Employment Archives - Page 36 of 104 - EMPLOYEE BENEFITS BLOG

Senate Finance Committee Modifies Executive Compensation Provisions in New Modified Mark of Tax Reform Bill

by McDermott Will & Emery and Andrew Liazos | Nov 17, 2017 | Employee Benefits, Employment, Executive Compensation

On Tuesday night, Senate Finance Committee Chairman Orrin Hatch (R-UT) released a new modified mark of the Senate version of the Tax Cuts and Jobs Act that modifies provisions related to Internal Revenue Code (Code) Sections 409A and 162(m).

The Chairman’s modification adds a transition rule for the elimination of employer deductions for payments over $1 million to certain executives under Code Section 162(m). The transition rule provides that elimination of the employer deduction does not apply to payments under a written and binding contract in effect on November 2, 2017, provided that the contract was not materially modified after that date.

In addition, the Chairman’s modification eliminates the provision that would have replaced Code Section 409A with a new Section 409B, which would have required payments under non-qualified deferred compensation plans to be taxed when they vested. Currently, Section 409A allows employees to defer taxation on such fully-vested payments, provided they meet other requirements under Section 409A. The proposed replacement of 409A with 409B would have had significant tax implications for those employees with non-qualified deferred compensation plans.

Continue Reading.

Tax Breaks in the New Hurricane Legislation for Employers and Taxpayers

by Diane Morgenthaler and Ruth Wimer | Nov 14, 2017 | Employee Benefits, Employment

The Disaster Tax Relief and Airport and Airway Extension Act of 2017 provides a new favorable tax credit for eligible employers affected by recent hurricanes, as well as expanded charitable deductions and tax credits for certain taxpayers. Continue Reading.

House Tax Bill Would Gut Deferred Compensation Plans and Curtail Executive Pay Deductions

by Andrew Liazos and William R. Pomierski | Nov 7, 2017 | Employee Benefits, Employee Stock Ownership Plans (ESOPs), Employment, Executive Compensation, Health and Welfare Plans

The US House of Representatives Committee on Ways and Means proposed Tax Cuts and Jobs Act intends to reduce corporate and individual tax rates. To pay for the proposed changes, the House Tax Bill would, if enacted, negatively impact long-standing current executive compensation practices.

2017 Farewell (Or, What Am I Forgetting This Year-End?)

by McDermott Will & Emery | Oct 25, 2017 | Employee Benefits, Employment, Executive Compensation, Health and Welfare Plans, Retirement Plans

With only two months left in the year, it’s time to make sure your-end tickler list is complete! Join us for a roundtable discussion with McDermott partners Judith Wethall, Finn Pressly, Andrew Liazos, Diane Morgenthaler and Jeff Holdvogt which will cover the employee benefit issues you’ll need to cross off your list before Year’s Eve.

Register here.

Date
Friday, November 3, 2017

Time
10:00 – 10:45 am PDT
11:00 – 11:45 am MDT
12:00 – 12:45 pm CDT
1:00 – 1:45 pm EDT

Mark your calendars for the first Friday of the Month! McDermott’s Employee Benefits Group will be delivering timely topics in our “Fridays With Benefits” monthly webinar series.

IRS Issues Updated Mortality Tables for 2018 – Impact on Pension Plan Sponsors

by Jeffrey Holdvogt and McDermott Will & Emery | Oct 24, 2017 | Employee Benefits, Employment, Retirement Plans

The IRS recently issued new mortality tables for 2018, which will likely increase pension funding liabilities for many plan sponsors. Plan sponsors should consider options to delay the use of the new mortality tables for funding purposes, while large plan sponsors should consider the option to utilize plan-specific mortality tables instead.

No Good Deed Goes Unpunished: Inferior Parental Leave Policies Can Result in Discrimination Claims

by McDermott Will & Emery and Jeremy White | Oct 19, 2017 | Benefit Controversies, Employee Benefits, Employment, Health and Welfare Plans, Labor

To recruit and retain top talent, employers often offer benefits more generous than required under the law. Such benefits include unlimited vacation, paid maternity leave and paid paternity leave. However, a recent US Equal Employment Opportunity Commission (EEOC) lawsuit filed against Estee Lauder Companies, Inc. (Estee Lauder) reveals how even the most well-intentioned of programs can result in a discrimination lawsuit.

