in Bankruptcy
Retirement Plans in Bankruptcyย - Thomas Clark, Jr., Israel Goldowitz and Jordan Mamorsky,ย Thomson Reuters Practical Law, November 5, 2021
Retirement Industry People Moves
Retirement Industry People Movesย - Zach Meth,ย PLANSPONSOR, November 5, 2021 (PDF)
Service Provider Collaboration and the DOLโs Cybersecurity Guidance
Service Provider Collaboration and the DOLโs Cybersecurity Guidanceย - Jon Schultze, Susan Rees and Barry Salkin, November 5, 2021 (PDF)
Employer May Terminate Employee Because It Corrected FMLA Irregularities
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...
IRS Announces Cost-of-Living Adjustments Affecting Retirement Plans for 2022
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...
Getting Retirement Plan Help From the IRS
Getting Retirement Plan Help From the IRS - Ari Sonneberg, PLANSPONSOR, November 3, 2021
Misuse of Participant Confidential Data
As we explained in our recent Law Alert, the Department of Labor (โDOLโ) has become highly focused on the cybersecurity practices of plan sponsors and their service providers and has begun asking...
Mini Law School for Massachusetts HR Professionals
Mini Law School for Massachusetts HR Professionals- ย - David Gabor and Katherine Brustowicz, panelists, National Business Institute live, online, HR-credit and CPE-credit seminar, November 1, 2021,...
DOL Investigations of Employee Benefit Plans: Responding to Enforcement Actions, Audits, and Settlements
DOL Investigations of Employee Benefit Plans: Responding to Enforcement Actions, Audits, and Settlementsย - Strafford live CLE webinar, November 10, 2021, 1:00 - 2:30 PM (EST) -ย Click here for...
Employer-Sponsored Health Plan Federal Regulation: ACA, COBRA, ADA, GINA, CAA, MHPAEA, Reporting Requirements
Employer-Sponsored Health Plan Federal Regulation: ACA, COBRA, ADA, GINA, CAA, MHPAEA, Reporting Requirements -ย Roberta Casper Watson and Dannae Delano, panelists, Strafford, live CLE webinar,...
How to Legally Handle Bad Egg Employees
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
DOL Investigations of Employee Benefit Plans: Responding to Enforcement Actions, Audits, and Settlements November 11, 2021
Department of Labor Provides Temporary and Limited Relief to Investment Advice Fiduciaries
On October 25, the DOL issued a temporary enforcement policy related to Prohibited Transaction Exemption (โPTEโ) 2020-02, an exemption for investment advice fiduciaries with respect to employee...
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
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
UPDATE: Does Your Plan use a LIMITED SCOPE AUDIT for Form 5500 Financial Reporting?
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...
Further Thoughts on the DOLโs Informal Guidance on Cybersecurity
As described in our May 3, 2021 Alert, the Department of Laborโs (โDOLโs") informal guidance left many unanswered questions on cyber breaches involving the theft of assets in a participantโs...
DOL Drops โBombโ On Advisors Who Give Advice To IRA Owners
DOL Drops โBombโ On Advisors Who Give Advice To IRA Owners - Km Shaw Elliott, InsuranceNewsNet, October 22, 2021
EEOC Issues COVID FAQs
The EEOC has issued Frequently Asked Questions (โFAQsโ) on the enforcement of various Equal Employment Opportunity (โEEOโ) laws with regard to COVID.ย These laws include the Americans with...
Department of Labor Issues Proposed Changes to Investment Duties Rule Under ERISA
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...
What Mandatory Auto-Enrollment IRAs Actually Mean
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
Merging Global and Local U.S. HR Functions and Outsourcing Initiativesย - David Gabor, Lorman HR-credit webinar, October 13, 2021, 1:00 - 2:00 PM (EDT) -ย Click here for details
So, You Are a Wealth Manager and You Think ERISA Does Not Impact Your Rollover Advice to IRA Owners? Think Again. Now.
New interpretations voiced in the Department of Laborโs (โDOLโ) Prohibited Transaction Exemption 2020-02 (the โInvestment Advice PTEโ) could be a bomb that hits squarely on unwary wealth managers...
Bankruptcy And Restructuring Practice Area Description
Employee Stock Ownership Plans (ESOPs) Practice Area Description
Investment Management Practice Area Description
The National Association of REALTORSยฎ, et. al.
The Coalition to Protect and Promote Association Health Plans joined with AssociationHealthPlans.com
Private Determination Letter Program
Congress Considers Mandatory Auto-Enrollment IRAs
All eyes are on Congress as it wrestles with a $1 trillion infrastructure bill and a $3.5 trillion budget reconciliation bill.ย The House Ways and Means Committee markup of the reconciliation bill...
HIPAA Privacy and COVID-19 Vaccinations
The Department of Health and Human Services (โHHSโ), in a series of Qs & As, has stated that the HIPAA Privacy Rules do not prohibit covered entities and business associates from asking whether...
Retirement Industry People Moves
Retirement Industry People Moves - PLANSPONSOR, October 1, 2021
Pooled Employer Plans
What Employers Need to Know About Bidenโs COVID-19 Action Plan and Vaccine Mandate
President Biden recently issued a six-pronged action plan that requires vaccines for employees of federal contractors and employers with 100 or more employees, and an executive order requiring all...
Court Finds โNo Harm No Foulโ Where Employee Fails to Show She Suffered Harm from FMLA Violation
The U.S. District Court of Montana, in Jergens v. Marias Medical Center, has dismissed an employeeโs claim for FMLA violations by her former employer because the employee failed to show that she...
Asset Manager Mergers Can Warrant Fresh Looks From Plan Sponsors
Asset Manager Mergers Can Warrant Fresh Looks From Plan Sponsors - Stephen Wilkes, Bloomberg Law, September 22, 2021
The DOLโs New Cybersecurity Audits and Informal Guidance
Recently, the Department of Labor (โDOLโ) has become highly focused on the cybersecurity practices of plan sponsors and their service providers.ย Perhaps in response to the growing number of ERISA...
Do You Have Questions About How To Comply With The New DOL Fiduciary “Investment Advice” Prohibited Transaction Exemption? Part 2
Recordkeeper Consolidation: Plan Sponsor 30-Minute Special Briefing
Recordkeeper Consolidation: Plan Sponsor 30-MinuteSpecial Briefing - Stephen Wilkes, Institutional Investment Consulting free webcast, September 14, 2021 - Click Here for details and registration
Court Decision Highlights Importance of Complying with ERISAโs โOther Instruments Ruleโ for Document Disclosures
The U.S. District Court of Utah has confirmed, in M.S. v. Premera Blue Cross, that a plan administrator for a self-insured group health plan violated ERISAโs disclosure requirements in its response...
IRS Guidance for Plan Sponsors on ARPAโs Effect on Funding for Plan Years 2020 and 2019
As we advised in Important Benefit Plan Provisions of the American Rescue Plan Act of 2021, in the American Rescue Plan Act of 2021 (ARPA), Congress provided funding relief for single-employer...
Look Beyond the Label when Exploring ESG Investment Options
Look Beyond the Label when Exploring ESG Investment Optionsย - Thomas Clark, Jr.,ย Lord Abbot, September 9, 2021
IRS Releases ACA Affordability Rates for 2022
The Internal Revenue Service has issued Revenue Procedure 2021-36 to implement the 2022 index adjustments for certain Affordable Care Act (โACAโ) contribution percentages used to determine...
Creating Effective Diversity, Equity, and Inclusion Initiatives
Creating Effective Diversity, Equity, and Inclusion Initiativesย - David Gabor and Katherine Brustowicz, Clear Law Institute CLE and HR-credit webinar, September 8, 2021, 1:00 - 2:15 PM (EDT) -ย Click...
AD&D Plan Not Subject to State Health Insurance Law
The U.S. Court of Appeals for the Eighth Circuit has ruled, in Williams v. Unum Life, that a state law regulating health insurance policies does not apply to an accidental death and dismemberment...
Do You Have Questions About How To Comply With The New DOL Fiduciary “Investment Advice” Prohibited Transaction Exemption? Part 1
IRS Updates Guidance Regarding Correction of Tax-Qualified Plan Errors under the Employee Plans Compliance Resolution System (EPCRS)
Mistakes happen, even with respect to tax-qualified plans and 403(b) plans that have implemented internal controls designed to reduce, if not eliminate, the likelihood of plan failures. Under the...
Mental Health Parity is Finally Being Enforced
On August 12, 2021, the U.S. Department of Labor (โDOLโ) issued a press release regarding a groundbreaking settlement reached with United Healthcare Insurance Co., United Behavioral Health and...
Employerโs Leave Policies Required It to Provide Paid Military Leave
The Third Circuit Court of Appeals has ruled, in Travers v. Federal Express, that the Uniformed Services Employment and Reemployment Rights Act (โUSERRAโ) requires employers to provide paid leave to...
FSA Debit Card Substantiation Rules
The IRS has released Information Letter 2021-0013 to reconfirm the substantiation rules for debit card use in health care flexible spending account plans (โFSAsโ). Law.ย Health care FSAs may issue...
What Do Advisors Absolutely Need to Know About ERISA-Related Issues?
What Do Advisors Absolutely Need to Know About ERISA-Related Issues? Marcia Wagner Explainsย -ย 401(k) Specialist, August 9, 2021
Prepare Clients for a Litigious 401(k) Environment
Prepare Clients for a Litigious 401(k) Environmentย - Jordan Mamorsky,ย AccountingWeb, August 4, 2021
IRS Sheds Some Clarity on COBRA Premium Assistance
The American Rescue Plan Act of 2021 (ARPA) provides for a six-month period between April 1, 2021 and September 30, 2021, during which certain participants eligible for COBRA continuation coverage...
Some Additional Standing Issues Under ERISA
SEC Extracts $96M Settlement from TIAA Subsidiary for Rollover Practices – This is Only the Beginning
The Securities and Exchange Commission (โSECโ) beat the Department of Labor (โDOLโ) to the punch and announced a major settlement with a broker dealer arising from its rollover practices.ย In what is...
Court Settles Dispute When Employer Switches LTD Insurer
The Fifth Circuit Court of Appeals has determined, in Talamantes v Metropolitan Life Insurance Company, that a long-term disability (โLTDโ) insurer was responsible for benefit payments even though a...
Agencies Issue Regulations Restricting Surprise Billing
The Biden administration, through HHS, DOL, IRS and the Office of Personnel Management (collectively, the โAgenciesโ), issued an interim final rule that aims to restrict excessive out-of-pocket...
Court Rejects Health TPAโs Cross-Plan Offsetting Practice
The U.S. District Court for the District of New Jersey, in Lutz Surgical Partners PLLC v. Aetna, Inc., has ruled that a group health plan administrator (โTPAโ) cannot offset overpayments made to a...
Best Practices for Promoting a Positive Work Environment for Multigenerational Workforces
๏ปฟ Recording available here
DOL Says Claimant May Request Phone Call Recordings Relevant to Benefits Claim
The DOL has stated in a June 14, 2021 Information Letter, that under ERISA claims procedures, a participant must be given audio recordings of telephone conversations that are relevant to his claim...
Court Says No Specific Wording Required in Plan Document to Give Plan Discretionary Claims Authority
The Second Circuit Court of Appeals, in Tyll vs. Black and Decker Life Insurance Program, has ruled that a plan document is not required to use any specific language in order to give the plan...
IRS Announces 2022 HSA and HRA Limits
The IRS has announced the 2022 calendar year dollar limits for health savings account (โHSAโ) contributions, the minimum deductible amounts and maximum out-of-pocket expenses for high deductible...
Primer on the Codeโs Required Minimum Distribution Rules: Post-SECURE Act
Court Confirms Participant Must Exhaust Administrative Remedies Before Filing a Suit
The U.S. District Court for the Southern District of New York, in Benson vs. Tiffany and Company SPD, has ruled that a participant in an ERISA-governed group health plan may not proceed with her...
Do You Have Questions About How To Comply With The New DOL Fiduciary “Investment Advice” Prohibited Transaction Exemption? Part 2
Liability-Driven Investing and Other De-risking Strategies for Pension Plans
View Printable PDF This practice note discusses defined benefit plan de-risking techniques that defined benefit plan sponsors can use to manage the volatility inherent in defined benefit plan...
US Department of Labor Announces New Cybersecurity Guidance for Plan Sponsors, Plan Fiduciaries, Record-Keepers and Plan Participants
View Printable PDF
IRS Finally Releases Guidance Implementing COBRA Subsidies but Leaves Important Questions Unanswered
On May 18, 2021, the IRS issued Notice 2021-31 providing highly anticipated guidance for employers who must implement the COBRA rules under ARPA (as we described in ourย publicationย on March 17,...
Attorney Chrisotopher Suh Joins The Wagner Law Group
Must Death Distributions Under 10-Year Rule Be Taken Annually?
By Kimberly Shaw Elliott and Barry Salkin New Pub 590B Prompts Surprise Just in the nick of time for filing 2020 federal income tax returns, the IRS issued a revised Publication 590-B (2020),...
Employer Has Separate Obligations Under Workersโ Compensation and FMLA
The U.S. Court of Appeals for the Eleventh Circuit has ruled, in Ramji vs. Hospital Housekeeping Systems, that complying with the stateโs workersโ compensation laws does not absolve an employer from...
Court Finds Project Completion Incentive Plan Not an ERISA-Covered Severance Plan
The U.S. Court of Appeals for the Fifth Circuit has ruled in Atkins vs. CB&I, LLC, that a Project Completion Incentive (โPCIโ) plan which offered a bonus to employees upon termination of...
IRS Says Personal Protective Equipment Expenses are Qualified Medical Expenses
The IRS has issued Announcement 2021-7, which confirms that personal protective equipment (โPPEโ) such as masks, hand sanitizer, and sanitizing wipes purchased โfor the primary purpose of preventing...
Court Says Group Health Plan May Not Exclude Specified Autism Treatments
The District Court for the Northern District of California has ruled, in Doe v. United Behavioral Health, that the exclusion of certain specified procedures related to the treatment of autism...
American Rescue Plan Act Extends Tax Credits for COVID-19 Leave
On March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021 (โARPAโ).ย Among other provisions aimed at economic recovery, ARPA extends employer tax credit opportunities...
Important Benefit Plan Provisions of the American Rescue Plan Act of 2021
By Dannae Delano, Israel Goldowitz, Barry Salkin and Roberta Casper Watson Although not the primary focus of the American Rescue Plan Act of 2021 (โARPAโ) and, at least with respect to the...
How to Ensure Pay Equity for People of Color
How to Ensure Pay Equity for People of Color - David Gabor, SHRM HR Magazine, Spring 2021, March 11, 2021
Court Says Welfare Plan Fiduciary Breached Duties by Misusing Participant Contributions
A federal district court in the Western District of Virginia has held, in Hammer v. Johnson Senior Ctr., that the fiduciary for a welfare plan violated its duties of loyalty, care and prudence by...
Surprise DOL Guidance on Conclusion of One-Year ERISA Compliance Relief Period
By Dannae Delano and Barry Salkin Even with widespread bipartisan support, it can be difficult to draft legislation to address all possible contingencies. In the wake of the events of September 11,...
COVID-19 Resource Center
Below is a collection of vital COVID-19 resources that we have assembled to assist during this difficult time: ANNOUNCEMENTS The Wagner Law Group Creates COVID-19 Rapid Response Team and Resource...
IRS Guidance on Flexible Spending Account Relief Under CAA
The IRS has issued Notice 2021-15 (โNoticeโ) to provide clarification on the flexible spending account (โFSAโ) relief contained in the Consolidated Appropriations Act, 2021 (โCAAโ).ย The Notice also...
Employer Failed to Adequately Notify Participant of Group Life Insurance Conversion Rights
The Ninth Circuit Court of Appeals, in Estate of Foster v. American Marine Servs. Group Benefits Plan, has held that an employer failed to provide a former employee with adequate notice of the...
CMS Creates Additional Marketplace Special Enrollment Period
The Centers for Medicare & Medicaid Services (โCMSโ) has determined that the COVID-19 emergency presents exceptional circumstances for consumers in accessing health insurance, and will be...
EEOC Explains Application of ADEA to ICHRAs
On January 7, 2021 the Equal Employment Opportunity Commission (โEEOCโ) issued an opinion letter explaining the application of the Age Discrimination in Employment Act (โADEAโ) to individual...
Disclosure to Welfare Plan Participants: A Fiduciary Duty
View Printable PDF Introduction When ERISA was enacted in 1974, its primary focus was on employee pension plans, which is understandable since its enactment was a response to highly publicized...
Staying One Step Ahead: Advice for Employers in Addressing Anticipated Biden Administration Actions in the Employment Arena
๏ปฟ Recording Available Here
FAQs Discuss Expiration of Paid Sick and Family Leave Requirements
The Department of Labor has issued additional FAQs regarding the expiration of the requirement that employers provide paid sick and family leave under the Families First Coronavirus Response Act...
Do You Have Questions About How to Comply with the New DOL fiduciary โInvestment Adviceโ Prohibited Transaction Exemption?
By Stephen Wilkes and Susan Rees On December 15, 2020, the Department of Labor (DOL) issued class exemption 2020-02 (the PTE or Exemption) which provides conditional relief to fiduciaries who render...
Does the Recently Amended Investment Duties Regulation Change How Fiduciaries Are Expected to Make Investment Decisions for Employee Benefit Plans?
Introduction The more things change the more they stay the same. Or do they? This question should be on every employee benefit plan fiduciaryโs mind after January 12, 2021, when an amended U.S....
