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In 2002, the Employee Benefits Security Administration (“EBSA”) of the Department of Labor (“DOL”) established the Voluntary Fiduciary Correction Program (“VFCP”), a free program designed to encourage plan fiduciaries to voluntarily correct certain fiduciary breaches...
House Republicans Vow To Immediately Repeal Funding For 87,000 IRS Agents - Marcia Wagner, Financial Advisor Magazine, November 18, 2022 (PDF)
One of the basic rules under which cafeteria plans operate is that elections are irrevocable except in certain limited circumstances. Further, even when those limited circumstances apply, the change in election must be consistent with the change in status. Legislative...
During the pandemic, Congress allowed telehealth services to be provided to HSA-eligible individuals without cost-sharing and without regard to whether they had met their deductibles under their High Deductible Health Plans. That authorization expired December 31,...
Historically, an important element of compliance for tax-qualified plans under Code Section 401(a) or 403(a) was the submission of a request for a favorable determination letter on the form of the plan document. Indeed, requesting a favorable plan determination was...
Why the Crypto Collapse Matters - Marcia Wagner, New York Times, November 17, 2022 (PDF)
The IRS has issued final regulations amending the Affordable Care Act (“ACA”) rules regarding eligibility for the law’s premium tax credit (“PTC”). The new rules provide that the “affordability” of employer-sponsored coverage for employees’ family members is based on...
An Alabama district court, in Howard v. Ivy Creek of Tallapoosa, LLC, has held that an employer could not avoid liability for failing to provide a COBRA election notice to a plan participant at the correct address merely because it had contracted with a third-party...
Dealing with Difficult Employees - David Gabor and Katherine Brustowicz, The Wagner Law Group Free Webinar, December 14, 2022, 1:00 PM (EST). CLICK HERE FOR RECORDING Georgina has been having problems with two employees she manages on her team. Both employees have...
Arbitration of ERISA Plan Disputes - Jordan Mamorsky and Barry Salkin, Lexis Nexis Practical Guidance® Practice Note, November 2022