Enhanced Nurse Licensure Compact Eases the Practice of Nursing across State Lines

by Lisa Schmitz Mazur and Sandra M. DiVarco | Oct 17, 2017 | Employee Benefits, Employment, Health and Welfare Plans

The Enhanced Nurse Licensure Compact (Compact) has now been adopted by 26 states, which means the Compact will be taking effect on January 19, 2018. Nurses who seek to practice telemedicine and deliver in-person care across state lines and who meet the Compact’s licensure requirements in these states will have one less obstacle to overcome going forward.

ERIC Challenges Oregon Reporting Requirements for Retirement Plans

by McDermott Will & Emery and Andrew Liazos | Oct 13, 2017 | Benefit Controversies, Employee Benefits, Employment, Retirement Plans

On October 12, 2017, McDermott Will & Emery filed a lawsuit on behalf of The ERISA Industry Committee (ERIC) challenging new reporting requirements under Oregon law as applicable to retirement plans subject to ERISA. Below is a press release from ERIC and Q&As regarding this litigation.

OregonSaves is the state of Oregon’s state-run retirement program that automatically enrolls employees of employers into individual retirement arrangements (IRAs). Unless an employee opts out of OregonSaves, a portion of each paycheck is added to an IRA account in the employee’s name. Oregon is the first state to establish an auto-enrollment IRA program.

An employer that offers a qualified plan is not required to participate in OregonSaves, but only if it has a valid and current certificate of exemption. Obtaining this exemption depends upon reporting to the state of Oregon regarding an employer’s qualified plan. For employers with 100 or more employees in Oregon, this filing is due by November 15, 2017. The ERIC lawsuit alleges that ERISA’s express preemption provision preempts this reporting requirement.

This is the latest action by a state to impose reporting requirements on ERISA covered plans. Previously the state of Vermont (and other states) sought to require ERISA medical benefit plans to report their claims experience for purposes of compiling a so-called All Payor Claims Database (APCD). In the 2016 case of Gobeille v. Liberty Mutual Insurance Company, the US Supreme Court held that ERISA preempted Vermont’s APCD reporting requirement.

ERIC supports state auto-enrollment programs intended to increase access to retirement savings plans if such programs do not infringe on employers that already provide ERISA-governed retirement plans. Tracking and complying with additional reporting burdens imposed by state-run retirement plans on a state by state basis would be unduly burdensome for employers.

View the full ERIC Q&A here.

There has been some prominent coverage on this case, including Industry group sues over Oregon retirement plan, Employers sue to block OregonSaves requirements, ERIC files lawsuit against Oregon Retirement Savings Board, ERISA Industry Committee sues to stop OregonSaves reporting demands and Oregon’s retirement-savings plan faces legal challenge. The team will continue to monitor and provide regular updates.

View From McDermott: Hurricane Survival Guide for Employee Benefit Plans and Employers

by Diane Morgenthaler | Oct 5, 2017 | Employee Benefits, Employee Stock Ownership Plans (ESOPs), Employment, Health and Welfare Plans, Retirement Plans

According to U.S. News & World Report, estimates for the cost of Hurricane Harvey’s damage have come in as high as $190 billion, and damage estimates for Hurricane Irma are still rolling in but range up to $100 billion. To assist taxpayers affected by these devastating storms, the Internal Revenue Service, Department of Labor, and Pension Benefit Guaranty Corporation have granted multiple forms of relief to taxpayers impacted by Hurricane Harvey, Hurricane Irma, and other disasters enumerated by the Federal Emergency Management Agency.

Fridays with Benefits — Open Enrollment: Last Minute Check-Up

by McDermott Will & Emery | Sep 28, 2017 | Employee Benefits, Employment, Health and Welfare Plans

Anxious about open enrollment? Join McDermott lawyers Judith Wethall and Finn Pressly for a rundown of the top 10 issues to watch as you prepare for the 2018 plan year, including mandatory notices, electronic disclosure, and trends in ERISA litigation.

Register Here

Date
Friday October 6, 2017

Time
10:00 am – 10:40 am PDT
11:00 am – 11:40 am MDT
12:00 pm – 12:40 pm CDT
1:00 pm – 1:40 pm EDT

Mark your calendars for the first Friday of the month! McDermott’s Employee Benefits Group will be delivering timely topics in our “Fridays With Benefits” monthly webinar series.

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