DOLโs Proxy Voting Regs Confirm Fiduciaries Need Not Vote on Every Proxy Proposal but Must Limit Voting Decisions to Economic Interests
By Kim Shaw Elliott The Department of Labor (โDOLโ) issued final regulations on December 11, 2020 about fiduciary duties for proxy voting, in its attempt to clarify many prior misunderstandings.ย Key...
EEOC Issues Proposed Regulations on Employer Wellness Programs
The Equal Employment Opportunity Commission (โEEOCโ) has issued two sets of proposed regulations that would change certain rules on how employer-sponsored wellness programs that require employees to...
DOL Clarifies Use of Telemedicine for Purposes of FMLA Leave
The Department of Labor (โDOLโ) has issued Field Assistance Bulletin (โFABโ) 2020-8 to provide guidance regarding the use of telemedicine in establishing a โserious health conditionโ under the...
The Wagner Law Group Announces New Florida Estate Planning Resources
Update to Connecticut Paid Family Medical Leave Act
Our January 6, 2021 law alert, An Overview of New Laws Impacting Employers in 2021, indicated that the Connecticut Paid Family Medical Leave Act (PFMLA) is effective July 1, 2021.ย The Connecticut...
Stimulus Package Makes Major Changes with Respect to Employer Sponsored Benefit Plans
By Dannae Delano, Barry Salkin and Roberta Casper Watson In a year-end piece of legislation intended to fund the federal government, especially one that is 5,593 pages in length, there is always the...
Significant Changes to Payroll Protection Program Made Under Consolidated Appropriations Act, 2021
One of the significant components of last yearโs Coronavirus Aid, Relief, and Economic Security (โCARESโ) Act was the Payroll Protection Program (โPPPโ) which was intended to provide relief for...
DOL Field Assistance Bulletin for FMLA Electronic Notices
The Department of Labor (โDOLโ) has issued Field Assistance Bulletin (โFABโ) 2020-7 to provide guidance on when, as a matter of enforcement policy, it will consider the electronic posting of the...
An Overview of New Laws Impacting Employers in 2021
As we usher in 2021, we should be mindful of new laws impacting the employer-employee relationship. ย Changes include increases to state minimum wage rates, the end of mandated FFCRA leave,...
Benefits Plan Sponsors Face A Tough Year On Compliance
View Printable PDF Given the chaos of 2020, many ushered in the new year with open arms. The pandemic, remote work and changing needs have created unique and novel challenges that have necessarily...
IRS Issues Final Regulations Under Code Section 162(m)
By Barry Salkin and Mark Poerio Section 162(m) of the Internal Revenue Code (โCodeโ) denies a deduction to a publicly held corporation for remuneration paid to a covered employee in any taxable year...
Arkansas Pharmacy Law Not Preempted by ERISA
In Pharmaceutical Care Management Association v. Rutledge, the U.S. Supreme Court has held that ERISA does not preempt an Arkansas statute that imposes rules on pharmacy benefits managers (โPBMsโ)....
Equal Employment Opportunity Commission Issues Guidance Regarding COVID-19 Vaccinations
On December 16, 2020, the Equal Employment Opportunity Commission (the โEEOCโ) updated and expanded its technical assistance publication by adding a new section about how required COVID-19...
Agencies Issue Final Grandfathered Group Health Plan Regulations
The Department of Labor, Department of Health and Human Services, and the IRS (collectively, the โAgenciesโ) have issued final regulations providing greater flexibility to plan sponsors that wish to...
Attorney Jay Beskin Joins The Wagner Law Group
IRS New Guidance on State Unclaimed Property Laws and IRS Helpful Reminders on Missing Participants
View Printable PDF By Susan Rees and Seth Gaudreau After years of public commentary, the Internal Revenue Service (IRS) addresses, for the first time, whether a plan should withhold income tax when...
IRS Explains โQualified Health Plan Expensesโ for Purposes of FFCRA Tax Credit
The IRS has issued FAQs to help employers determine the amount of โqualified health plan expensesโ for purposes of determining their tax credit under the Families First Coronavirus Response Act...
IRS Confirms Options for Unused Qualified Transportation Benefits Due to COVID-19
Facts. The IRS released Information Letter 2020-0024 in response to an inquiry it received from a qualified transportation plan participant with unused transit benefits due to COIVD-19. In...
PEPs Will be Up and Running by January 1, 2021
View Printable PDF On November 16, 2020, the U.S. Department of Labor (DOL) issued a final rule at 85 Federal Register 72934, providing an electronic filing procedure for interested entities to meet...
2021 Medicare Parts A & B Premiums and Deductibles
The Centers for Medicare & Medicaid Services (โCMSโ) has announced the deductibles, premiums and coinsurance amounts for Medicare Part A and Part B for 2021.ย Medicare Part A covers inpatient...
Agencies Issue Final Regulations Regarding Health Care Transparency
By Barry L. Salkin, Roberta Casper Watson, and Dannae Delano Last June, in Executive Order 13877, President Trump directed HHS, Treasury, and Labor (collectively, the โAgenciesโ) to solicit comments...
Agencies Issue Guidance on Coronavirus Diagnostic Testing and Immunizations
Section 6001 of the Families First Coronavirus Response Act (FFCRA) required group health plans and health insurance issuers to provide coverage for certain items and services including in vitro...
IRS Releases 2021 Welfare Benefit Plan Limits: Health FSA and HSA Limits Increase
The IRS has released Revenue Procedures 2020-45 and 2020-32, which set forth the 2021 inflation-adjusted limits for certain employee welfare benefit plans and the dollar amounts used for certain...
Presidential Memorandum Stirs Long-Simmering Pension Issues
Employee benefits law often involves interaction between Congress, the Executive Branch, and the courts.ย That calls for an understanding of the politics of law reform and regulation.ย A recent...
IRS Announces Cost-of-Living Adjustments Affecting Retirement Plans
The Internal Revenue Serviceย announced cost-of-living adjustments affecting certain dollar limitations for pension plans and other retirement-relatedย limitations forย 2021 inย Notice 2020-79. The...
Hiring and Promotions: Tips To Help Employers Avoid Legal Minefields
Recording Available Here
Courts Decides ACAโs Individual Out-Of-Pocket Limits Do Not Apply Retroactively
The U.S. District Court for the Southern District of New York, in Fisher v. Aetna Life Ins. Co., has upheld its prior determination that a beneficiary was required to meet the ACAโs family...
Courts of Appeal Split on Circumstances Where it is Appropriate to Override the Arbitrary and Capricious Standard of Review
The U.S. Court of Appeals for the Eighth Circuit has ruled, in McIntyre v. Reliance Standard Life, that a claims decision will be judged under the arbitrary and capricious standard despite the fact...
Court Says Third Party Administrator May Be Held Liable for ERISA Fiduciary Breach and Consumer Fraud in Connection With Abbott Plan Data Breach
Another court has decided which ERISA plan fiduciaries can be held liable in connection with a data breach of a plan participantโs account. On October 2, 2020, the Northern District of Illinois, in...
IRS Again Extends Deadline for ALEs to Furnish ACA Reporting Forms to Employees
The IRS has issued Notice 2020-76, which provides an automatic deadline extension for Applicable Large Employersโ (โALEโ) reporting obligations to employees under the Affordable Care Actโs (โACAโ)...
Federal Contractors and Diversity and Inclusion Training
On September 22, 2020, President Trump issued an Executive Order (the โOrderโ) stating that companies doing business with the federal government (โFederal Contractorsโ) are barredย from promoting...
The Wagner Law Group Asks DOL for Cybersecurity Guidance
By Stephen Wilkes and Livia Quan Aber We previously discussed cybersecurity best practices and provided the latest updates on recent ERISA cybertheft lawsuits here and here. With the proliferation...
Plan Participants Must be Informed of Plan Documents and Standards of Review
The Tenth Circuit Court of Appeals has ruled, in Lyn M. v. Premera Blue Cross, that the โarbitrary and capriciousโ standard cannot be applied to a plan administratorโs denial of a participantโs...
DOL Lifetime Income Disclosure Regulation
By Barry Salkin and Roberta Casper Watson In 2019, the SECURE Act amended Section 105 of ERISA.ย That section requires participant benefit statements to be distributed to participants and...
Employer May Be Held Liable for Service Providerโs Error
The Second Circuit Court of Appeals, in Sullivan-Mestecky v. Verizon Communications, Inc., has held that a plaintiff properly pled her breach of fiduciary duty claim for equitable relief against an...
DOL Responds to Decision of Southern District of New York Invalidating Four Provisions of the Family First Coronavirus Response Act
Byย Dannae Delano, Barry Salkin and Roberta Casper Watson On August 3, 2020, the District Court for the Southern District of New York ruled that four parts of the temporary rules adopted by the DOL...
Additional COVID-19 FAQs from the DOL About School Reopenings
The Department of Labor (โDOLโ) has issued additional Frequently Asked Questions (โFAQsโ) on the administration of Emergency Paid Sick Leave under the Families First Coronavirus Response Act...
IRS Issues Guidance on Qualified Birth or Adoption Distributions
View Printable PDF By Barry Salkin and Livia Quan Aber In 2020, most of the IRS guidance with respect to employee benefit plans has addressed issues arising under the CARES Act, but in recently...
Massachusetts Extends Annual Payroll Tax Exemption for Insured Plans
The Massachusetts Department of Family and Medical Leave has announced that the โannualโ payroll tax exemptions received by employers for insured plans under the Paid Family and Medical Leave Law...
Ninth Circuit Rejects Request for Attorneyโs Fees in ERISA Administrative Appeal
The Ninth Circuit Court of Appeals has held, in Castillo v. Metropolitan Life Ins. Co., ย that ERISA does not authorize an award of attorneyโs fees incurred during the administrative phase of the...
DOL Issues Proposed Regulations Establishing Registration Requirement for Pooled Plan Providers
By Barry Salkin and Susan Rees One objective of the Setting Every Community Up for Retirement Enhancement (โSECUREโ) Act, which was enacted on December 20, 2019, was to expand retirement savings....
IRS and PBGC Provide Guidance on CARES Act Relief for Funding of Single Employer Defined Benefit Plans
By Barry Salkin and Livia Quan Aber One objective of the Coronavirus Aid Relief and Economic Security Act (โCARES Actโ) was to provide relief to sponsors of tax-qualified defined benefit plans....
DOL Releases New FMLA Forms
The U.S. Department of Labor (โDOLโ) has released updated Family and Medical Leave Act (โFMLAโ) forms. Background.ย Certain posters and forms are required under the FMLA to inform employees of their...
August 31, 2020 IRS Deadlines Approaching
By Jon C. Schultze and Kimberly Shaw Elliott An August 31, 2020, deadline to take advantage of temporary relief provided by the Internal Revenue Service (โIRSโ) to (i) individuals, and (ii) sponsors...
Federal District Court Invalidates Portions of the Final DOL Rules Implementing the Paid Leave Provisions of the Family First Coronavirus Response Act (FFCRA)
By Dannae Delano, Barry Salkin and Roberta Casper Watson The federal District Court for the Southern District of New York invalidated parts of ย the DOLโs final rules implementing the paid leave...
Proposed Changes to DOL Fiduciary Investment Regulation: What You Should Know and How The Wagner Law Group Responded
By Barry Salkin and Stephen Wilkes The Department of Labor (โDOLโ) is poised to significantly change its rules on how ERISA plan fiduciaries should evaluate investment opportunities. The employee...
Divorce in the Age of Corona, Part 1: Parenting Plans
Parents who were in the midst of the divorce process when the pandemic began, or who have only recently decided to separate, recognize that the parenting arrangements they develop for today may not...
Employees May Choose Between Profit Sharing Plan and HRA Contributions
In Private Letter Ruling 202023001, the IRS has ruled that collectively bargained employees can allocate employer contributions between a profit sharing plan and a health reimbursement arrangement...
Do Employers Need COVID-19 Waivers?
Employers who are considering resuming their operations (or employers who have already resumed operations) should consider the benefits of putting in place a COVID-19 waiver for employees and...
IRS Releases ACA Affordability Rates for 2021
The Internal Revenue Service has issued Revenue Procedure 2020-36 to implement the 2021 index adjustments for certain Affordable Care Act (โACAโ) contribution percentages used to determine...
Additional COVID-19 FAQs from the DOL
The Department of Labor (โDOLโ) has issued additional Frequently Asked Questions (โFAQsโ) on the administration of Emergency Paid Sick Leave (โEPSLโ) and Emergency Family and Medical Leave (โEFMLAโ)...
Independent Analysis of EEO-1 Component 2 Pay Data
On July 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it is funding an in-depth statistical analysis on the EEO-1 Component 2 pay data collected for FY 2017 and...
Agencies To Provide More Flexibility for Grandfathered Group Health Plans
The Department of Labor, Department of Health and Human Services (โHHSโ), and the IRS (collectively, the โAgenciesโ) have issued proposed regulations that would provide greater flexibility for plan...
What You Need to Know About the SEC’s New Form CRS
On June 30, 2020, the Securities and Exchange Commissionโs (โSECโ) new โrelationship summary,โ known as Form CRS, took effect.ย Form CRS โ which broker-dealers and SEC-registered investment advisers...
The Wagner Law Group Receives IRS Approval of its Defined Contribution Plan
The Wagner Law Group is pleased to announce that we have received IRS approval of our non-standardized defined contribution plan document, further bolstering our firmโs position at the forefront of...
The DOLโs Final Regulations on E-Disclosure of Retirement Plan Documents Become Effective Soon โ Are You Ready?
By Livia Q. Aber and Barry Salkin In August 2018, President Trump issued Executive Order 13847, Strengthening Retirement Security in America, one portion of which asked government agencies to...
Multiemployer Plan Withdrawal Liability Assumptions Under Attack
Three recent decisions illustrate the threats facing multiemployer plans as they struggle to collect withdrawal liability while trying to forestall insolvency. We covered those issues here. In...
Plan Sponsor and Service Provider Submit Dueling Motions to Dismiss in Response to Data Breach Suit
Further demonstrating the lack of clarity on who is liable when a plan suffers a data breach, on June 30th, Abbott Laboratories and Alight Solutions, pointed fingers at each other in dueling motions...
COVID-19 Leave and Summer Camp Closures
The Department of Labor (โDOLโ) has issued Field Assistance Bulletin No. 2020-4 ("FAB 2020-4") to provide guidance on when an employee may take paid leave under the Families First Coronavirus...
How Employers Can Create Effective Diversity and Inclusion Initiatives
Recording available here
DOL Reinstates Five-Part Fiduciary Status Test and Proposes Class Exemption
By Livia Quan Aber, Barry Salkin and Stephen Wilkes On June 29, 2020, the DOL issued a rulemaking package consisting of a final rule (“Final Rule”) implementing the vacatur of the...
Multiple Employer Plans and Participating Employers Given the Opportunity to Contribute to Guidance Development on Pooled Employer Plans under the SECURE Act
On June 18, 2020, the Department of Labor took the next step toward providing guidance for multiple employer plans (MEPs) by issuing a Request for Information (RFI) seeking public comment on whether...
Agencies Issue Further Guidance on COVID-19
The Department of Labor, Department of Health and Human Services, and the IRS (the โAgenciesโ) have issued Frequently Asked Questions #43 (โFAQsโ) regarding implementation of the Families First...
1557 Rule Changes and Bostock
The Department of Health and Human Services (โHHSโ) announced on June 12, 2020, as part of a new final regulation (the โFinal Ruleโ), that it had eliminated Obama-era nondiscrimination rules under...
Massachusetts Announces Individual Mandate Figures for 2021
Although the penalties under the Affordable Care Actโs individual mandate were eliminated in 2017, Massachusetts has continued its own individual health insurance mandate as well as associated...
Roundtable Discussion on Effective Work-Related Communication
Recording available here
IRS Issues Guidance on COVID-19 Leave Donation Programs
The IRS has issued Notice 2020-46 to explain the tax consequences of employer-based COVID-19 leave donation programs. Background.ย The IRS recognized that, in response to the need to provide relief...
DOL Offers Guidance to Fiduciaries Considering Private Equity Investments in Defined Contribution Plans
By Barry Salkin, Livia Quan Aber and Stephen Wilkes One of the key tasks for fiduciaries of a participant-directed individual account plan is selecting appropriate investment options.ย Reminding...
ACA Out-of-Pocket Limit and PCORI Fee Announced
HHS and IRS have announced inflation-adjusted out-of-pocket (โOOPโ) limits that will apply to non-grandfathered health plans for plan years beginning in 2021, and the indexed PCORI fee.ย The OOP...
IRS Temporarily Eases Witness and Notarization Requirements for Certain Retirement Plan Participant Elections
On June 3, the Internal Revenue Service provided temporary relief from the requirement in IRS regulations that certain participant elections must be witnessed in the physical presence of a plan...
Paycheck Protection Program Flexibility Act of 2020 Passes Senate
by Barry Salkin, Roberta Casper Watson and Livia Quan Aber The Paycheck Protection Program (โPPPโ), which was enacted as part of the CARES Act, allows businesses to borrow funds that are guaranteed...
Court Decision Highlights the Dangers of Cybersecurity Breaches for Both Plan Sponsors and Plan Service Providers
On May 27, 2020, the Eastern District of Pennsylvania, in Leventhal v. MandMarblestone Group, LLC, handed down a decision that highlights the dangers facing both plan sponsors and plan service...
DOL and IRS Extend Certain Deadlines for Welfare Plans and Participants
The DOL and IRS have issued COVID-19 related guidance that temporarily extends certain deadlines applicable to welfare plans and their participants and beneficiaries. COVID-19 Related Guidance.ย In...
