Diane Morgenthaler Diane Morgenthaler

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  Diane M. Morgenthaler focuses her practice on employee benefits and executive compensation. She represents clients in matters before the US Internal Revenue Service, the Department of Labor and the Pension Benefit Guaranty Corporation. Diane serves as employee benefit counsel to Fortune 500 corporations and other global corporations, and represents both public and private clients. She regularly designs and implements a variety of employee benefit plans and programs. Diane has extensive experience in employee benefit issues involved in acquisitions, reorganizations and divestitures and in the design of employee benefits plans following such transactions. She also advises clients in matters involving multi-employer withdrawal liability, fiduciary liability and benefit claims. Read Diane Morgenthaler's full bio.

More Caring: New CARES Act Guidance for Retirement and Nonqualified Plans


By , and on Jul 15, 2020
Posted In Employee Benefits, Employee Stock Ownership Plans (ESOPs), Executive Compensation, Retirement Plans

New Internal Revenue Service (IRS) guidance expands the availability of Coronavirus Aid, Relief and Economic Security Act (CARES Act) distributions and loans under eligible retirement plans, and it provides important clarifications regarding how to administer and report CARES Act distributions and loans. The guidance also provides welcome relief for a participant who receives a CARES...

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COVID-19 Ate My Homework – Recent Extensions and Relief for Retirement Plans


By , and on May 18, 2020
Posted In Benefit Controversies, Employee Benefits, Employment, Fiduciary and Investment Issues, Retirement Plans

In recognition of the difficulties faced by retirement plan sponsors, participants and beneficiaries due to the COVID-19 pandemic, new guidance extends the deadlines for notices and disclosures required by Title I of ERISA and extends deadlines for retirement plan participants and beneficiaries to submit benefit claims and benefit appeals. The new guidance also provides some...

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COVID-19 — Tax Planning Opportunity for Defined Benefit Participants?


By , and on Apr 14, 2020
Posted In Employee Benefits, Retirement Plans

Much has been written about the new CARES Act distribution that allows impacted COVID-19 participants to access up to $100,000 in their tax-qualified defined contribution plan penalty-free and with income taxes spread over three years. However, the CARES Act legislation applies to all “eligible retirement plans” as defined in Code Section 402. So technically the...

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Up, Up and Away: 2020 Increased Penalties for Employee Benefit Plans


By , and on Feb 13, 2020
Posted In Employee Benefits, Health and Welfare Plans, Retirement Plans

For 2020, legislation enacted in December of 2019 dramatically increases penalties imposed by the Internal Revenue Code (the Code) for late filing of certain employee benefit plan notices and reports. In addition, a final rule published by the Department of Labor (DOL) makes inflation adjustments to a wide range of penalties. Learn the penalty amounts...

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Frozen 2: IRS Expands Nondiscrimination Relief for Frozen Defined Benefit Pension Plans


By , and on Dec 10, 2019
Posted In Employee Benefits, Retirement Plans

The Internal Revenue Service (IRS) expanded the temporary relief for frozen defined benefit plans to include nondiscrimination requirements relating to benefits, rights and features, available for plan years beginning before 2021. The expanded relief enables frozen pension plans to satisfy the nondiscrimination requirements that apply to benefits, rights or features. Access the full article.

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Still Tax, Even Without the Distributed Cash


By , and on Oct 22, 2019
Posted In Employee Benefits, Retirement Plans

The IRS recently issued guidance on the tax treatment, withholding and reporting for required distributions from tax-qualified retirement plans. Plan sponsors should contact their retirement vendors and trustees to ensure that they implement the tax requirements of the new guidance appropriately for their tax-qualified retirement plans. Access the full article.

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Family Ties: Connecticut Passes Paid Family and Medical Leave


By , and on Jun 27, 2019
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor

Connecticut enacted a paid family and medical leave law, which provides paid leave to eligible employees and expand allowable reasons for such leave. This Connecticut statute closely tracks Massachusetts’s parallel statute and appears to be among the most generous paid family leave laws in the country. All private sector employers (and their employees who work...

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Hot Off the Presses: Latest 401(k) Trends & Developments


By and on Jun 13, 2019
Posted In Employee Benefits, Retirement Plans

Diane M. Morgenthaler and Jeffrey M. Holdvogt recently presented the webinar “Student Loan Benefits and Other 401(k) Developments” at the Worldwide Employee Benefits Network Chicagoland program. In the presentation, they discussed a variety of new 401(k) trends and developments, including: Employer options for student loan benefits and related considerations; The IRS’s recent expansion of its...

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Piling On: Corporations Support the New York Times in Multiemployer Pension Calculation Dispute


By , , and on Feb 19, 2019
Posted In Benefit Controversies, Employee Benefits, Retirement Plans

Several large employers are disputing how much money the New York Times owes a union multiemployer pension fund. Recently, six companies—including US Foods Inc. and United Natural Foods Inc.—filed an amicus brief supporting the New York Times in its case before the US Court of Appeals for the Second Circuit. Ruprecht Co., an Illinois meat...

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Clear as Mud: Defined Benefit Plan Liability with Facility Sales, Restructurings and Cessations


By , and on Jan 8, 2019
Posted In Employee Benefits, Retirement Plans

In certain cases of a facility sale, restructuring or cessation, recently released information by the Pension Benefit Guaranty Corporation (PBGC) leaves many unanswered questions about plan sponsor liability for single-employer defined benefit plans. Given the lack of clarity, these plan sponsors should continue to consult their lawyer in any type of transaction, restructuring or cessation...

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