ERISA Complex LitigationBlog Posts
DOL Proposes Changes to Model Notices and ProceduresThe Department of Labor (DOL) has published proposed regulations containing amendments to the COBRA notice provisions. The amendments are intended to align the model general and election notices with the Affordable Care Act provisions already in effect and to ensure that the DOL will have flexibility to modify the model notices going forward. The proposed … Continue reading DOL Proposes Changes to Model Notices and ProceduresMay 5, 2014 |
“Final” Obamacare Employer Penalty Rules ReleasedThe US Treasury released the final regulations implementing the employer shared responsibility penalty provisions of the 2010 health care reform law on February 10, 2014. In many ways, the final regulations resemble the proposed regulations issued over a year ago but there are several – mostly welcome – changes and transition provisions for employers. (See … Continue reading “Final” Obamacare Employer Penalty Rules ReleasedFebruary 11, 2014 |
U.S. Surgeon General’s Report May Spur More Wellness Program ActivityA U.S. Surgeon General’s Report issued this month marks fifty years since the Surgeon General’s landmark report in 1964 that set in motion a nationwide campaign to reduce and hopefully eliminate tobacco smoking in the United States. Also during this month, rules under the Affordable Care Act (ACA) go into effect, enhancing employers’ ability to … Continue reading U.S. Surgeon General’s Report May Spur More Wellness Program ActivityJanuary 20, 2014 |
Employers Don’t Have to Give More Than One Shot Per Year at Avoiding a Tobacco Surcharge, According to DOL FAQsThe Departments of Labor, Treasury and Health and Human Services issued final regulations on June 3, 2013, that implement PHS Act section 2705, added by the Affordable Care Act (ACA), and existing provisions under ERISA and the Code. The preamble to those regulations stated that the Departments anticipated issuing future subregulatory guidance as necessary. Frequently … Continue reading Employers Don’t Have to Give More Than One Shot Per Year at Avoiding a Tobacco Surcharge, According to DOL FAQsJanuary 20, 2014 |
Department Of Labor Issues “Me Too” Technical Release: ERISA Definition of Marriage Includes Same-Sex SpousesDOMA Windsor "same-sex spouse"September 20, 2013 |
IRS Rules: All Legal Same-Sex Marriages Will Be Recognized for Federal Tax PurposesThe Internal Revenue Service issued Revenue Ruling 2013-17 answering some, but not all, questions for employers in the wake of the US Supreme Court’s opinion that invalidated the federal law that confined marriage to a legal union between one man and one woman as husband and wife – United States v. Windsor, No. 12-307 (June … Continue reading IRS Rules: All Legal Same-Sex Marriages Will Be Recognized for Federal Tax PurposesSeptember 1, 2013 |
REMINDER! VIRTUALLY ALL EMPLOYERS MUST FURNISH “MARKETPLACE” NOTICE TO EMPLOYEES BY OCTOBER 1, 2013The Patient Protection and Affordable Care Act requires employers to furnish employees a notice of the availability of coverage through public health insurance exchanges, i.e., the “Marketplace”. The Department of Labor requires that employers give employees the notice by October 1, 2013. As highlighted in our earlier blog post, Department of Labor Technical Release 2013-02 … Continue reading REMINDER! VIRTUALLY ALL EMPLOYERS MUST FURNISH “MARKETPLACE” NOTICE TO EMPLOYEES BY OCTOBER 1, 2013August 30, 2013 |
Relief from August 30th Deadline for Fee DisclosuresThe Department of Labor is allowing defined contribution retirement plan administrators to reset the timing for annual fee disclosures to participants (see our earlier blog post reminding readers of the disclosure requirement and contemplating possible relief). DOL has issued Field Assistance Bulletin 2013-02 announcing the temporary enforcement policy. The participant-level fee disclosure regulation, implemented last year, … Continue reading Relief from August 30th Deadline for Fee DisclosuresJuly 22, 2013 |
DOL Provides Guidance on ERISA Fee Recapture AccountsIn Advisory Opinion 2013-03A (http://www.dol.gov/ebsa/regs/AOs/ao2013-03a.html), the Department of Labor addresses what are commonly referred to as ERISA “budget accounts” or “fee recapture accounts.” In the Advisory Opinion, the DOL describes these accounts and discusses the plan asset and prohibited transaction issues related to them. What is an ERISA Account? ERISA accounts are accounts that contain … Continue reading DOL Provides Guidance on ERISA Fee Recapture AccountsJuly 22, 2013 |
ACA Employer Mandate Delayed One YearEmployer shared responsibility and reporting requirements delayed one year.July 3, 2013 |