Supreme Court Concludes Defined Benefit Pension Plan Participants Do Not Have Standing To Bring Breach of Fiduciary Duty Claim
The Supreme Court has long recognized that one of ERISA's principal purposes was to make โsure that if a worker has been promised a defined pension benefit upon retirement - and if he has fulfilled...
IRS Announces 2021 HSA Limits
The IRS has announced the 2021 calendar year dollar limits for health savings account (โHSAโ) contributions, and the minimum deductible amounts and maximum out-of-pocket expenses for high deductible...
The Wagner Law Group Expands its Trusts and Estates Practice in Florida and Missouri
Employee Retention Tax Credit Under the CARES Act
by Barry Salkin, Roberta Casper Watson and Livia Quan Aber The Families First Coronavirus Response Act (the โFFCRAโ) established tax credits under the Emergency Paid Sick Leave Act and the Emergency...
IRS Relaxes Rules for Cafeteria Plan Mid-Year Election Changes
The IRS, in Notice 2020-29, has relaxed the mid-year election change rules for cafeteria plans due to the nature of the public health emergency imposed by COVID-19, extended grace and carryover...
Return-To-Work: Creating a Viable Playbook
Recording available here
DOL Issues Revised COBRA Notices
The Department of Labor (“DOL”) has issued updated versions of its model general notice and model election notice to ensure that qualified beneficiaries better understand the...
Silver Lining: Advisors Can Urge Clients to Give More to Charity
Planning in the Age of a Pandemic: Estate Planning and CARES Act Considerations
Planning in the Age of a Pandemic: Estate Planning and CARES Act Considerationsย โ Regina Mandl and Barry Salkin, The Wagner Law Group Free Webinar, May 6, 2020, 2:00 PM (ET)ย โRecording available...
Cybersecurity and Retirement Plans: What Plan Sponsors Should Do
Cybersecurity breaches of retirement plan participant accounts have occurred with increasing frequency in recent years. Just this past April, a plan participant filed a complaint alleging...
Retirement Plan Provisions of CARES Act Updated to Reflect IRS Guidance Issued May 4, 2020
The third COVID-19 Stimulus package has provisions regarding retirement plans, including expanded and penalty-free withdrawal rights, expanded loan rights, extended rights to repay loans and...
Federal Agencies Extend Deadlines for COBRA and Health Plan Claims, Appeals, and Special Enrollments
In coordination, the Department of Labor, the Department of Health and Human Services, and the Internal Revenue Service (collectively, the โAgenciesโ) have extended deadlines for multiple events...
IRS Extends Deadlines for Certain Filings and Actions for Employee Welfare Benefits Plan
The IRS has issued Notice 2020-23 to provide employers, employees and retirement plan service providers with relief from business disruptions from the COVID-19 pandemic.ย Notice 2020-23 automatically...
Reducing Legal Risk: Protecting Against Claims Stemming from COVID-19
Recording available here
Remote Online Notarization Becomes Law in Massachusetts During COVID-19 Emergency
On April 27, 2020, the Virtual Notarization Act (the โActโ) was signed into law by Massachusetts Governor, Charlie Baker, and was effective immediately.ย The Act allows Massachusetts notaries, using...
The Impact of the Economic Downturn on Retirement Plans
The current volatility in the economy due to the coronavirus pandemic has created various issues for retirement plans that need to be addressed in an expedited and efficient manner.ย The significant...
Further Guidance from DOL on the Families First Coronavirus Response Act
The Department of Labor (โDOLโ) has issued additional FAQs that provide further guidance for employers and employees on the administration of the Emergency Paid Sick Leave (โEPSLโ) Act and the...
Employee Benefits and Bankruptcy: A Timely and Multi-Perspective Look
Tips for Managing Telecommuters
Agencies Issue FAQs on Group Health Plan COVID-19 Coverage Requirements
HHS, DOL and IRS (the "Agencies") have jointly issued FAQ 42 to provide guidance on the implementation of the COVID-19 coverage requirements of the Families First Coronavirus Response Act ("FFCRA")...
Don’t be a Stranger: Communicating During COVID-19
Don't be a Stranger: Communicating During COVID-19 - David Gabor and Judy Rakowsky, The Wagner Law Group FREE Webinar, April 14, 2020, 1:00 PM (ET) - Recording available here
REG BI Compliance Deadline; Financial Relief Considerations for RIA Firms
By Stephen Wilkes, Livia Quan Aber and Seth Gaudreau I.ย The SEC Will Not Delay Reg BI and Form CRS Compliance Date Last week, the U.S. Securities and Exchange Commission (โSECโ) Chairman, Jay...
IRS Releases Guidance on Requirements for Employers to Claim EPSL and EFMLA Tax Credits Under FFCRA
The IRS has issued guidance for employers with under 500 employees explaining how to claim a tax credit for emergency paid sick leave ("EPSL") and expanded FMLA ("EFMLA") under the Families First...
Managing From Afar: Effectively Adapting to Telework
One of the realities created by the COVID-19 pandemic is that more employees are working remotely than ever before.ย This change raises legal and business issues that have caught many companies off...
ERISA Litigation โ Lessons for Today from the Great Recession
Many of us older hands lived through the financial collapse of 2008 and, with any luck, learned a lesson or two from the experience that may come in handy now.ย When 2008 began, my legal practice was...
DOL Issues Guidance on Emergency Paid Sick Leave and Paid FMLA Under Families First Coronavirus Response Act
The DOL has issued a series of FAQs that provide guidance for employers administering the Emergency Paid Sick Leave ("ESPL") and the Emergency Family and Medical Leave Act ("EFMLA") under the...
The Families First Coronavirus Response Act Updated to Include Coronavirus Aid, Relief, and Economic Security Act Provisions
by Roberta Watson, Barry Salkin and Virginia Peabody This Law Alert serves as an update to the Law Alert sent out on March 19, 2020 concerning the paid leave and group health plan provisions of The...
Withdrawals and Loans from Defined Contribution Retirement Plans
View Printable PDF In reaction to the current volatility in the economy due to the coronavirus pandemic, we have been receiving a large number of questions from defined contribution plan sponsors...
PANDEMIC and Broker-Dealer/Recordkeepers and Advisors… Chances Are, Your Business Continuity Plan Did Not Fully Address This…
By Stephen Wilkes, Kimberly Shaw Elliot and Seth Gaudreau In uncertain times like these where the novel coronavirus or COVID-19 seems to be impacting everything, broker-dealers, investment advisory...
Retirement Plan Provisions of CARES Act
The third COVID-19 stimulus package has provisions regarding retirement plans, including expanded and penalty-free withdrawal rights, expanded loan rights, extended rights to repay loans and...
The CARES Act: Relief for Small Businesses
On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act, or CARES Act (the โActโ) was passed. The bill is expected to provide relief for eligible small business through a loan...
Planning and Implementing a Temporary Layoff in the Age of COVID-19
During these uncertain times, layoffs, both long term and temporary, are on the rise. Naturally, it is very important for employers to plan layoffs carefully, even when they must be implemented...
The SECURE Actโs Impact on Estate Planning and Administration
Recording available here
HDHPs May Pay for COVID-19 Testing and Treatment
The IRS has issued Notice 2020-15 permitting High Deductible Health Plans ("HDHPs") to cover testing and treatment for COVID-19, without affecting the status of a person as an "eligible individual"...
Suspending or Reducing Safe Harbor Contributions in Defined Contribution Retirement Plans
In reaction to the current volatility in the economy due to covid-19, we have been receiving a large number of questions from retirement plan sponsors regarding whether it is permissible to suspend...
The Families First Coronavirus Response Act
by Roberta Watson, Barry Salkin and Virginia Peabody Effective no later than April 2, 2020, the Emergency Paid Sick Leave Act (the โSick Leave Actโ) and the Emergency Family and Medical Leave...
Agencies Issue Proposed Rules Regarding Health Care Transparency
By Roberta Casper Watson and Barry Salkin Last June, in Executive Order 13877, President Trump directed HHS, Treasury, and Labor (collectively, the โAgenciesโ) to solicit comments on how providers,...
Suggested Administrative Practices in Light of Intel Decision – Ensuring “Actual Knowledge”
by Stephen Wilkes and Livia Aber As we discussed in a recent Alert, the Supreme Court's decision in Intel Investment Committee v. Sulyma requires a plaintiff's "actual knowledge" of the fiduciary...
Five Steps to Help Avoid Mistakes in Light of COVID-19
Allowing employees to telecommute is an excellent accommodation. While this option supports continued business productivity, be sure to properly track the time worked so that you do not expose your...
Advisors: Time to Finish What was Startedโฆ.ERISA and Fiduciary Process Have EvolvedโฆHave You?
Over 46 years ago, the Employee Retirement Income Security Act (โERISAโ) was passed overwhelmingly in the House of Representatives by a 376-4 vote. ย Congress passed ERISA to empower American workers...
Supreme Court’s Actual Knowledge Decision Underscores Importance of Plan Administrator Best Practices
The Supreme Court settled the debate over what constitutes "actual knowledge" in the context of an ERISA fiduciary breach claim in a unanimous and simple decision that applied dictionary definitions...
No Statute of Limitations Protection Gained from Filing Forms for Employer Shared Responsibility Penalties
The IRS Office of Chief Counsel has released a memorandum stating that employers are not protected by a statute of limitations from the ACA's employer shared responsibility penalties ("ESRP"), even...
CMS Proposes Reporting Penalty Rule
The Centers for Medicare & Medicaid Services ("CMS") has proposed methods to calculate and impose civil penalties when a group health plan ("GHP") or a non-group health plan fails to comply with...
SEC Proposed Amendments to Advertising and Solicitation Rules
In early November 2019, the Securities and Exchange Commission ("SEC") released proposed amendments to the advertising rule and solicitation rule under the Investment Advisers Act of 1940 ("Advisers...
DOL Confirms Limited Partnership’s Health Plan is Not an ERISA-Covered Single Employer Plan
The United States Department of Labor ("DOL") has issued guidance (i.e., Advisory Opinion 2020-01A) to confirm that a limited partnership's health-benefit programs were not ERISA-covered group...
10 Steps Employers Should Follow When Faced With Requests for Leave or Accommodation
Recording available here
Eighth Circuit Delivers Guidance on Whether Rate Setting Amounts to Fiduciary Conduct
Courts have long struggled to set the boundaries at which point ERISA plan service providers exert sufficient control and discretion over plan assets to make them fiduciaries under ERISA 3(21). The...
Agencies Release FAQs on Updated 2021 Summary of Benefits and Coverage Template
HHS, DOL and IRS (collectively, the "Agencies") have released FAQs discussing the recently updated version of the Summary of Benefits and Coverage ("SBC") template and related materials (i.e.,...
Regina Snow Mandl Appointed by the Supreme Judicial Court to the Position of Vice Chair of the Clientsโ Security Board
Regina Snow Mandl Appointed by the Supreme Judicial Court to the Position of Vice Chair of the Clientsโ Security Board - Massachusetts Lawyers Weekly, February 7, 2020
Cafeteria Plan Need Not Provide Mid-Year Election Changes
The IRS has reiterated, in IRS Information Letter 2019-0028, that while a Section 125 cafeteria plan may allow participants to make a mid-year pre-tax contribution election change because of the...
De Novo Standard Does Not Save Participant’s Claim
Although the Fifth Circuit Court of Appeals, in Ariana v. Humana Health Plan of Texas, held that the "de novo" standard of review applies to a denial of benefits, this was not sufficient to save a...
The Impact of the SECURE Act on Estate Planning and Administration
Just before the end of 2019, the "SECURE Act," a bill that includes many changes to the federal tax code that apply to qualified retirement plans, such as a 401(k) or IRA, ("retirement assets") was...
Regina Snow Mandl Appointed Vice Chair of Massachusetts Clientsโ Security Board
Evidence of Employer’s Mailing Procedures Does Not Prove COBRA Compliance
The United States District Court for the Middle District of Louisiana, in Randolph v. Baton Rouge Parish Sch. Bd., has ruled that an employer's declaration about its general business practices was...
#METOO in Medicine
#METOO in Medicine -David Gabor, American Medical Association, January 20, 2020
Employees Need Not Expressly Request FMLA Leave
The United States District Court for the District of Maine, in Waterman v. Paul G. White Interior Solutions, has ruled that a terminated employee may continue his Family and Medical Leave Act...
Congress Considers Multiemployer Pension Reforms While Benefit Suspensions Loom
The U.S. Treasury Department has received an application by the American Federation of Musicians and Employers' Pension Fund (the "Plan") to suspend benefits under the Multiemployer Pension Reform...
Retiree Medical Benefits Vest for Life and Survived CBA Termination
The Seventh Circuit Court of Appeals, in Stone v. Signode Industrial Group, LLC, has upheld a district court's decision that an employer was obligated to continue providing lifetime health care...
New Laws Impact ACA and Employer-Sponsored Health Plans
President Trump has signed into law a spending package which includes the Further Consolidated Appropriations Act, (the "Act"), and contains a number of provisions related to employer-sponsored...
Massachusetts Advances Regulations Imposing Fiduciary Duty on Broker-Dealers
In November 2019, the Commonwealth of Massachusetts issued revised regulations imposing a fiduciary standard upon broker-dealers, although the regulations would not apply to a broker-dealer who is a...
Federal Circuit Court Determines ACA’s Individual Mandate is Unconstitutional
The Fifth Circuit Court of Appeals, in Texas v. United States, has upheld a district court ruling that the individual mandate provision of the Affordable Care Act ("ACA") is unconstitutional....
SECURE Act Finally to Become Law
Congress is subject to one of the same vices as many Americans, namely, putting off important activities until the last moment. Earlier this year, the House of Representatives by a 417-3 vote,...
IRS Issues Qs&As on the ACA’s Individual Shared Responsibility Provisions
The IRS has issued a set of Qs&As explaining the Individual Shared Responsibility provisions of the ACA after the elimination of the individual shared responsibility penalty. Background....
ERISA Case in the District Court for the Southern District of New York Highlights Plan Sponsor QDRO Responsibilities
A sometimes forgotten issue in a divorce, separation, or other domestic relations proceeding is the division of retirement plan benefits between former partners and/or husband and wife. While the...
Increased Penalties for HIPAA Noncompliance
HHS has issued final regulations containing inflation adjustments to the civil penalties for violations of HIPAA's "administrative simplification" rules. Background. The inflation adjustments are...
The Change in the Equal Pay Landscape and its Impact on Employers
On December 6, 2019, the Second Circuit held that an employee does not have to show that she received less pay for equal work in order to prevail in an unequal pay claim. Instead, she only has to...
IRS Extends Deadline for ALEs to Furnish ACA Reporting Forms to Employees
The IRS has issued Notice 2019-63, which provides an automatic deadline extension for Applicable Large Employers' ("ALEs") reporting obligations under the Affordable Care Act's ("ACA"s) Employer...
Mandated Benefits 2020 Compliance Guide
Mandated Benefits 2020 Compliance Guide - Katherine Brustowicz, Dannae Delano, David Gabor, Barry Salkin, Marcia Wagner and Roberta Casper Watson, Wolters Kluwer, December 2019
Private Equity Fund Gains Important Victory
In Sun Capital Partners III v. New England Teamsters and Trucking Industry Pension Fund, the Court of Appeals for the First Circuit ruled on November 22 in favor of private equity funds, thus...
2020 Medicare Part A Deductibles and Part B Premiums
The Centers for Medicare & Medicaid Services ("CMS") has announced the Medicare Part A deductibles and Part B premiums for 2020. Medicare Part A covers inpatient hospital and hospice care, while...
IRS Releases 2020 Limits for Welfare Benefit Plans: Health FSA and HSA Limits Increase
The IRS has released the 2020 inflation-adjusted limits for certain employee welfare benefit plans and the dollar amounts used for certain discrimination tests. Health FSAs. The limit for employee...
DOL Says FMLA Leave Runs Concurrently with Paid Leave
The U.S. Department of Labor ("DOL") has issued Opinion Letter FMLA2019-3-A, which confirms that the terms of a leave policy provided under a collective bargaining agreement ("CBA") cannot supersede...
Two Opinions Demonstrate Importance of Prudent Administrative Procedures and Substantive Decisions in Responding to ERISA Benefit Claims
One of the most common and important tasks for ERISA plan fiduciaries is how to appropriately respond to plan participant claims for benefits. When the decision is made to deny benefits to...
Employers with California Employees who sponsor Flexible Spending Accounts May Have New Notice Requirements
A new California law (AB 1554) imposes a new notice mandate on employers with employees in California. ย The law requires employers, beginning in 2020, to notify their flexible spending account (FSA)...
IRS Announces 2020 Retirement Plan Limitations
The Internal Revenue Service announced cost-of-living adjustments affecting certain dollar limitations for pension plans and other retirement-related limitations for 2020, as detailed in Notice...
Final Regulations Rescind HIPAA Health Plan Identifier Rules
The Department of Health and Human Services ("HHS") has rescinded earlier regulations governing the health plan identifiers ("HPIDs") that group health plans were required to obtain and use in...
Court Rules that IRA Custodian was not a Fiduciary but did Violate MA Consumer Protection Law
In UBS Financial Services, Inc. v. Aliberti (SJC-12662), the Massachusetts Supreme Judicial Court has ruled that no fiduciary relationship existed between the commercial custodian of an individual...
EEO-1 Component 2 Data Collection Reinstated, Again
In yet another turn of events in the ongoing EEO-1 Component 2 data collection saga, the EEOCโs self-declared cessation to collect the Component 2 data has been overturned by Judge Tanya Chutkan of...
