Employee Benefits Archives | Page 86 of 151

Highlights of Record Retention Requirements Applicable to Employee Benefit Plans

by Todd Solomon | Jan 31, 2017 | Employee Benefits, Retirement Plans

In the presentation “Highlights of Record Retention Requirements Applicable to Employee Benefit Plans,” Todd A. Solomon detailed the general rules of The Employee Retirement Income Security Act of 1974 (ERISA). He discussed several specific record-keeping requirements for employee benefit plans and a number of general requirements that imply a duty to retain records, for example general fiduciary duties, plan distribution requirements, COBRA requirements and qualified medical child support requirements.

View the presentation slides here.

DOL Finalizes New Disability Claim Rules for Welfare and Retirement Benefit Plans

by Megan Mardy | Jan 26, 2017 | Benefit Controversies, Employee Benefits, Health and Welfare Plans, Retirement Plans

The US Department of Labor’s Employee Benefit Security Administration recently released final rules on the adjudication of disability claims under welfare and retirement plans (the Final Rule). The purpose of the Final Rule is to add procedural protections and safeguards that are aimed at providing a full and fair claims review process for disability benefit claims, similar to those applicable to group health plans under the Affordable Care Act. The Final Rule also contains helpful guidance for claims and appeals procedures under all types of ERISA plans.

Read the full article here.

Northern District of Texas Blocks Enforcement of the Non-Discrimination Regulations of the ACA

by McDermott Will & Emery | Jan 24, 2017 | Benefit Controversies, Employee Benefits, Health and Welfare Plans

On December 31, 2016, the US District Court for the Northern District of Texas issued an opinion and order in Franciscan Alliance, Inc. et al v. Burwell, which preliminarily enjoins the US Department of Health and Human Services from enforcing, on a nationwide basis, certain portions of the regulations under Section 1557 of the Affordable Care Act that prohibit discrimination based on gender identity and termination of pregnancy. Two similar cases are pending in the US District Court for the District of North Dakota.

Read the full article here.

Key UK Employment Law Events in 2017 and Beyond

by Anthony A. Bongiorno, Katie Clark and Paul McGrath | Jan 19, 2017 | Benefit Controversies, Employee Benefits, Employment, Executive Compensation, Labor, Privacy and Data Security

Current indications are that 2017 may be a fairly static year as regards to employment law.

Whilst it is anticipated the government will trigger Article 50 to start Brexit negotiations, these are likely to last for at least two years, and existing employment laws are unlikely to feel any ripple effect from leaving the European Union for some time.

In the meantime, the Prime Minister has asked for a review, expected to take around six months, on whether current employment laws are adequate to protect the rights of the growing numbers of atypical workers. It is unlikely though that any resulting changes will come into effect in 2017.

There are, however, a number of key developments that employers will definitely need to get to grips with, or at least prepare for, in 2017.

Read the full article here.

*Cindy LaMontagne (Trainee) contributed to this article.

Understanding the Federal Court Injunction against the DOL’s Revised Overtime Rule and Determining What to Do Next

by McDermott Will & Schulte | Nov 29, 2016 | Employee Benefits, Employment, Labor

A federal district court judge in Texas issued an order granting a temporary injunction late Tuesday against the Department of Labor’s new overtime exemption rule that was scheduled to take effect December 1. This article contains some practical tips on what employers should do next.

Read the full article.

An Overview of the New Section 457(f) Regulations

by Joseph K. Urwitz and Ralph E. DeJong | Nov 3, 2016 | Benefit Controversies, Employee Benefits, Employment, Executive Compensation

On June 22, 2016, the Internal Revenue Service (IRS) issued proposed regulations under Section 457(f) of the Internal Revenue Code of 1986, as amended (Code). These long-awaited regulations were first previewed in IRS Notice 2007-62. In that Notice, the IRS announced its intention to issue proposed regulations that would harmonize the rules for deferred compensation plans of tax-exempt organizations (and state and local governments) under Section 457(f) with the then-new special rules for all deferred compensation arrangements under Section 409A. After nine years, the proposed regulations now issued address three principal issues, although with some unexpected changes and opportunities.

Read the full article here.

IRS Restates EPCRS Correction Methods and Procedures

by McDermott Will & Emery | Nov 1, 2016 | Employee Benefits, Employment, Retirement Plans

The Internal Revenue Service recently issued Revenue Procedure 2016-51, a new version of the Employee Plans Compliance Resolution System (EPCRS) to consolidate and update its prior guidance regarding how to correct of errors in qualified retirement plans. The new version of the EPCRS program also reflects changes that the IRS has made to its determination letter process.

Read the full article here.

Wellness Incentive Programs: Navigating Legal Landmines and Designing Effective Employee Communication Strategies

by McDermott Will & Emery | Oct 18, 2016 | Employee Benefits, Employment, Health and Welfare Plans

This year’s Employer Healthcare & Benefits Congress featured a presentation by Susan Nash that addressed the many shapes and sizes of wellness programs today. Programs are typically designed to promote health and to educate employees about prevention, but some are disease management oriented, while others are designed to improve the general overall health of an employee population.

Presentation focal points included:

HIPAA Nondiscrimination Rules
Tri-Agency Guidance under ACA on Wellness Programs
Americans with Disabilities Act and GINA
EEOC Enforcement of ADA and Final Regulations
Internal Revenue Code Limitations

View presentation slides.

Exploring LGBT Discrimination in the Workplace

by Todd Solomon | Oct 4, 2016 | Benefit Controversies, Employee Benefits, Employment

The effects of same-sex marriage on employee benefits, companies’ actions to prevent employee discrimination and an evolving focus on benefits with special implications for diverse employees continue to be hot topics in today’s workplace.

View presentation slides.

IRS Provides New 409A Guidance: New Proposed Regulations Provide Additional Clarity, Warn of Abusive Practices and Present Planning Opportunities

by Andrew Liazos and Ruth Wimer | Jun 23, 2016 | Employee Benefits, Employment, Executive Compensation

On June 21, 2016 the IRS issued proposed regulations to modify and clarify existing regulations under Section 409A of the Internal Revenue Code. Many of these changes resulted from practitioner comments and the IRS’ experience with Section 409A after issuing the final regulations. Overall, most of the proposed changes are favorable, and may provide some planning opportunities.

Read the full article.

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