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It is often the case under the Internal Revenue Code (“Code”) that adherence to procedural rules is crucial to secure tax benefits. Failure to meet these procedural conditions can result in unanticipated tax consequences. In the case of Berman v. Commissioner, 163...
3 Atty Takeaways On What's Ahead As ERISA Turns 50 - Marcia Wagner, Law360, August 30, 2024 (PDF)
In Weyer v. Reliance Standard Life Insurance Company, the U.S. Court of Appeals for the Eighth Circuit has determined that the “but-for” causation standard is appropriate for determining whether mental health limitations contained in a long-term disability (“LTD”)...
The Successful Yet Much-Litigated ERISA Turns 50 - Marcia Wagner, SHRM, August 28, 2024 (PDF)
On August 10th, Elon Musk made national headlines due to a lawsuit that Business Today heralded as “Former Twitter executive sues Elon Musk's X for $20 million in unpaid shares.” The article reports that X is alleged to have reneged on paying stock-based severance,...
Starting in 2024, Section 110 of the SECURE 2.0 Act allows employers to make matching contributions to Section 401(k), 403(b) and governmental 457(b) plans, and SIMPLE IRAs (which have analogous but slightly different requirements) on account of employees’ qualified...
What does the Coming Election Mean for the Fiduciary Rule? - Tom Clark, National Association of Plan Advisors (NAPA), August 26, 2024
In Perez v. Barrick Goldstrike Mines, the U.S. Court of Appeals for the Ninth Circuit has ruled that the Family and Medical Leave Act (“FMLA”) does not require an employer to present contrary medical evidence before contesting a doctor’s certification of an employee’s...
Nordstrom Suit, HP Revival Add to 401(k) Forfeiture Cases - Michael Schloss, PLANSPONSOR, August 20, 2024 (PDF)
401(k) Forfeiture Lawsuit Wave Still Splashing West Coast - Michael Schloss, 401(k) Specialist, August 20, 2024 (PDF)