LTD Claim Denial Subject to Stricter Standard of Review Due to Untimely Decision
The Seventh Circuit Court of Appeals, in Fessenden v. Reliance Standard Life Ins. Co., has held that a plan administrator's decision to deny a participant's claim for long-term disability ("LTD")...
DOL Issues Proposed Regulations Regarding Electronic Disclosure of Pension Plan Information
In 2002, the DOL issued a safe harbor for electronic disclosure that is available only to those participants that have electronic media at work, and those individuals who affirmatively opt in to...
Participant May Sue Insurer Before Exhausting Administrative Remedies
The U.S. District Court for the District of Arizona has ruled, in Greiff vs. Life Insurance Company of North America, that a long-term disability plan participant need not exhaust an insurer's...
IRS Issues Guidance to Clarify Health Reimbursement Arrangement Rules
The IRS has issued proposed regulations to clarify the application of the ACA's employer shared responsibility provisions under Section 4980H of the Internal Revenue Code (the "Code") and certain...
Genetic Testing May Include Medical Expenses
The IRS has ruled, in Private Letter Ruling 201933005, that portions of the cost of a genetic testing service may be considered medical expenses and may, therefore, be reimbursed by a health care...
Petition For Rehearing and Supporting Amicus Briefs Filed In Schwab ERISA Arbitration Case
In August of this year, a Ninth Circuit three-judge panel ruled in Dorman v. The Charles Schwab Corporation, DC No. 4:17-cv-00285-CW, 2019 WL 3939644 (9th Cir. August 20, 2019) that a plan...
Agencies Issue Final FAQs on Mental Health Parity Implementation
HHS, DOL and IRS have issued final FAQs on the implementation of the requirements of the Mental Health Parity and Addiction Equity Act ("MHPAEA"). The MHPAEA requires that the financial requirements...
DOL Finalizes Overtime Rule
The U.S. Department of Labor finalized its overtime rule which will become effective on January 1, 2020. Notably, the DOL increased the threshold for the FLSA overtime exemption from $23,660 to...
CHIP Notice Revised
The Department of Labor ("DOL") has released a revised and updated model notice that employers can use to inform employees of the potential for state premium assistance subsidies for the purchase of...
When Will a Plan Administrator’s Denial of Benefits be an Abuse of Discretion – In Discrete Circumstances Says the Ninth Circuit
Almost every ERISA employee benefit plan contains so-called "Firestone language," which grants discretionary authority to determine eligibility for benefits and construe the terms of a plan. If a...
EEO-1 Report Update – Component 2 Data Filing Deadline Quickly Approaching
Earlier this year the EEOC announced it would reinstate the collection of EEO-1 Component 2 data, thus requiring employers to submit pay data broken own by job category, sex, race, and ethnicity....
Single Document Can Serve as ERISA Plan Document and SPD
The Eighth Circuit Court of Appeals, in MBI Energy Services v. Hoch, has held that a self-insured medical plan is entitled to reimbursement because its summary plan description ("SPD") was also the...
Supreme Court Amicus Brief Shows How High the Stakes Really are for the Future of ERISA’s “Actual Knowledge” Requirement
The battle over what constitutes "actual knowledge" of an ERISA fiduciary breach or violation ratcheted up a notch with the filing of an amicus brief in Sulyma v. Intel Corporation Investment Policy...
Multiple Employer Pension Plan Update
On October 22, 2018, the DOL issued a proposed regulation in response to the August 31, 2018, Executive Order by President Trump to remove regulatory burdens faced by defined contribution multiple...
One-Two Punch to Defuse Severance and Other Benefit Disputes
On September 4, 2019, the 5th Circuit Court of Appeals in Bangaru v. Shell U.S. Hosting Company et al, 4:17-cv-00629 (S.D. Tx.), shut the door on a former Shell executive who sought $1.5 million of...
Agencies Issue Guidance on Impact of Drug Manufacturer Coupons on ACA’s Out-Of-Pocket Limits
DOL, IRS and HHS (collectively, the "Agencies") have issued a FAQ to address whether drug manufacturers' coupons for name brand prescription drugs should be counted toward the annual cost-sharing...
ERISA Plan Administrator Denies STD Claim Too Quickly
The United States District Court for the District of Nevada, in Speca v. Aetna Life Ins. Co., has ruled that a ERISA plan administrator did not provide a full and fair review when it denied a short...
Church Plans Revisited
While the church plan exemption from the Employee Retirement Income Security Act of 1974 (ERISA) has been built into ERISA since its adoption, and the specific provision providing that exemption has...
DOL Offers Temporary Penalty Relief for All Multiple Employer Plans not Currently in Compliance with the Special MEP Reporting Requirements
Recently, the Employee Benefits Security Administration (EBSA) of the Department of Labor (DOL) announced guidance and relief (Field Assistance Bulletin 2019-01) affecting Form 5500 annual report...
Ninth Circuit Changes its Position on the Enforceability of Arbitration of Breach of Fiduciary Duty Claims Under ERISA ยง502(a)(2)
The Ninth Circuit, in Dorman v. The Charles Schwab Corporation, modified its position on the enforceability of arbitration agreements to ERISA claims of breach of fiduciary duty on behalf of the...
Attending Children’s Special Education Meetings Covered by FMLA
The U.S. Department of Labor ("DOL") has released Opinion Letter FMLA 2019-2-A confirming that an employee may take leave under the Family Medical Leave Act of 1993 ("FMLA") to attend special...
Defining the Limits of Broad, Complete ERISA Preemption in Health Care Excessive Fee Cases
Over several decades, courts have developed a rich history of broad, complete ERISA preemption of any and all claims in state courts as they relate to ERISA plans and participant rights to receive...
Requirements for Requesting FMLA Leave Cannot Be More Onerous than for Requesting Non-FMLA Leave
The United States District Court for the Southern District of Alabama, in Moore v. GPS Hospitality Partners IV, LLC, etc., has ruled that an employer's notice and procedural rules for requesting...
Does Your Plan use a LIMITED SCOPE AUDIT for Form 5500 Financial Reporting?
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...
Plan Administrator Deemed an ERISA Fiduciary
The Fourth Circuit Court of Appeals, in Dawson-Murdock v. Nat'l Counseling Group, Inc., has allowed a life insurance beneficiary to sue her husband's employer for breach of fiduciary duties...
IRS Releases ACA Affordability Rates for 2020
The Internal Revenue Service has issued Revenue Procedure 2019-29 to implement the 2020 index adjustments for certain Affordable Care Act ("ACA") contribution percentages used to determine...
IRS Expands List of Preventive Care Benefits
IRS has issued Notice 2019-45 which expands the list of "preventive care benefits" permitted to be provided by a high deductible health plan ("HDHP") when determining if an individual is eligible to...
A Sigh of Relief For Employers Subject to Potential ACA Disparate Impact Discrimination Claims
In the aftermath of Title VI of the Civil Rights Act of 1964, litigants have pressed courts on what conduct meets the criteria for a disparate impact discrimination claim. Typically, a disparate...
Was The Court of Claims Correct for the Wrong Reason?
In Iowa Bankers Benefit Plan v. United States, the Court of Federal Claims decided that the Iowa Bankers Benefit Plan, a group health arrangement, is within the Affordable Care Act ("ACA")...
Sweeping Changes to Connecticut’s Sexual Harassment Laws Will Have a National Impact
Connecticut recently made several noteworthy changes to its sexual harassment laws designed to help eliminate harassment, prevent retaliation against claimants and expand protection when claims are...
Court Finds an Employee’s Vacation While On FMLA Leave is Acceptable
The Massachusetts Supreme Judicial Court ("SJC"), in DaPrato v. Mass. Water Resources Authority, has affirmed a jury's finding that an employee was wrongfully terminated for taking a vacation to...
Follow-up on SEC Guidance Regarding Broker-Dealers and Investment Advisors
On June 5th, the SEC issued a four-part package of guidance with respect to the activities of broker-dealers and investment advisors. We prepared an Investment Management Law Alert focusing on one...
Proposed IRS Regulation Would Eliminate “One Bad Apple” Rule for Multiple Employer Defined Contribution Plans
On July 3, 2019, the IRS proposed a new regulation addressing one problem experienced by multiple employer defined contribution plans (DC MEPs) which are tax qualified as single plans under Section...
Apprenticeship Training Programs Must File Electronic Notice to be Exempt from ERISA’s Reporting and Disclosure Requirements
The U.S. Department of Labor ("DOL") has issued new regulations requiring apprenticeship training programs to file electronically in order to take advantage of an exemption from ERISA's reporting...
HHS Guidance on When One Health Plan May Share PHI of Individuals with Another Health Plan
HHS has issued FAQs that provide guidance on the circumstances under which HIPAA's Privacy Rule allows for one health plan to share protected health information ("PHI") about individuals who "have a...
Beneficiary May Sue Trustees of One ERISA Plan for Fiduciary Breaches Causing Loss of Benefits under Another ERISA Plan
The U.S. District Court for the Southern District of New York, in DeRogatis v. Bd. of Trustees of the Cent. Pension Fund of the Int'l Union of Operating Engineers, has held that ERISA allows a...
Dramatic Changes to New York’s Harassment Prevention Law
It is now much easier for employees in New York to assert claims of workplace harassment. In the past, in order to bring a claim of workplace harassment in New York, employees were required to...
Agencies Expand HRA Availability to Provide Coverage
In response to an Executive Order from President Trump, the DOL, HHS, and the IRS proposed new regulations to expand the use of HRAs to pay for certain medical expenses.ย They now have released...
Massachusetts Delays the Start of Paid Family and Medical Leave Program by Three Months
Delayed Contribution Date: On Friday, June 14, 2019. the Commonwealth of Massachusetts has delayed Paid Family and Medical Leave (PFML) contributions from employers and employees.ย The new start...
HHS Proposes Revised ACA Section 1557 Regulations
HHS has issued proposed regulations that, if finalized, would significantly revise existing regulations issued under Section 1557 of the Affordable Care Act ("ACA"). The proposed regulations would...
Being Smart About M&A-Related Benefit Plan and Employment Issues
Recording available here
SEC Issues Final Regulation BI
The SEC, by a 3-1 party line vote, issued in a timely fashion its final regulations with respect to broker-dealer conduct, referred to as Regulation Best Interest ("Regulation BI"). The SEC's...
Massachusetts Paid Family & Medial Leave Seminar
IRS and HHS Release Certain Limits for Welfare Benefit Plans in 2020
The IRS and HHS have released some of the 2020 inflation-adjusted limits for certain employee welfare benefit plans and the dollar amounts used for certain discrimination tests. Health Savings...
Deal-Breaking M&A Issues Related to Employee Benefit Plans and Executive Compensation
Employee benefit and executive compensation related issues have been known to unravel merger and acquisition transactions. These sometimes seriously disruptive issues can explode an otherwise viable...
Forfeiture of Transportation Benefits
In Information Letter 2019-002, the IRS has confirmed that unused transportation benefits will be forfeited when an employee terminates employment. Qualified transportation fringe benefits include:...
An Ounce of Litigation Prevention for Executive Benefits…and Severance: Lessons from an Employer’s Quagmire in New Jersey
There are three instructive takeaways from the April 24th decision in Weller v. Linde Pension Excess Program (D. NJ). In that case, the employer failed in its effort to end the case before...
Guidance on When Employers Can Prorate Bonuses of Employees on FMLA Leave
The Second Circuit Court of Appeals, in Clemens v. Moody's Analytics, Inc., has held that an employer did not unlawfully interfere with an employee's rights under the Family and Medical Leave Act...
HHS Reduces Maximum Penalty Amounts for Certain HIPAA Violations
The Department of Health and Human Services ("HHS") has lowered the maximum civil monetary penalty amounts for most violations of the Health Insurance Portability and Accountability Act ("HIPAA")...
PBGC Requests OMB Approval for Data Collection for ERISA Title IV Coverage Analysis
The Pension Benefit Guaranty Corporation ("PBGC") issued a notice (84 Federal Register 20168 (Wednesday, May 8, 2019)) informing the public that the PBGC has requested the Office of Management and...
Current Association Health Plan Contracts Safe
The Department of Labor ("DOL") has announced that it will not take action against association health plans ("AHPs") that comply with its final regulations, even though these regulations were...
IRS Releases Round Two of Proposed Regulations for Qualified Opportunity Funds
On April 17, 2019, the Internal Revenue Service ("IRS") issued the second round of proposed regulations with respect to qualified opportunity funds ("QOFs"). While the first round of proposed...
IRS Expands Determination Letter Program – Revenue Procedure 2019-20
In Revenue Procedure 2016-37, the Internal Revenue Service ("IRS") eliminated the long-standing program under which a plan sponsor could request a determination that its individually-designed plan...
State Law Claims Not Preempted by ERISA
The U.S. Court of Appeals for the Ninth Circuit, in The Depot, Inc. vs. Caring for Montana, has ruled that state law claims of fraud and misrepresentation are not preempted by ERISA. Facts: Three...
Multiemployer Plan Reforms are Needed Before it’s Too Late
The President's proposed 2020 Budget, released March 11, 2019, would shore up the Pension Benefit Guaranty Corporation's ("PBGC") multiemployer pension plan insurance fund by increasing premiums,...
Participant’s Disability Claim is Time-Barred
The U.S. Court of Appeals for the Second Circuit has ruled, in Arkun v. Unum Group, that a plan participant could not sue to restore her long-term disability ("LTD") benefits because the suit was...
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...
Relative of 2-Percent Shareholder May Deduct Cost of Health Insurance
Certain individuals who receive health care coverage from an S corporation must include the cost of the coverage in their income because of their relationship to the owner of the S corporation....
Plan May Deny Coverage for Bariatric Surgery
The U.S. Court of Appeals for the Fifth Circuit, in Rittinger v. Healthy Alliance Life Insurance Company, has ruled that a plan administrator that has been granted discretionary authority with...
Update on Requirement to Report EEO-1 Wage and Hour Data
As previously reported in our Alert published on March 7, 2019, a federal judge has ordered the EEOC to provide guidance regarding the collection of wage and hour data ("Component 2 data").ย On...
Court Upholds LTD Insurer’s Claim Denial Based on Failed Validity Tests
The Eighth Circuit Court of Appeals, in Johnston v. Prudential Ins. Co., has affirmed a lower court's ruling that the defendant insurer acted appropriately in terminating the plaintiff's long...
Massachusetts Issues Proposed Regulations and Toolkit for Paid Family and Medical Leave Act
On March 29, 2019, the Massachusetts Department of Family and Medical Leave (โDFMLโ) re-issued draft regulations on the Massachusetts Paid Family and Medical Leave Act (โPFMLโ). DFML will hold at...
Federal Judge Strikes Administration’s Regulations Expanding Access to Association Health Plans as Illegal
A federal judge in Washington, D.C., ruled last Thursday that the current administration's attempt to broaden the types of health plans that can avoid the coverage rules under Title I of ERISA...
Claims Denial Appeal Period Begins on Date of Denial,ย Not Date Benefits Cease
The First Circuit Court of Appeals has ruled, in Fortier v. Hartford Life and Accident Insurance Company, that a long term disability ("LTD") plan's 180 day period for claims denial appeals begins...
DOL Says Employees Cannot Decline FMLA Leave When Absence is Covered by FMLA
The U.S. Department of Labor ("DOL") has issued Opinion Letter FMLA2019-1-A clarifying that neither an employer nor an employee may delay designating paid leave as Family and Medical Leave Act...
SJC Rules That Workers at Whately Farm Entitled to Overtime Pay
SJC Rules That Workers at Whately Farm Entitled to Overtime Pay - David Gabor, Daily Hampshire Gazette, March 15, 2019
LTD Benefit Denial Overturned
The Ninth Circuit Court of Appeals, in Kott v. Agilent Technologies Inc. Disability Plan, has determined that a plan administrator abused its discretion in denying long-term disability ("LTD")...
EEO-1 Pay Data Collection Requirement Reinstated – OMB’s Stay Vacated
In September 2016, the Equal Employment Opportunity Commission ("EEOC") expanded its collection efforts to include summary W-2 pay data and total hours worked by race, ethnicity, and gender from...
Plans Cannot Prevent Participant from Appointing an Authorized Representative
In a letter dated February 27, 2019, the Department of Labor ("DOL") has reiterated that an ERISA-covered plan cannot prevent a plan participant from appointing an authorized representative for...
Firing After Leave Request Denial May Be FMLA Violation
The United States District Court for the Southern District of Texas, in Byrd v. City of Houston, has determined that a plaintiff-employee's Family and Medical Leave Act ("FMLA") claim should be...
New York State’s New Employment Discrimination Law: GENDA
On February 24, 2019, New York state's Gender Expression Non-Discrimination Act ("GENDA") went into effect.ย GENDA prohibits all employers with four or more employees from discriminating against...
DOL Guidance on ERISA Preemption
The United States Department of Labor ("DOL") has issued an Information Letter confirming that state laws requiring employers to obtain written consent before withholding amounts from employees'...
Multiple Employer Plans and PEOs
In recent years, much activity has centered around the idea of open MEPs - that is, multiple employer plans that do not require any relationship among the participating employers in the plan. In...
IRS Provides Additional Examples Where Employers May Recover HSA Contributions
The IRS has issued Information Letter 2018-0033, which provides details on certain situations that allow an employer to request the return of Health Savings Account ("HSA") contributions it made on...
Reminder for Massachusetts Employers: If You Care about your Noncompete…
There is generally a gnashing of teeth when a key employee leaves for a competitor, and that gnashing may evolve into weeping when an employer finds that its noncompetition protections are...
PBGC Issues New Staff Interpretations
In mid-2018, the Pension Benefit Guaranty Corporation ("PBGC") began posting Q&As for practitioners on its website. Last week, PBGC posted an update, including several additional Q&As. The...
Proposed Regulations Implementing Massachusetts’ Paid Family and Medical Leave Law
The Massachusetts Department of Family and Medical Leave (the "Department") has released proposed regulations explaining the rights and responsibilities of employers and employees under...
Using Required Minimum Distributions to Make Charitable Contributions – Some Things That You Need to Know
If you are 70ยฝ years of age or older, have a standard IRA and are interested in making qualified charitable distributions, the following will be of interest to you.ย By making donations directly...
EEOC Delays Filing Due Date
The Equal Employment Opportunity Commission ("EEOC") announced that it has delayed the filing due date for the EEO-1 Report. The EEO-1 Report is a compliance survey mandated by federal statute and...
Employer Allowed to Deny Employee Pay Differential Due to FMLA-Related Absences
The United States District Court for the Eastern District of Arkansas, in Flowers v. McCartney, has determined that an employer did not violate the Family and Medical Leave Act ("FMLA") when it...
Court Rejects Third-Party Administrator’s Cross-Plan Offsetting Practice
The Eighth Circuit Court of Appeals, in Peterson v. UnitedHealth Group Inc., has upheld a district court's decision that a third-party administrator ("TPA") cannot engage in cross-plan offsetting to...
Nevada Issues Proposed Regulations Regarding Fiduciary Standards
While the SEC works on finalizing its proposed Regulation Best Interest, there continues to be significant activity at the state level that will cover, in varying degrees, the same subject matter....
Is the Partial Government Shutdown Affecting Your Benefit Plans?
Benefit professionals need to be very careful about how they respond to the partial government shutdown. Potential areas of concern include, but are not limited to, the following: 1.ย Eligibility...
Is the Partial Government Shutdown Affecting Your Company?
As the partial federal government shutdown continues, more companies are being affected, directly and indirectly, and business owners, executives and human resources professionals need to be very...
457(f) Landmine Lurks for All Tax-exempt OrganizationsโฆEven the Small Ones!
โMaybe not today. Maybe not tomorrow, but somedayโ โฆ you are likely to have a golden parachute problem. Itโs not often that Casablanca and tax law intersect, but the above warning is apropos for any...
FMLA Leave Cannot be Assessed if Employee Not Required to Report to Work
The U.S. District Court for the District of Alaska, in Acosta v. State of Alaska, has held that an employer could not count the time that a rotational employee was not scheduled to work as part of...
Guidance on Parking Expenses as Qualified Transportation Fringe Benefits
The IRS has released Notice 2018-99 to provide guidance to taxpayers on determining the amount of parking expenses for qualified transportation fringe benefits that is nondeductible and/or subject...
Insurer’s Acceptance of LTD Insurance Premiums Does Not Guarantee Coverage
A federal district court has ruled, in Ward v. Aetna Life Insurance Company, that a long-term disability ("LTD") insurer's denial of the plaintiff's benefit claim was appropriate even though the...
2019 Medicare Part A Deductibles and Part B Premiums
The Centers for Medicare & Medicaid Services ("CMS") has announced the Medicare Part A deductibles and Part B premiums for 2019. Medicare Part A covers inpatient hospital and hospice care, while...
Federal Court Rules Affordable Care Act Unconstitutional
A federal district court, in the Northern District of Texas, has ruled, in Children's Hospital Association of Texas v. Azar et. al., that the individual mandate provision contained in the Affordable...
FMLA Claim Viable Even Though Employee Not Yet Eligible for FMLA Leave
The U.S. District Court for the Eastern District of Wisconsin, in Reif v. Assisted Living by Hillcrest LLC, has confirmed that a Family and Medical Leave Act ("FMLA") claim may be triggered when an...
Asset Purchasers Beware – Constructive Notice of Seller’s Union Pension Liability
A recent 9th Circuit decision called out a common misconception -- in the form of "incorrect legal advice" that the buyer received prior to closing -- that "[a]bsent an express assumption of...
IRS Extends Deadline for ALEs to Distribute 2018 ACA Reporting Forms to Individuals
The IRS has issued Notice 2018-94, which provides a 30-day extension to the deadline for Applicable Large Employers ("ALEs") to distribute the 2018 Affordable Care Act ("ACA") reporting forms to...
GM Layoffs and a Smart Reduction-in-Force Strategy
It is never easy to downsize a workforce. The best companies aim to combine a considerate exit for those who leave, with morale-building incentives for those who remain. What better way to start...
Lame Duck House Tax Proposal Includes Numerous Retirement Plan Provisions
On November 26, 2018, House Ways and Means Committee Chairman Kevin Brady (R-Texas) introduced a substantial tax package consisting of two main divisions: the Taxpayer First Act of 2018, and the...
IRS Issues Additional Guidance on Proposed HRA Regulations
The IRS has issued Notice 2018-88 to provide guidance on its proposed Health Reimbursement Account ("HRA") regulations and their application to two Internal Revenue Code requirements: the Affordable...
IRS Releases 2019 Limits for Welfare Benefit Plans: Health FSA and HSA Limits Increase
The IRS has released the 2019 inflation-adjusted limits for certain employee welfare benefit plans and the dollar amounts used for certain discrimination tests. Health FSAs. The limit for employee...
Failure to Promote is Viable Basis for FMLA Discrimination Claim
A federal district court, in Browett v. City of Reno, has determined that a plaintiff's claim of discriminatory interference under the Family and Medical Leave Act ("FMLA") could be based on his...
DOL Guidance on Auto Portability
On November 7, 2018, the Department of Labor (โDOLโ) issued a news release inviting public comment on a proposed exemption related to the consolidation of small retirement savings accounts in 401(k)...
Massachusetts Unveils New Reporting Requirement
Massachusetts has sent emails to many employers in the state, informing them that they are responsible for completing the new Health Insurance Responsibility Disclosure ("HIRD") form by the end of...
IRS Announces 2019 Retirement Plan Limitations
The Internal Revenue Service announced cost-of-living adjustments affecting certain dollar limitations for pension plans and other retirement-related limitations for 2019, as detailed in Notice...
Proposed Regulations Expand Employers’ Use of HRAs
HHS, DOL and IRS (the "Agencies") have jointly issued proposed regulations intended to expand the use of health reimbursement arrangements ("HRAs") by employers. Background.ย ย HRAs are...
New Associations
New Associations - Katherine Brustowicz, Massachusetts Lawyers Weekly, October 25, 2018
No Breach of ERISA Fiduciary Duty for Employer’s Failure to Provide Notice of Life Insurance Conversion Rights
The Sixth Circuit Court of Appeals, in Vest v. Resolute FP US Inc., has affirmed a district court's decision to dismiss a breach of fiduciary duty claim based on a sponsoring employer's failure to...
DOL Issues Regulations Regarding Multiple Employer Pension Plans
The Department of Labor ("DOL") issued a proposed regulation in response to President Trump's August 31, 2018 Executive Order to remove regulatory burdens faced by multiple employer pension plans...
Fifth Circuit Court of Appeals Decision Should Serve as an Important Reminder for Employers
A recent case in the Fifth Circuit Court of Appeals,ย Sellers v. Minerals Technologies, Inc., should remind employers to carefully approach the termination of executives, in part because concepts of...
House Passes Family Savings Act of 2018
Last month, the House of Representatives, as part of Tax Reform 2.0, adopted the Family Savings Act of 2018 ("Act"). No action will be taken on this bill until after the mid-term elections, but...
HHS’s Final Rule Increases Penalty Amounts for HIPAA Noncompliance
HHS has issued a final rule, effective October 11, 2018, to implement certain inflation adjustments to the civil monetary penalties imposed on violations of the administrative simplification rules...
Preeminent Boston-Based Law Firm Expands its Litigation and Labor, Human Resources & Employment Law Practices With the Addition of Katherine Brustowicz
Preeminent Boston-Based Law Firm Expands its Litigation and Labor, Human Resources & Employment Law Practices With the Addition of Katherine Brustowiczย
Preeminent Boston-Based Law Firm Expands its Litigation and Labor, Human Resources & Employment Law Practices With the Addition of Katherine Brustowiczย -ย October 16, 2018 West
ERISA Does Not Preempt State’s Unfair Trade Practices and Mental Health Parity Laws
In Hansen v. Group Health Plan Cooperative, the Ninth Circuit Court of Appeals ruled that a state's unfair trade practices and mental health parity laws will not be preempted by ERISA unless certain...
IRS Provides Additional Guidance on Paid Family and Medical Leave Tax Credit
The IRS has issued Notice 2018-71 which provides additional guidance on the paid Family and Medical Leave Act ("FMLA") tax credit which was created by the Tax Cuts and Jobs Act of 2017. Background...
IRS Updates Correction Program for Retirement Plans
In 2002, the Internal Revenue Service (IRS) adopted a program - the Employee Plans Compliance Resolution System (EPCRS) - to enable sponsors of employee benefit pension plans (primarily...
Individual Policies May Create ERISA-Covered Plan
The federal district court for the Eastern District of California has ruled, in Bommarito v. Northwestern Mutual Life,ย that a group of individual insurance policies are an ERISA-covered plan because...
Agreement Required District Court to Consider Information from Post-Complaint Internal Review Process
The First Circuit Court of Appeals, in Doe v. Harvard Pilgrim Health Care ("HPHC"), has held that the district court erred in upholding a benefit claim denial because it neglected to enforce an...
The Pendulum Has Swung in Response To #MeToo
Much has been written about the #MeToo movement over the past several months, and, justifiably, this will continue to be the case until such time as sexual harassment is no longer plaguing our...
Estate Planning for Surviving Spouses: What to Do ASAP
Estate Planning for Surviving Spouses: What to Do ASAP - Regina Mandl, Kiplinger, September 18, 2018
Certain Employers Receiving IRS Letters to Request Information on ACA Reporting
The IRS has been sending letters to certain employers to request information about whether they satisfied their ACA reporting obligations for 2015 and 2016. Specifically, the letter is entitled...
DOL Confirms that Organ Donors Can Qualify for FMLA Leave
The U.S. Department of Labor ("DOL") has released Opinion Letter FMLA 2018-2-A confirming that organ donation surgery can qualify as a "serious health condition" that is eligible for protection...
Identifying, Securing, Developing, and Managing Great Talent
Identifying, Securing, Developing, and Managing Great Talent โ David Gabor, webinar co-panelist, September 5, 2018 - Watch the presentation here
Duty Of Loyalty
View Printable PDF
President Trump Issues Executive Order On Retirement Security
Today, President Trump issued an Executive Order directing the Department of Labor ("DOL") and the Treasury Department to ease the barriers employers face in offering retirement plans and increase...
Seeking Younger Advisors? Don’t Break Age Discrimination Laws
Seeking Younger Advisors? Don't Break Age Discrimination Laws - David Gabor, Financial Advisor, August 30, 2018
Unwanted Employer-Paid Life Insurance Taxable to Employee
The Fifth Circuit Court of Appeals, in Ramsay v. Commissioner of Internal Revenue,ย has upheld the Tax Court's determination that the value of employer-paid group term life insurance was taxable...
Tightening-up Executive Compensation: Five Steps for Defusing Litigation Risks and Better Enforcing Restrictive Covenants
Tightening-up Executive Compensation: Five Steps for Defusing Litigation Risks and Better Enforcing Restrictive Covenants โ David Gabor and Mark Poerio, Webinar, August 28, 2018, 12:00 PM โ 1:00 PM...
A Penny Wise And a Pound Foolish: Lessons Learned from the Sixth Circuit Court of Appeals
Equal Employment Opportunity Commission v. Dolgencorp, LLC, d/b/a Dollar General Corporationย serves as a critical lesson of what can happen when managers are not properly prepared. The Sixth Circuit...
Court Says Administrator’s Denial of Disability Benefit Claim Was Arbitrary and Capricious
The Tenth Circuit Court of Appeals, in McMillan v. AT&T Umbrella Benefit Plan No. 1, has affirmed a district court's decision to reverse a plan administrator's denial of short-term disability...
Court Rejects Severance Pay Claim of Employee Terminated for Refusing Transfer
The D.C. Circuit Court of Appeals (the "D.C. Circuit"), in Peck. v. SELEX Systems Integration, Inc., has affirmed a district court's judgment that a terminated employee was not eligible for...
Don’t Overlook Age Discrimination: Lessons Learned from the EEOC’s Report
The Equal Employment Opportunity Commission ("EEOC") recently issued a report about age discrimination that reads like a wake-up call. Essentially, 50 years have passed since the passage of the Age...
Agencies Issue Final Rule that Expands Duration of Short-Term, Limited-Duration Health Insurance
HHS, DOL and IRS (the "Agencies") have jointly issued a final rule on August 3, 2018 (Fed. Reg., V. 83,8/3/18 p. 38212) that expands the availability of short-term, limited-duration health...
Medicare and ERISA Preempt Arkansas Pharmacy Benefits Manager Law
The Eighth Circuit Court of Appeals, inย Pharmaceutical Care Management Association v. Rutledge,ย has held that Medicare Part D and ERISA preempt an Arkansas statute that imposed regulations on...
Workplace Sexual Harassment: New York Sets The Standard That Others Should Follow
Accounts of workplace harassment involving employees, entertainers, athletes, and students has been well-publicized in 2018. This publicity has led to the widely-known "#MeToo movement." Some states...
Anti-Assignment Provision Does Not Prevent the Grant of Power of Attorney
Although the Third Circuit Court of Appeals ruled inย American Orthopedic & Sports Medicine vs. Independence Blue Cross Blue Shield, that a group health plan's anti-assignment provision was...
OCIE Identifies Common Deficiencies Relating to Best Execution
On July 11, 2018, the Office of Compliance Inspections and Examinations ("OCIE") of the Securities and Exchange Commission published a Risk Alert relating to best execution deficiencies on the part...
Employee Must Renew Request for Intermittent FMLA Leave Annually
The U.S. District Court for the Middle District of Pennsylvania has ruled, inย Feistl v. Luzerne Intermediate Unit,ย that an employee on intermittent leave is not protected by the Family and Medical...
Morgan Stanley Complex Manager Exits After Allegations ($)
Morgan Stanley Complex Manager Exits After Allegations ($) - David Gabor, FUNDfire (A Financial Times Service), July 12, 2018
Health Plan Must Cover Room and Board During Residential Treatment for Mental Illness
The Ninth Circuit, inย Danny P. v. Catholic Health Initiatives,ย has ruled that a group health plan violated the Mental Health Parity and Addiction Equity Act of 2008 ("MHPAEA") when it denied...
IRS Releases ACA Affordability Rates for 2019
The Internal Revenue Service has issued Revenue Procedure 2018-34 to implement index adjustments for 2019 for certain Affordable Care Act ("ACA") contribution percentages used to determine...
Massachusetts Paid Medical Leave Law
Massachusetts has enacted a mandatory statewide paid family and medical leave program which will be administered by a newly created Department of Family and Medical Leave (the "Department") within...
“Grand Bargain” Minimum Wage Increase in Massachusetts
Massachusetts has enacted a "grand bargain" minimum wage law that will gradually increase the state's minimum wage from $11 per hour to $15 over the next five years. Simultaneously, it will phase...
What the Supreme Court’s Decision in Janus v. AFSCME Council 31 Means for Millions of Government Employees
The U.S. Supreme Court recently issued its decision in Janus v. AFSCME Council 31. This case determined that forced payment of dues or fees by public employees to their collective bargaining...
Association Health Plan Final Regulations
The US Department of Labor ("DOL"), after consultation with the Department of Health and Human Services, the Centers for Medicare and Medicaid Services, the Department of the Treasury and the IRS,...
Employer Created ERISA Covered Plan by Endorsing LTD Policy
A federal district court, inย Stolebarger v. Prudential Insurance Company of America,ย ruled that long-term disability ("LTD") benefits were covered by ERISA because the employer had "endorsed" the...
Recent DOL Settlement Agreements with ESOP Trustees
The spate of recent settlements between the U.S. Department of Labor ("DOL") and trustees of employee stock ownership plans ("ESOP") is a signal that trustees and other fiduciaries should reassess...
Non-ERISA 403(b) Plans may be Subject to Proposed SEC Regulation Best Interest
Although the DOL Fiduciary Rule and related prohibited transaction exemptions are not officially dead until the Court of Appeals for the Fifth Circuit issues its mandate vacating the rule in toto,...
Insurer’s Payment of Reduced Benefit Not a Fiduciary Breach
The Fourth Circuit Court of Appeals, inย Gordon v. CIGNA Corp., has affirmed a lower court's determination that an insurance company did not breach its fiduciary duty under ERISA when it paid an...
Moving the Bonus Plan Goalposts – Be Smart or Be Sued
Whenever a company announces performance goals that apply to cash bonus, equity award, or vesting conditions, there is some risk that affected employees will later question the end-of-period...
How to Best Manage Sexual Harassment in Medicine?
How to Best Manage Sexual Harassment in Medicine? - David Gabor, MedPage Today, June 10, 2018
Sixth Circuit Decision Highlights Importance of Firestone Language for Plan Interpretation
The Sixth Circuit Court of Appeals, inย Clemons v. Norton Healthcare Retirement Plan, held that certain doctrines of contract interpretation did not apply to resolve ambiguities in an ERISA plan once...
Fiduciary Implications Of Flexible Retirement Income Solutions With Fiduciary Checklist and Q&A
View Printable PDF Executive Summary Although comprehensive retirement income solutions may be top of mind, partial solutions used on their own, or in combination with other retirement income...
ERISA Plan’s Anti-Assignment Provision Bars Healthcare Provider’s Benefit Claim
The Ninth Circuit Court of Appeals, inย Eden Surgical Center v. Cognizant Technology Solutions Corp., dismissed a healthcare provider's lawsuit against a group health plan in which the provider...
Severance Plan Not Covered by ERISA
The Third Circuit Court of Appeals has ruled, inย Girardot v. The Chemours Company,ย that an employer's severance plan is not a welfare benefit plan as defined under ERISA and, therefore, plan...
Recent FINRA Notices Seek Comment on Proposed Amendment to Quantitative Suitability and Efficacy of Supervision Rule
On the heels of the Security and Exchange Commission's (the "Commission") April 18, 2018 release of the proposed Regulation Best Interest rule package ("Regulation BI") (which was covered in our...
IRS Announces 2019 HSA Limits
The IRS has announced the 2019 calendar year dollar limits for health savings account ("HSA") contributions, and the minimum deductible amounts and maximum out-of-pocket expenses for high deductible...
Post-FMLA Leave Not Required Under ADA
The U.S. Supreme Court has declined to review Severson v. Heartland Woodcraft, Inc., which leaves standing a Seventh Circuit Court of Appeals decision concerning the availability of extended leave...
ERISA and Severance Benefits: 3rd Circuit Decision Should Prompt Employers to be Proactive
A recent 3rd Circuit Court of Appeals decision should remind employers to take the initiative -- in severance plans and agreements -- to affirmatively address whether ERISA will govern plan...
DOL Issues Temporary Enforcement Policy with Respect to Investment Advice Fiduciaries
Today, the Department of Labor ("DOL") issued Field Assistance Bulletin 2018-02 (the "FAB"), which indicates that both the DOL and the IRS will continue to rely upon its previously announced...
IRS FAQs Provide Guidance About the Paid Family and Medical Leave Tax Credit
The IRS has issued FAQs that provide guidance to employers on the Paid Family and Medical Leave Tax Credit which was created by the Tax Cuts and Jobs Act of 2017. Background. The FMLA Tax Credit, as...
Another Win for the Plan Fiduciary – Fifth Circuit Follows Dudenhoeffer Standards in RadioShack Case
On February 6, 2018, the Court of Appeals for the Fifth Circuit in Singh v. RadioShack Corp. aligned with the Second Circuit and affirmed the dismissal of Plaintiffs' proposed class action.ย The...
New Associations
New Associations - Regina Mandl, MA Lawyers Weekly, April 26, 2018
Voluntary Severance Plans: From Success to Backfire
What happens when 3,000 employees over age 55 receive a buy-out offer because they have more than 10 years of experience? Fidelity made that offer to 7% of its workforce, and more than 50% of the...
Agencies Issue Proposed FAQs on Mental Health Parity Implementation
HHS, DOL and IRS (the "Agencies") have jointly issued proposed FAQs to provide guidance on the implementation of the requirements of the Mental Health Parity and Addiction Equity Act of 2008 (the...
2018 Update for Internal Revenue Code Section 162(m) Changes
The Tax Cuts and Jobs Act of 2017 made fundamental changes to Section 162(m) of the Internal Revenue Code. The general nature of those changes is noted below, along with thoughts about their impact...
SEC Proposes Three Related Releases on Retail Investor Matters
I. Introduction After a delay of almost eightย years from the date that the SEC is authorized under the Dodd-Frank Act to provide for fiduciary standards for broker-dealers and investment advisers,...
Employee Awarded Benefits Due to Employer’s Flawed Administrative Procedures
Inย Frye v. Metropolitan Life Insurance Co.,ย a federal district court in Arkansas has held that an employee is entitled to proceeds from dependent life and accidental death and dismemberment...
Employee’s ADA and FMLA Claims Dismissed Due to Attendance Issues
Inย Wolf v. Lowe's Companies, Inc., a federal district court in Texas dismissed a former employee's Americans with Disabilities Act ("ADA") Family and Medical Leave Act ("FMLA") discrimination claims...
New Wagner Law partner to head new Lincoln office
New Wagner Law partner to head new Lincoln office - Wicked Local, April 11, 2018
Tax Exempt Organizations: Get Your Filings Right – Or Else…
At the IRS, does anyone really read Form 990s, 990-EZs, and 990-PFs? Interestingly, the first level reader is apparently not a human . . . but an IRS computer. Those who prepare 990 filings should...
Sixth Circuit Finds Disability Claimant Wasn’t Deprived of a Full and Fair Review
Inย Castor v. AT&T Umbrella Plan No. 3, the Sixth Circuit rejected an employee's claim that the administrator for her employer's disability plan had violated the DOL's claims procedure...
Participant Has Burden of Proof in LTD Claim
Inย Castor v. AT&T Umbrella Plan No. 3, the Sixth Circuit rejected an employee's claim that the administrator for her employer's disability plan had violated the DOL's claims procedure...
Fifth Circuit Adopts Standard of Review for ERISA Benefit Denial Claims
The Fifth Circuit Court of Appeals, inย Ariana v. Humana Health Plan of Texas,ย has held that theย "de novo"ย standard of review applies to ERISA denial of benefits claims involving challenges to a...
Court of Appeals Decision on Fiduciary Rule Changes the Legal Landscape and Creates Uncertainty
The viability of the DOL's Fiduciary Rule and related exemptions was put in some doubt yesterday by a Court of Appeals decision that "vacate[s] the Fiduciary Rule in toto." The U.S. Court of Appeals...
10 Ways to Protect Against Sexual Harassment in the Workplace
10 Ways to Protect Against Sexual Harassment in the Workplace - David Gabor, Think Advisor, March 15, 2018
Sexual Harassment: What You Need to Know to Protect Your Company and Your Employees
Watch David's Presentation here
Supreme Court Says Retiree Health Benefits Ended When CBA Expired
The U.S. Supreme Court, inย CNH Industries N.V. v. Reese, has ruled that certain retiree health benefits provided under a collective bargaining agreement ("CBA") terminated when the CBA expired. In...
How the TCJA Could Drive You to Divorce
How the TCJA Could Drive You to Divorce โ Regina Mandl, Tax Notes, March 12, 2018
IRS Reduces HSA Contribution Limits for Family HDHP Coverage
The IRS has released Revenue Procedure 2018-18 to implement certain changes under the Tax Cuts and Jobs Act ("Act"). One of the changes affecting health and welfare plans is a change to the...
Department of Labor to Pilot Self-Reporting Wage Violation Program
The Department of Labor's Wage and Hour Division (WHD) has announced a new program that seeks to improve the often lengthy and difficult resolution process following an employer's violation of the...
Qualified Plan Changes in Bipartisan Budget Act of 2018
On February 9, 2018, Congress passed the Bipartisan Budget Act of 2018 ("Budget Act"). This two-year budget agreement contains a number of provisions relating to tax-qualified retirement plans,...
Agencies’ Proposed Rule Expands Duration of Short-Term Health Insurance
HHS, DOL and IRS (the "Agencies") have jointly issued a proposed rule that expands the availability of short-term, limited-duration health insurance. The proposed rule would allow consumers to buy...
Tax Cuts and Jobs Act; The New Federal Divorce Law
This article, authored by Regina Mandl, Esq. and quoting Barry Salkin, Esq.,ย was published in the February 26, 2018 issue of Massachusetts Lawyers Weekly. I never have had a client who has said that...
FINRA Rules Going into Effect in 2018
There are a host of new and amended rules promulgated by the Financial Industry Regulatory Authority ("FINRA") that will be going into effect throughout 2018. This Alert summarizes these impending...
Federal Court Explains What Constitutes FMLA Interference
An Illinois federal district court, inย Hall v. Board of Education of the City of Chicago,ย has determined that an employer may have interfered with a teacher's FMLA rights when it requested that she...
Massachusetts Securities Division Files Suit to Enforce Fiduciary Rule
In a recent Alert,ย we discussed how several states are charting their own course while the U.S. Department of Labor ("DOL") proceeds with its review of the Fiduciary Rule, the Best Interest Contract...
Sick Pay Is Not “Wages” under Massachusetts Law
The Massachusetts Supreme Judicial Court, in Tze-Kit v. Massachusetts Port Authority, held that sick pay does not constitute wages under the Massachusetts Payment of Wages Law. Accordingly,...
SEC Offers Amnesty Under Share Class Selection Disclosure Initiative
In our January 18, 2018 Law Alert on share class selection, we expressed our opinion that share class selection is likely to remain an enforcement focus for the Security and Exchange Commission (the...
Tax Reform: Unintended Consequences for Broker-Dealers
The "Act to provide for reconciliation pursuant to titles II and V of the concurrent resolution on the budget for fiscal year 2018" (the "Tax Act") - formerly known as The Tax Cuts and Jobs Act -...
Compensation and Benefits: The Front Line in the War Against Sexual Harassment
Our article,ย "Hitting Workplace Harassers Where It Hurts" (National Law Journal, 12/30/2017*),ย began by recognizing that a 2016 EEOC study carried the followingย warning about sexual harassment in...
Employee’s FMLA Retaliation Claim May Proceed to Trial Due to Close Timing of FMLA Request and Termination
A federal district court, inย Walpool v. Frymaster, LLC, has allowed a terminated employee's Family and Medical Leave Act ("FMLA") retaliation claim to proceed to trial due to the close proximity...
Congress’ Spending Bill Delays Certain ACA Taxes and Extends CHIP
On January 22, 2018, President Trump signed into law a short-term spending bill (i.e., aย "continuing resolution") that reopened and refunded the federal government for three weeks (i.e., until...
Recent Developments – States Proceed with Their Own Fiduciary or “Best Interest” Standards
States Proceed with Their Own Fiduciary or "Best Interest" Standards While the U.S. Department of Labor ("DOL") continues with its mandated review of the Fiduciary Rule and related exemptions,...
ERISA Doesn’t Preempt Montana’s Mental Health Parity Law
A federal district court, inย Sand-Smith v. Liberty Life Assurance Company of Boston, determined that ERISA did not preempt Montana's mental health parity law and that the state law was therefore...
Regulatory Focus on Share Class Selection in 2018
In recent years, the Office of Compliance Inspections and Examinations ("OCIE") of the Security and Exchange Commission ("Commission") has increasingly scrutinized share class selection by...
A Window into the DOL Wage and Hour Division: Opinion Letters Shed Light
The U.S. Department of Labor Wage and Hour Division ("WHD") is responsible for providing guidance regarding wage and hour questions that arise under the Fair Labor Standards Act ("FLSA")....
DOL Announces Applicability Date for Disability Claims Regulations
The DOL has announced April 1, 2018 as the effective date for its final disability claims procedure regulations. The regulations were originally slated to apply to disability claims filed on or...
Medicine must address #MeToo momentโand beyond
Medicine must address #MeToo momentโand beyond - David Gabor, AMA Wire, June 11, 2018
DOL to Expand Association Health Plans
The Department of Labor has issued proposed regulations that would allow "bona fide groups or associations of employers" to more easily join together to form Association Health Plans ("AHPs") that...
IRS Extends Deadline for ALEs to Distribute 2017 ACA Reporting Forms to Individuals
The IRS has issued Notice 2018-06, which provides an automatic 30-day extension to the deadline for Applicable Large Employers ("ALEs") to distribute the 2017 Affordable Care Act ("ACA") reporting...
PBGC Issues Final Regulations for Terminating Defined Contribution Plans
The issue of missing participants in terminating defined contribution plans is not a new one. The issue was addressed by the Department of Labor in Field Assistance Bulletin, 2014-01, Fiduciary...
2018 Medicare Part A Deductibles and Part B Premiums
The Centers for Medicare & Medicaid Services ("CMS") has announced the Medicare Part A deductibles and Part B premiums for 2018. Medicare Part A covers inpatient hospital and hospice care, while...
Exes and Taxes
Exes and Taxes โ Regina Mandl, Associated Press, December 22, 2017
Excess Employee Remuneration for Tax-Exempt Organizations
Today, President Trump signed the tax bill (formerly known as "The Tax Cuts and Jobs Act") into law. The tax bill had to be renamed as the not-too-catchy "Act to provide for reconciliation pursuant...
Tax Reform Bill Passes Both Chambers; Awaiting President’s Signature
House and Senate Republicans voted along party lines yesterday and into the early hours today to pass a tax reform bill, after weeks of wrangling by both Chambers to reconcile the respective...
TPA’s Recordkeeping Demonstrates Employer Met COBRA Notice Requirements
The Eleventh Circuit Court of Appeals, inย DeBene v. Bay Care Health System, Inc., determined that an employer had met its COBRA notification requirements based solely on ample evidence of its...
“Lifetime” Retiree Health Benefits Ended When CBA Expired
The Sixth Circuit Court of Appeals, inย Watkins vs. Honeywell International Inc., determined that an employer's promise to provide healthcare benefits for its retirees expired when the collective...
FINRA Shares Examination Findings
The Financial Industry Regulatory Authority (FINRA) recently released the results of its exam program to assess compliance with securities rules and regulations. FINRA conducts cyclical examinations...
Employer Not Liable for Failure to Send COBRA Election Notice
Inย Sanders vs. Temenos, Inc. the U.S. District Court for the Southern District of Florida determined that an employer was not liable for a failure to provide a COBRA notice because its former...
Social Security Administration Revises 2018 Taxable Wage Base Cost-of-Living Adjustment
On Novemberย 27, 2018,ย the Social Security Administration issued a press release announcing its revision of theย maximum amount of earnings subject toย Social Security tax for 2018ย from $128,700, as...
IRS to Begin Assessing Penalties for Employer Shared Responsibility Provisions
The IRS has announced, through a series of questions and answers, that it will begin the process of assessing penalties for violations of the Affordable Care Act's ("ACA"s) employer shared...
DOL Extends Transition Period for BICE and Other Exemptions by 18 Months
The DOL finalized its proposed 18-month extension - from January 1, 2018 to July 1, 2019 - of the Transition Period for the Best Interest Contract Exemption ("BICE"), Principal Transactions...
ACA’s PCORI Fee Increases
IRS Notice 2017-61 provides that the latest Patient Centered Outcomes Research Institute ("PCORI") fee amount for policy and plan years that end on or after October 1, 2017, and before October 1,...
FINRA’s New Qualification and Registration Rules Effective October 1, 2018
Last month, the Securities and Exchange Commission (SEC) approved a new set of rules proposed by the Financial Industry Regulatory Authority (FINRA) intending to consolidate and simplify...
Massachusetts Increases Employers’ Health Care Assessments
Massachusetts Governor Baker has signed Bill H. 3822 "An Act Further Regulating Employer Contributions to Health Care" (the "Act"), which will temporarily increase fees for the state's Employer...
Amendments to the Tax Cuts and Jobs Act; Senate Version of Tax Bill Unveiled
Yesterday, Senate Republicans unveiled their version of the tax bill (the "Senate Bill"). This comes one week after House Republicans first introduced the Tax Cuts and Jobs Act (the "House Bill"),...
IRS Releases Guidance on QSEHRAs
The IRS has released guidance on the requirements for eligible small employers to offer qualified small employer health reimbursement arrangements ("QSEHRAs") to eligible employees.ย In Notice 2017-...
Tax Cuts and Jobs Act: Good News for 401(k) Plans, Bad News for Nonqualified Deferred Compensation
Yesterday, the Chair of the House Ways and Means Committee introduced the tax-writing body's inaugural bill, the Tax Cuts and Jobs Act (the "Act") outlining the federal tax reform plan. In general,...
Employer’s Honest Belief of FMLA Abuse Defeats Employee’s Retaliation Claim
The Third Circuit Court of Appeals, in Capps v. Mondelez Global, LLC, has ruled that an employer's decision to terminate an employee based on its honest belief that the employee misused FMLA leave...
Disability Claims Regulations Delayed
The DOL has proposed a 90-day delay in the effective date of the new ERISA disability claims regulations. This would change the effective date of the regulations to April 1, 2018. Background. In...
IRS Announces 2018 Retirement Plan Limitations
The Internal Revenue Serviceย announced cost-of-living adjustments affecting certain dollar limitations for pension plans and other retirement-related limitations for 2018, as detailed in Notice...
IRS Guidance on Health Care Reporting Requirements for 2017 Income Tax Returns
The IRS has stated that it will not accept Forms 1040 for the 2017 tax year if the taxpayer does not report on the ACA's health coverage reporting requirements. This is the first year that the IRS...
Calculating Regulatory Assets Under Management
A question we frequently receive from our advisory firm clients is whether they are accurately calculating and reporting regulatory assets under management ("RAUM"). RAUM, as a metric, was first...
New Agency Rules Expand ACA’s Contraceptive Coverage Exceptions
The IRS, DOL and HHS have released two interim final rules that implement President Trump's executive order exempting certain employers from the ACA's contraceptive coverage mandate. The interim...
No New COBRA Election Period for Incapacity
A California District Court, inย Regents of the Univ. of Ca. v. Stidham Trucking, Inc.,ย has ruled that while a COBRA election period may be tolled during a period of incapacity, being incapacitated...
ACA Does Not Prohibit Lifetime Benefit Caps for Retiree-Only Benefit Plans
The Ninth Circuit Court of Appeals, in King v. Blue Cross and Blue Shield of Illinois, has ruled that the ACA does not prohibit lifetime benefit maximums for retiree-only plans. However, the court...
Pregnancy is Not a Pre-existing Condition for Disability Insurance
The U.S. Court of Appeals for the Eleventh Circuit, inย Bradshaw v. Reliance Standard Life Insurance Co., has rejected a disability insurer's decision to deny disability benefits to an insured who...
BICE and Related Exemptions: Limiting Your Liability Until Full Implementation
Background - Transition Period May be Extended Until July 1, 2019 The DOL recently proposed to extend the transition period by 18 months (i.e., from January 1, 2018 to July 1, 2019) for the full...
Individual Supervisor May be Liable under FMLA
A Massachusetts District Court,ย in Eichenholz v. Brinks Incorporated, et. al., has determined that an individual supervisor may be held personally liable for violating an employee's FMLA rights....
Update Regarding EEOC Reporting Requirements
The Equal Employment Opportunity Commission ("EEOC") released an updated EEO-1 reporting form in August of 2016, which requires covered employers to provide employee pay data beginning in March...
IRS Releases ACA Affordability Rates for 2018
The Internal Revenue Service has released Revenue Procedure 2017-36 to implement index adjustments in 2018 for certain Affordable Care Act ("ACA") contribution percentages used for purposes of...
DOL Officially Proposes 18-month Delay Of Full Implementation Of BICE And Other Exemptions
Today, the DOL released its full proposal to extend the transition period by 18 months for the full implementation of the Best Interest Contract Exemption ("BICE"), the Principal Transactions...
IRS Guidance Clarifies Impact of Executive Order on ACA Mandate Penalties
The IRS recently released four information letters to clarify and confirm that the employer and individual mandate penalties of the Affordable Care Act ("ACA") continue to apply. The information...
DOL to Review Disability Claims Procedure Regulations
DOL recently announced that it will review ERISA's disability claims procedures regulations for questions of law and policy to determine if they should be amended, delayed, or withdrawn. The...
DOL Seeks 18-Month Delay of Best Interest Contract Exemption and Other Fiduciary Rule Exemptions
In an August 9, 2017 court filing, the U. S. Department of Labor ("DOL") announced that it had, on August 9, taken steps to delay the date for full implementation of the Best Interest Contract...
IRS Releases 2017 Draft Forms for ACA’s Employer Reporting Requirements
The IRS has released draft versions of the Forms 1094 and 1095 that employers will use to satisfy their ACA reporting obligations for the 2017 tax year. Background. The ACA amended the Internal...
Fifth Circuit Finds SPD to be Official Welfare Plan Document
The Fifth Circuit Court of Appeals, in Rhea v. Alan Ritchey, Inc. Welfare Benefit Plan, has confirmed that a welfare benefit plan's summary plan description ("SPD") could serve as the official plan...
“Cat’s Paw” Liability Theory Applies to FMLA Retaliation Claims
The Sixth Circuit Court of Appeals, inย Marshall v. The Rawlings Company LLC, has issued a ruling that confirms the "cat's paw" is a valid theory of liability for FMLA retaliation or interference...
State Law Prohibiting Discretionary Clauses Not Preempted by ERISA
The Ninth Circuit Court of Appeals, in Orzechowski v. The Boeing Co Non-Union Long-Term Disability Plan, has ruled that ERISA preemption does not apply to a California law prohibiting discretionary...
Supreme Court Finds ERISA Exemption Applies to Religious Hospital Plan
The Supreme Court, inย Advocate Health Care Network v. Stapleton, has ruled that ERISA's church plan exemption applies to employee benefit plans established by church-affiliated organizations. In...
New Fiduciary Rule Applies to HSAs
The Department of Labor ("DOL") has clarified that individuals who provide advice on health savings accounts ("HSAs") may be considered fiduciaries under its recently-released Fiduciary Rule if...
Recently-Enacted State-Level Legislation Imposes New Obligations on Financial Institutions, Investment Advisers and Service Providers to 403(b) Plans
Legislation recently enacted by two states obligates financial institutions and investment advisers, as well as service providers to non-ERISA 403(b) plans, to meet new compliance requirements....
CMS Proposes Change in Small Employer Enrollment Procedure
The Centers for Medicare & Medicaid Services ("CMS") has proposed a change in the method used by small businesses and their employees to enroll in insurance coverage through the Federal...
Agencies Release FAQs on Mental Health Parity
DOL, HHS and IRS have released FAQs about Affordable Care Act Implementation Part XXXVIII. Specifically, FAQs XXXVIII address whether certain requirements under the Mental Health Parity and...
Federal Court Finds City, Not Staffing Agency, Employer for FMLA Purposes
The Fourth Circuit Court of Appeals, inย Quintana v. City of Alexandria, has ruled that the primary employer for an employee claiming FMLA violations was a municipality and not the staffing agency...
Court: Employer Need Not Translate COBRA Election Notice into Non-English Language
A federal district court in Florida has ruled that COBRA does not require an employer, acting in its role as group health plan administrator, to translate COBRA Election Notices into terminated...
Court Determines Employer Not Required to Notify Employee of FMLA Rights
The Tenth Circuit Court of Appeals has ruled, inย Branham v. Delta Airlines, that FMLA does not require an employer to notify an employee who may be eligible for FMLA leave about her rights...
Two HHS Settlements for HIPAA Violations Include Penalties Totaling over $5 Million
HHS has announced two major settlements it has reached with covered entities to resolve alleged violations of the HIPAA Privacy and Security Rules.ย The terms of each settlement agreement require...
DOL Confirms June 9th Applicability Date of The Fiduciary Rule and Exemptions
The U.S. Department of Labor ("DOL") has confirmed that it will not seek to further delay the June 9, 2017 applicability date of the new fiduciary rule defining investment advice ("Fiduciary Rule"),...
IRS Guidance on Tax Treatment of Benefits Paid by Self-Funded Fixed-Indemnity Plans
The IRS has issued a Chief Counsel Advice addressing whether a benefit paid from an employer's self-funded, fixed-indemnity health plan is taxable when the average amount received by employees for...
House Passes ACA Reform Bill
The House of Representatives has passed a revised version of the American Health Care Act (the "AHCA") to implement certain changes to the Affordable Care Act ("ACA"). Although the ACHA was intended...
Covered Entity Agrees to Pay HHS $31,000 for Business Associate Agreement Failure
HHS has announced that a health care provider has paid $31,000 and agreed to implement a corrective action plan to settle potential violations of the Health Insurance Portability and Accountability...
The Wagner Law Group Receives IRS Approval of its Volume Submitter 403(b) Plan
The Wagner Law Group has again broken new ground by receiving IRS approval of its volume submitter 403(b) plan. The IRS's new pre-approved 403(b) plan program represents the first opportunity for...
Employer Liable for Failing to Furnish Life Insurance Conversion Information
The United States District Court for the Western District of Pennsylvania recently ruled, in Erwood v. Life Insurance Company of North America and Wellstar Health System, Inc. Group Life Insurance...
HHS Releases Final Rule Intended to Lower Premiums and Stabilize ACA Marketplace
HHS has issued a final rule intended to implement certain changes that insurers contend are necessary to help lower premiums and provide stability to the Affordable Care Act individual health...
HHS Releases HIPAA Guidance on “Man-in-the-Middle” Attacks
HHS has issued guidance to advise covered entities and business associates about certain risks attendant to using HTTPS inspection products to prevent third-parties from intercepting and altering...
Federal Court Says Insurer’s Recoupment Practice is Illegal
The United States District Court for the District of Connecticut recently declared, in Connecticut General v. True View Surgery Center One LP, that ERISA prohibited a health insurer's practice of...
DOL Announces 60-day Delay to Fiduciary Rule and Exemptions, and Makes Significant Changes to Transition Period Compliance
The U.S. Department of Labor's ("DOL") proposed 60-day delay to the new fiduciary rule defining investment advice ("Fiduciary Rule"), the Best Interest Contract Exemption ("BICE"), and other related...
Federal Court Says Insurer’s Practice of Cross-Plan Offsetting is Illegal
The United States District Court for the District of Minnesota recently determined, in Peterson v. UnitedHealth Group, Inc., that a health insurer's practice of "cross-plan offsetting" was illegal...
IRS Clarifies the Rules for Disposal of Cafeteria Plan Forfeitures
The IRS has issued guidance on the rules for disposing of unused funds in a cafeteria plan where the plan's sponsor discontinues its business operations. In Information Letter 2016-0077, the IRS...
House Committees Release Proposals to “Repeal and Replace” ACA
Two House of Representatives Committees have each released separate budget proposals that, after review and mark-up, will form the American Health Care Act ("AHCA"), the first in a series of...
IRS Extends Deadline for Small Employers to Furnish QSEHRA Notice to Employees
The IRS has issued Notice 2017-20 to extend the deadline for employers who establish a qualified small employer health reimbursement arrangement ("QSEHRA") to send a required notice to employees...
Hardship Distributions
๏ปฟIn recent months, the IRS has provided guidance with respect to hardship withdrawals from tax-qualified plans. In an October 2016 entry on its website, Hardship Distribution Tips from EP Exams, the...
Federal Court Finds FMLA Retaliation When Employer Revokes Telework Arrangement
The Seventh Circuit Court of Appeals recently determined, inย Wink v. Miller Compressing Co., that an employer had retaliated against an employee in violation of the Family and Medical Leave Act of...
IRS Proposes Update to Mortality Tables for Defined Benefit Pension Plans
In recent months, the IRS has provided guidance with respect to hardship withdrawals from tax-qualified plans. In an October 2016 entry on its website, Hardship Distribution Tips from EP Exams, the...
IRS Issues Proposed Regulations Redefining Dependent for Federal Tax Purposes
The Internal Revenue Service has issued proposed regulations that redefine the term "dependent" under the Internal Revenue Code. In particular, the proposed regulations implement the changes made to...
DOL Seeks Fiduciary Rule Delay
In recent months, the IRS has provided guidance with respect to hardship withdrawals from tax-qualified plans. In an October 2016 entry on its website, Hardship Distribution Tips from EP Exams, the...
President Trump Issues Memorandum Delaying Fiduciary Rule
Friday, February 3, 2017 - The waiting and speculation as to the actions that the Trump Administration might take with respect to the DOL Fiduciary Rule ("Fiduciary Rule") has ended. This afternoon,...
Updated Law Alert on Fiduciary Rule
We would like to update the ERISA LAW ALERT sent earlier today. In the Alert, which was based on a draft version of the Executive Memorandum, we stated that the DOL Fiduciary Rule would be delayed...
FMLA Notice Failure is FMLA Interference
๏ปฟThe Sixth Circuit Court of Appeals recently determined, inย Casagrande v. OhioHealth Corp., that an employer violated the Family and Medical Leave Act of 1993 ("FMLA") when it failed to notify an...
President Trump Issues ‘Two-for-One’ Regulations Executive Order
On Monday,ย January 30th, President Trumpย issued an executive orderย providing that, unless otherwise prohibited by law,ย in the eventย an executive department or agency proposes or promulgates a new...
The DOL’s New Fiduciary Rule Becomes Applicable on April 10, 2017 – Are you Ready?
Dearย Clients and Friends: The U.S. Department of Labor's new fiduciary "Conflict of Interest Rule" applicability date of April 10, 2017, is fast approaching and the implications of being a fiduciary...
IRS Updates Guidance on ACA Information Reporting by Health Coverage Providers
The IRS has released updated Q&As to explain the information reporting requirements under the Affordable Care Act ("ACA"). Background.ย The ACA added Section 6055 to the Internal Revenue Code,...
Retirement Plan Governance: Understanding the Role of a Benefit Plan Committee
Retirement Plan Governance: Understanding the Role of a Benefit Plan Committee - Legg Mason, January 2017
Small Employers May Resume Offering Premium Reimbursement HRAs to Employees
The recently enacted 21st Century Cures Act (the "Act") will allow small employers that do not offer any group health plan to their employees to resume offering "qualified small employer" Health...
The Future of the DOL Fiduciary Rule Under President Trump
After Donald Trump's election victory, many are wondering what to expect with respect to the Department of Labor's recently adopted fiduciary rule governing investment advice related to retirement...
IRS Announces 2017 Retirement Plan Limitations
Today, the Internal Revenue Serviceย announced cost-of-living adjustments affecting certain dollar limitations for pension plans and other retirement-relatedย limitations forย 2017, as detailedย in...
Court Determines Employer’s Severance Plan is Subject to ERISA
The Fifth Circuit Court of Appeals determined, inย Gomez v. Ericsson, Inc.,ย that an employer's severance plan was governed by ERISA because it required ongoing administration and allowed the employer...
IRS Releases Final Version of ACA Reporting Forms for 2016
The IRS has released final 2016 Forms 1094-C and 1095-C along with instructions for each.ย They confirm that the Affordable Care Act ("ACA") reporting requirements for 2016 are similar to those for...
Court Finds Employee Benefit Trust Fund’s Trustee, Legal Counsel Liable for Retaliating Against ERISA Whistleblower
A U.S. District Court has determined, in Perez v. Scott Brain, that an employee benefit trust fund's trustee and legal counsel engaged in illegal activity when they retaliated against a fund...
State Law May Prohibit Discretionary Clauses in ERISA-covered Plans
Despite ERISA's preemption clause, a federal district court has upheld, in Thomas vs. Aetna Life insurance Co., a California law prohibiting discretionary clauses in ERISA-covered plans. Background....
Court Rules that Employer Liable for Death Benefit
A U.S. District Court has determined, inย Van Loo v. Cajun Operating Company,ย that an employer that self-administered a life insurance plan breached its fiduciary duty under ERISA when it...
Employee Classifications Irrelevant in Determining Shared Responsibility Penalties
The IRS has clarified that an employer's internal classifications and work-time restrictions are not taken into account for purposes of determining the employer's shared responsibility and...
What the DOL’s Final Fiduciary Rule Means for Plan Committees
On April 6, 2016, the U.S. Department of Labor ("DOL") released its final rule on fiduciary investment advice and its related exemptions ("Fiduciary Rule") that greatly expands the list of...
Draft Instructions for 2016 ACA Reporting Forms
The IRS has released draft instructions for the 2016 Forms 1094-C and 1095-C.ย They confirm that the Affordable Care Act ("ACA") reporting requirements for 2016 are similar to 2015, except for...
Medicare-Enrolled Employees’ Impact on ACA’s Employer Mandate Penalty
The IRS has explained how employees enrolled in Medicare affect an employers' liability under the Affordable Care Act's ("ACA's") employer shared responsibility penalties. Under the ACA, employers...
DOL to Adjust Civil Monetary Penalties for Inflation
On June 30, 2016, the U.S. Department of Labor published an interim final rule to adjust for inflation the civil monetary penalties it is charged with enforcing. Current law requires Federal...
IRS Confirms ACA Information Returns May Continue to be Electronically Filed without Penalty
The IRS has confirmed that ACA information return filers that failed to meet the June 30, 2016 deadline for electronically submitting Forms 1094-C (and related Forms 1095-C) via the IRS's ACA...
EEOC Issues Guidance on Notice Requirements for Wellness Programs that Solicit Medical Information
The EEOC has released a sample notice and corresponding Q&As to explain to employers the notice requirements applicable to wellness programs that include disability-related inquiries or medical...
Agencies Release Guidance on Application of ACA Rules to Expatriate Health Plans
IRS, DOL, and HHS have issued proposed regulations on expatriate health plans, expatriate health issuers and qualified expatriates under the Expatriate Health Coverage Clarification Act of 2014...
EEOC Issues Final Regulations on Employer Wellness Programs
The Equal Employment Opportunity Commission ("EEOC") has issued two sets of final regulations that provide guidance on how employer-sponsored wellness programs that require employees to answer...
IRS Releases ACA Affordability Rates for 2017
The Internal Revenue Service has released Revenue Procedure 2016-24 to implement index adjustments in 2017 for certain Affordable Care Act ("ACA") contribution percentages. Background.ย Under ACA,...
DOL Releases New FMLA Guide and General Notice for Employers to Use
DOL has released a new FMLA Guide along with a new General FMLA Notice to help employers administer the FMLA requirements. FMLA Guide.ย DOL says that its new FMLA Guide, "The Employer's Guide to the...
The Wagner Law Group Receives PLR on Complicated Defined Benefit Plan Issues
The Wagner Law Group requested a Private Letter Ruling ("PLR") on behalf of a client ("Taxpayer") that terminated its defined benefit pension plan ("DB Plan") even though the DB Plan had a yet-to-be...
The Department of Labor’s Finalized Fiduciary Rule; What You Need to Know!
Almost a year after being proposed and after public hearings and thousands of comment letters, the U.S. Department of Labor ("DOL") has finalized its regulation redefining and broadening the meaning...
First Circuit: Benefit Denial Letters must Explain Plan’s Deadline for filing a Lawsuit
The U.S. Court of Appeals for the First Circuit, inย Santana-Diaz v. Metro. Life Ins. Co, has ruled that an ERISA-covered employee benefit plan's three year limitation period for filing a lawsuit to...
Correcting Mistakes on ACA Reporting Forms
To enforce the Affordable Care Act's ("ACA's") employer and individual mandates, the IRS requires information about the group health coverage provided by applicable large employers ("ALEs").ย IRS...
FINRA Weighs in on Robo-Advisors
With the imminent release of the proposed ERISA fiduciary regulation in final form, many financial advisors are weighing the pros and cons of delivering participant investment advice. Does the "Best...
Federal Court Rules HR Director May Be Individually Liable Under FMLA
The Second Circuit Court of Appeals has ruled, inย Graziadio v. Culinary Institute of America, that human resources personnel and supervisors who handle the administration of leave requests under the...
Agencies Propose Revised SBC Template
DOL, HHS and IRS have jointly proposed a revised Summary of Benefits and Coverage ("SBC") template and related materials.ย The revised SBC will likely become effective for plan years beginning with...
IRS Issues Guidance on Reallocation of VEBA Assets
IRS has released guidance to address when assets held in a voluntary employee beneficiary association ("VEBA") to fund one type of welfare benefit are reallocated to fund other benefits under the...
Guidance on Individuals’ HIPPA Right to Access PHI
The Department of Health and Human Services ("HHS") has issued guidance clarifying individuals' right under the HIPAA Privacy Rule to access their protected health information ("PHI") maintained by...
Guidance on Health Reimbursement Arrangements
The IRS has issued Notice 2015-87, which provides guidance on a myriad of Affordable Care Act ("ACA") market reforms, including ACA compliance issues raised by health reimbursement arrangements...
DOL Says Certain Stop-Loss Insurance Policies Are Not Plan Assets
The DOL, in Advisory Opinion 2015-02A, has determined that a stop-loss insurance policy purchased by an employer for its self-insured health plan is not a plan asset, even though part of the plan's...
DOL Issues Proposed Regulations Implementing ACA Protections for Disability Claims
The DOL has issued proposed regulations for adjudicating disability benefit claims.ย This proposal wouldย apply many of the procedural protections and safeguards provided under the Affordable Care...
Office Holiday Parties: A Time For Cheers, Not Tears
Office Holiday Parties: A Time For Cheers, Not Tears - David Gabor, Employment Law Webinar, November 19, 2015 - View David Gabor's presentation here
U.S. Department of Labor Publishes Interpretive Bulletin and Proposed Safe-Harbor Regulation Regarding State Retirement Savings Plans
On Monday, November 16, 2015, the U.S. Department of Labor issued two new pieces of regulatory guidance. The DOL released Interpretive Bulletin, IB 2015-02 (the "IB") explaining the Department's...
ACA Reporting Requirements for Multiemployer Plans
IRS has released the final forms and instructions for satisfying the reporting requirements of the Affordable Care Act ("ACA"). In particular, the final instructions offer guidance on how applicable...
HHS’s Office of Civil Rights to Launch New Round of HIPAA Audits
The Department of Health and Human Services' Office of Civil Rights ("OCR") will begin audits early next year to gauge covered entities' compliance with HIPPA's security and privacy requirements for...
IRS Grants Relief for many Integrated HRAs in Final Instructions for ACA Reporting Forms
The IRS has issued final instructions for Forms 1094 and 1095 (collectively, the "Forms"). Notably, the final instructions eliminate the requirement that employers report the coverage provided to...
Defensive Plan Building, Otherwise Known as “Minimizing Legal Risks in the Design, Implementation and Administration of Employee Benefit Plans”
I can't even recall how many times I have written - on this blog and elsewhere - on what I call "defensive plan building," which is the idea that plans should be designed, built out and operated...
Federal Court Provides Test for Whether Severance Pay Policy is an ERISA Plan
Inย Okun v. Montefiore Medical Center,ย the Second Circuit Court of Appeals created a three-part test to determine whether a severance pay policy is an "employee welfare benefit plan" as defined in...
Final Revised SBC Regulations Issued
IRS and the Departments of Labor and Health and Human Services have issued final revised regulations that identify the standards for the Summary of Benefits and Coverage ("SBC") requirement under...
EPCRS’s Makeover
Plan sponsors must operate their plans in compliance with notoriously complex rules set forth in the Internal Revenue Code (IRC)ย none more so than those relating to automatic contribution and...
DOL Releases New FMLA Forms
The U.S. Department of Labor ("DOL") has released updated Family and Medical Leave Act ("FMLA") forms. The new FMLA forms, which expire May 31, 2018, contain "safe harbor" language that tell persons...
Court Rules that ERISA’s Hold-in-Trust Requirement Does Not Require Express Words
The Ninth Circuit U.S. Court of Appeals has ruled that ERISA's hold-in-trust requirement does not necessitate the creation of a document including express words of trust. Inย Barboza v. California...
What Would William Shakespeare Say About Tibble v. Edison?
Years ago I moved from reading fiction for fun to mostly reading non-fiction, not long after reading The Corrections and spending the whole time hearing, in style, tone and manner, echoes in the...
IRS Issues Updated Guidance on ACA Reporting Requirements for Large Employers
The IRS has released updated guidance on the reporting requirements for applicable large employers ("ALEs") under Internal Revenue Code Sections 6055 and 6056. Beginning in 2016, ALEs must file...
ACA FAQs Address Coverage of Preventive Services
DOL, HHS and IRS (the "Departments") have released FAQs About Affordable Care Act (ACA) Implementation Part XXVI ("FAQ XXVI"). FAQ XXVI provides clarification of the no-cost preventive services...
DOL Extends Comment Period for Proposed Fiduciary Rule, and Supreme Court Issues Tibble Decision
In this alert, we discuss two issues: (1) the Department of Labor's turnabout on the comment period for its proposed fiduciary regulation and (2) the Supreme Court's statute of limitations decision...
Will the Department of Labor extend the comment period for its fiduciary regulation proposal?
One month ago, the Department of Labor ("DOL") proposed a new regulatory definition of a "fiduciary" with regard to any employee benefit plan covered by the Employee Retirement Income Security Act...
Federal Court Finds Employer Failed to Deliver SPD Because It Failed to Follow ERISA’s Electronic Disclosure Rules
A federal court has found that merely posting a summary plan description ("SPD") on a company intranet did not satisfy the electronic disclosure rules under ERISA. Inย Thomas v. CIGNA Group Ins., the...
Cybersecurity Guidance Update from SEC
On April 28, 2015, the SEC Division of Investment Management issued guidance with regard to cybersecurity issues for both registered investment companies and registered investment advisers. (IM...
SPD Alone Cannot Grant Plan Administrator Discretionary Authority to Determine Eligibility for Benefits
The United States Court of Appeals for the Ninth Circuit has ruled, inย Prichard v. Metropolitan Life Insurance Company, that a summary plan description ("SPD") cannot give a plan administrator...
Employer Breached Fiduciary Duty by Issuing Inaccurate SPD
The United States Court of Appeals for the Sixth Circuit has ruled that an employer breached its fiduciary duty by furnishing a participant with a misleading summary plan description ("SPD")...
DOL Proposes New Fiduciary Rule for Retirement Advisors
The U.S. Department of Labor ("DOL") published its long awaited proposed rule addressing conflicts of interest in retirement advice. The new proposal broadens the scope of retirement advisors...
Federal Judge Stops DOL’s Enforcement of New FMLA Same-sex Spouse Rule
A federal judge in Texas has granted a temporary injunction preventing the DOL from enforcing its new rule under the Family and Medical Leave Act ("FMLA") that would extend FMLA protections to...
Why Employers Need a Gap Analysis
The Employee Retirement Income Security Act of 1974 ("ERISA") and the Internal Revenue Code ("Code") regulate employer-sponsored retirement, executive compensation, welfare and fringe benefit plans....
FAQs on Estate Planning and Retirement
My spouse and I spend winters in Florida and are considering making Florida our legal residence. We have been told that aside from the weather, Florida offers a favorable "tax climate." Is that...
Tibble Goes to the Supreme Court
Background. On February 24, 2015, the Supreme Court heard oral arguments in Tibble v. Edison International which involves the application of ERISA's six-year statute of limitations. The limitations...
White House and DOL Release New Information on New Fiduciary Proposal
The White House and the U.S. Department of Labor ("DOL") have released new information concerning the DOL's highly anticipated proposal to revise its fiduciary definition under ERISA. The DOL...
Wagner Law Group Welcomes ERISA Attorney Tom Clark
Tom Clark's expertise encompasses all aspects of employee benefits programs, including the design, implementation and compliance of retirement plans, health and welfare plans, and executive and...
Benefit Plans’ Responsibilities re Anthem Data Breach
Anthem, Inc., one of the country's largest health insurance companies, announced on February 5, 2015 that approximately 80 million customers have had their account information stolen. Such...
DOL Issues New Guidance on Locating Missing Participants
The U.S. Department of Labor ("DOL") has provided new guidance to plan fiduciaries of terminated defined contribution plans for locating missing or unresponsive participants in order to distribute...
ERISA’s 40th Anniversary – a retrospective article discussing ERISA and thoughts regarding its future
This week marks the 40thย anniversary of a landmark event that, along with Social Security, has shaped the retirement landscape in the United States. President Gerald Ford's signing into law of the...
IRS Issues Guidance Providing Penalty Relief for Late Filing of Forms 5500
The Internal Revenue Service ("IRS") has issued two pieces of guidance that provide relief to retirement plan sponsors and administrators from the penaltiesย that may be assessedย under the Internal...
Top Ten Lessons Learned from American Apparel
Marcia Wagner Welcomes Stephen Rosenberg to the Wagner Law Group & Names David Gabor as Partner, July 21, 2014
๏ปฟ
Marcia Wagner Welcomes Stephen Rosenberg to the Wagner Law Group & Names David Gabor as Partner
Marcia Wagner Welcomes Stephen Rosenberg to the Wagner Law Group & Names David Gabor as Partner, July 21, 2014
IRS Issues New Guidance on Windsor’s Application to Tax Qualified Retirement Plans
The IRS has issued additional guidance (i.e., Notice 2014-19) regarding the impact that the U.S. Supreme Court's United States v. Windsor decision will have on tax-qualified retirement plans. In...
Mergers & Acquisitions: A Checklist from the Employment & Benefits Law Perspective
View the presentation here
DOL Proposal Requiring New “Roadmap” Guide for 408(b)(2) Fee Disclosures
On March 11, 2014, the U.S. Department of Labor (the "DOL") issued its long-anticipated proposal concerning a separate roadmap or guide (the "Guide") that would need to be included with a covered...
IRS Releases 2014 Limits for Welfare Benefit Plans
The IRS has released the 2014 inflation-adjusted maximums for certain employee welfare benefit plans and the dollar amounts used for certain discrimination tests. For the definition of "highly...
2014 Cost of Living Adjustments
It gives me great pleasure to acknowledge and congratulate our 2013 New England Super Lawyers in Employee Benefits/ERISA: John Keegan, Russ Gaudreau and Marcia Wagner. I would also like to...
Section 404(a)(5) Annual Fee Disclosure Notice Extension
The Department of Labor, in Field Assistance Bulletin ("FAB") No. 2013-02[1] released July 22, 2013, has provided plan sponsors and their service providers with flexibility on when they need to give...
Tactical Asset Allocation & ERISA Plans: Best Practices for Finding the Right Strategy for Plan Participants
View Printable PDF I. Introduction โ Plan Fiduciaries and Tactical Asset Allocation Looking for ways to stabilize returns and manage downside risk, plan sponsor and investment advisor interest in...
Affordable Care Act Employer Mandate Postponed, but Many Rules Still Currently Applicable
President Obama signed the Affordable Care Act into law on March 23, 2010. Many of its requirements became effective at various times over the last three years: Making health care coverage available...
Supreme Court Rules Part of DOMA Unconstitutional
The U.S. Supreme Court has upheld a lower court decision declaring Section 3 of the federal Defense of Marriage Act ("DOMA") unconstitutional. Section 3 of DOMA defines a "marriage", for most...
Nationally Recognized Roberta Casper Watson Joins The Wagner Law Group
Roberta Casper Watson, as head of the Welfare Benefits Department, will join Senior Associate Barry Newman, Associate Alex Olsen and Senior Benefits Consultant Virginia Peabody in the Welfare...
DOL Releases PPACA and HIPAA Self-Compliance Tools
The U.S. Department of Labor ("DOL") has issued two self-compliance tools that allow sponsors of group health plans to test whether they are in compliance with the Patient Protection and Affordable...
Tax Reform Proposals Regarding the Retirement System
How Plans Affect the Deficit.ย Legislators and policymakers know that the amount of tax revenue forgone on account of retirement plans is very large and this makes 401(k) plans an easy target for...
Promoting And Evaluating The Success Of Your Plan
View Printable PDF Introduction 401(k) plans and other similar tax-qualified retirement plans (โPlansโ) are important long-term savings vehicles that employers can establish for the exclusive...
Separating Fact from Fiction: The Potential Risks and Rewards of Hiring 3(16) Fiduciaries
Separating Fact from Fiction: The Potential Risks and Rewards of Hiring 3(16) Fiduciaries, Sentinel Benefits & Financial Group, April 29, 2013
Broader โFiduciaryโ Definition: Legal Update
Broader โFiduciaryโ Definition: Legal Update,ย byallaccounts, February 2013
A Plan Sponsorโs Fiduciary Calling to Improve the Retirement Readiness of Plan Participants
View Printable PDF Executive Summary Plan sponsors and other fiduciaries have good reason to help plan participants with their retirement readiness. The U.S. Department of Laborโs โ404a-5...
What Trustees in Bankruptcy Need to Know About Pension Plans
View Printable PDF On September 18, 2013, PenChecks Trust hosted โWhat Trustees in Bankruptcy Need to Know About Pension Plans,โ an online seminar as part of its 2013 Expert Series. The session...
Through the ERISA Lens: Principles of DC Fund Selection
View Printable PDF Introduction Mutual funds (โFundsโ) have become popular investment vehicles for 401(k) plans and other types of retirement plans (collectively, โPlansโ) that give participants...
IRS Releases 2013 Limits for Welfare Benefit Plans
The IRS has released the 2013 inflation-adjusted maximums for certain employee welfare benefit plans and the dollar amounts used for certain discrimination tests. For the definition of "highly...
Attorney David Gabor Named a Fellow in the Litigation Counsel of America, November 27, 2012
Attorney David Gabor Named a Fellow in the Litigation Counsel of America
Attorney David Gabor Named a Fellow in the Litigation Counsel of America, November 27, 2012
2013 Cost of Living Adjustments
In this newsletter, we will discuss some recent developments related to tax qualified plans. The first article highlights changes in the Cost of Living Adjustments for 2013. The IRS recently...
How Changes in Leave Laws Impact Employers
View David Gabor's Webinar here
PPACA Survives Constitutional Challengeย in Supreme Court
The U.S. Supreme Court has rejected most constitutional challenges to the Patient Protection and Affordable Care Act ("PPACA"), leaving the law's individual mandate intact. Individual Mandate.ย ...
Fee Disclosures Under ERISA Section 408(b)(2)
View Printable PDF Overview Financial advisors serving the 401(k) plan market should be aware of the new fee disclosure requirements under ERISA Section 408(b)(2). The primary requirement is the...
IRS Determination Letter Program for Tax-Qualified Retirement Plans
I. TAX-QUALIFIED PLANS IRS Determination Letter Program for Tax-Qualified Retirement Plans As we have explained in our previous newsletters, the Internal Revenue Service ("IRS") processes...
New Final Regulations Under ERISA Section 408(b)(2)
On February 2, 2012, the DOL finalized its regulations under ERISA Section 408(b)(2), replacing the existing interim final regulations that require certain disclosures by plan service providers to...
ERISA/Employee Benefits Compliance Checklist
Do you have an ERISA-compliant plan document? Do you have an ERISA-compliant summary plan description? To the extent that the plans are self-insured, are they in writing? Has consideration been...
The savings crisis of working Americans: The retirement industry call to action
View Printable PDF America, we have yet another problemโฆ one that has been building for years. Where, exactly, are working Americans going to get enough income to replace 80% to possibly 100% of...
IRS Clarifies Process for Terminating 403(b) Plans and Tax Impact on Participants Receiving Termination Distributions
The IRS recently released Revenue Ruling 2011-7 (the "Ruling") to clarify the requirements for employers terminating 403(b) plans. The Ruling also explains the tax consequences for participants...
Are Investment Providers Finally Stepping Up to The Plate as Plan Fiduciaries?
View Printable PDF Investment providers have historically resisted characterization as retirement plan fiduciaries even when it was clear that their activities cast them in that role. To this end,...
The Wagner Law Group Expands Practice into Employment Law, August 8, 2011
The Wagner Law Group Expands Practice into Employment Law
The Wagner Law Group Expands Practice into Employment Law, August 8, 2011
Federal Court Strikes Down Entire Health Care Reform Act
A. Federal Court Strikes Down Entire Health Care Reform Act A federal judge in Florida has struck down the entire PPACA which, in part, requires most Americans to obtain health insurance or face a...
Round 2 of the IRS Determination Letter Program for Tax-Qualified Retirement Plans
Plan sponsors customarily seek the Internal Revenue Service's ("IRS's") approval that the form of their plans complies with all legal tax-qualification requirements under the IRS determination...
Family Partnership Liquidation Presents Tax Issues
Fee Transparency and Best Practices for Plan Sponsors
View Printable PDF Executive summary U.S. government officials are calling for greater fee transparency in the 401(k) plan market. As the 401(k) fee disclosure rules continue to evolve through...
An Overview of Health Care Reform With Recommended Action Steps to Take
Advisory Committee on Tax Exempt and Government Entities, Report of Recommendations, 2010
Are Your 401(k) Plan Assets Safe?
View Printable PDF The steady drumbeat of bad financial news in 2008 has increased concerns about the security of company 401(k) plans and other retirement savings. Fear caused by bankruptcy or...
ERISA, Employee Benefits and Executive Compensation, Vol. IX
This past year has been busy indeed with respect to tax and ERISA law changes affecting every type of tax-qualified, executive compensation and welfare benefit arrangement. This Newsletter...
The Provison of Investment Advice Under Prohibited Transaction Exemption 97-60
Summary: The Department of Labor recently issued a prohibited transaction exemption (PTE 97-60) to an ERISA investment advisory firm, the Trust Company of the West (TCW), allowing it to provide...