As the Employee Retirement Income Security Act (“ERISA”) celebrates its 50th anniversary, it offers us an opportunity to reflect on its transformative impact on employee benefits and retirement security. Signed into law on...more
Over strenuous objection from some members of the financial services industry and some members of Congress, on April 23, 2024, the Department of Labor (DOL) released its final rule (the Final Rule) defining what it means to...more
When drafting a deferred compensation plan or agreement for a key employee (a “top hat plan”), the focus is almost always on the terms of the plan. In the process, many employers miss a crucial step—filing the top hat...more
In the wake of recent developments, we are pleased to provide insights into Pension-Linked Employee Savings Accounts (PLESAs) under the Secure 2.0 Act. PLESAs are short-term savings accounts that are established and...more
As 2023 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we present our To Do Lists in four separate SW Benefits Updates. Part 1 covered health and welfare plan...more
12/18/2023
/ 10b5-1 Plans ,
Benefit Plan Sponsors ,
Clawbacks ,
Consumer Protection Act ,
Deferred Compensation ,
Disclosure Requirements ,
Executive Compensation ,
Form 10-K ,
Form 10-Q ,
Incentive Stock Options ,
Institutional Shareholder Services (ISS) ,
Section 409A ,
Securities and Exchange Commission (SEC) ,
Tax Cuts and Jobs Act ,
Year-End Planning
As 2023 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate SW Benefits Updates. Part 1 covered health and welfare plan...more
12/4/2023
/ 401k ,
Automatic Enrollment ,
Best Practices ,
CARES Act ,
Cybersecurity ,
Department of Labor (DOL) ,
Employee Contributions ,
EPCRS ,
Fee Disclosure ,
IRS ,
QACA ,
Qualified Retirement Plans ,
Reporting Requirements ,
Required Amendments (RAs) ,
Roth IRA ,
SECURE Act ,
Student Loans
As is tradition, we are happy to present our End of Year Plan Sponsor “To Do” Lists. We are publishing our “To Do” Lists in four separate Employee Benefits Updates. Part 1 covered year-end health and welfare plan issues. This...more
We are pleased to present our annual End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 covers year-end health and welfare plan issues....more
10/12/2023
/ Abortion ,
Affordable Care Act ,
Birth Control ,
Cafeteria Plans ,
CARES Act ,
Children's Health Insurance Program (CHIP) ,
Civil Rights Act ,
COBRA ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Cost-of-Living Adjustment (COLA) ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Dobbs v. Jackson Women’s Health Organization ,
Drug Pricing ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Families First Coronavirus Response Act (FFCRA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Health Plan Sponsors ,
IRS ,
MHPAEA ,
Non-Discrimination Rules ,
NQTLs ,
Out of Network Provider ,
Penalties ,
Pharmacy Benefit Manager (PBM) ,
Popular ,
Recordkeeping Requirements ,
Reporting Requirements ,
Reproductive Healthcare Issues ,
Student Loans ,
Surprise Medical Bills ,
Title VII ,
Transparency ,
Travel Time ,
Wellness Programs
On August 25, 2023, the IRS issued Notice 2023-62, which gives retirement plan sponsors a two-year administrative transition period to implement the SECURE 2.0 requirement that certain catch-up contributions to 401(k) and...more
SECURE 2.0 brought significant changes to retirement planning and distributions, including updating the Required Minimum Distribution (RMD) requirements. As background, RMDs are the minimum amounts that individuals who...more
As 2022 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate SW Benefits Updates. Part 1 covered health and welfare plan...more
12/5/2022
/ 401k ,
American Rescue Plan Act of 2021 ,
Benefit Plan Sponsors ,
CARES Act ,
Compliance ,
Cryptocurrency ,
Cybersecurity ,
Department of Labor (DOL) ,
Environmental Social & Governance (ESG) ,
Investment ,
IRS ,
QACA ,
Required Amendments (RAs) ,
Retirement Plan ,
SECURE Act
As is tradition, we are happy to present our End of Year Plan Sponsor “To Do” Lists. We are publishing our “To Do” Lists in four separate Employee Benefits Updates. Part 1 covered year-end health and welfare plan issues. This...more
We are pleased to present our annual End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 covers year-end health and welfare plan issues....more
10/19/2022
/ Abortion ,
COBRA ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Disclosure Requirements ,
Dobbs v. Jackson Women’s Health Organization ,
Electronic Protected Health Information (ePHI) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Food and Drug Administration (FDA) ,
Health and Welfare Plans ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HRSA ,
IRS ,
MHPAEA ,
No Surprises Act (NSA) ,
Policies and Procedures ,
Popular ,
Public Health Emergency ,
Reproductive Healthcare Issues ,
Roe v Wade ,
Self-Funded Health Plans
The IRS recently provided some welcome relief in the form of extended amendment deadlines for sponsors of qualified retirement plans (including collectively bargained plans)...more
As is tradition, we are happy to present our End of Year Plan Sponsor “To Do” Lists. We are publishing our “To Do” Lists in four separate Employee Benefits Updates. Part 1 covered year-end health and welfare plan issues, Part...more
As 2021 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate SW Benefits Updates. Part 1 covered health and welfare plan...more
12/7/2021
/ Benefit Plan Sponsors ,
CARES Act ,
Cybersecurity ,
Defined Contribution Plans ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
IRS ,
Qualified Retirement Plans ,
Retirement Plan ,
SECURE Act
As is tradition, we are happy to present our End of Year Plan Sponsor “To Do” Lists. We are publishing our “To Do” Lists in four separate Employee Benefits Updates. Part 1 covered year-end health and welfare plan issues. This...more
11/17/2021
/ 401k ,
Compensation & Benefits ,
Contribution Limits ,
Cost-of-Living Adjustment (COLA) ,
Deferred Compensation ,
Employee Benefits ,
Flexible Spending Accounts ,
HDHP ,
Health and Welfare Plans ,
Qualified Retirement Plans ,
Retirement Plan
We are pleased to present our annual End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 covers year-end health and welfare plan issues....more
11/11/2021
/ Affordable Care Act ,
Benefit Plan Sponsors ,
CARES Act ,
COBRA ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Health and Welfare Plans ,
Plan Participants ,
Retirement ,
Retirement Plan ,
Retirement Plan Providers
Summer has come and gone, but there was no summer vacation for employee benefits legislation and guidance. In case you have been too busy to check out our blogs lately, here are some key items to help you stay organized and...more
10/13/2021
/ Affordable Care Act ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employer Group Health Plans ,
Employer Liability Issues ,
Equity Compensation ,
Health Plan Sponsors ,
Interim Final Rules (IFR) ,
Preventive Health Care ,
Startups
As 2020 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate SW Benefits Updates. Part 1 covered health and welfare plan...more
11/30/2020
/ Benefit Plan Sponsors ,
CARES Act ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Rule ,
Qualified Retirement Plans ,
Required Amendments (RAs) ,
Required Minimum Distributions ,
Retirement Plan ,
Safe Harbors ,
SECURE Act
As 2020 comes to an end, we are happy to present our traditional End of Year Plan Sponsor “To Do” Lists. We are publishing our “To Do” Lists in four separate Employee Benefits Updates. Part 1 covered year-end health and...more
11/23/2020
/ Compensation & Benefits ,
Coronavirus/COVID-19 ,
Deferred Compensation ,
Employee Benefits ,
Employee Stock Purchase Plans ,
Equity Compensation ,
Executive Compensation ,
Incentive Stock Options ,
IRS ,
Proposed Regulation ,
Publicly-Traded Companies ,
Section 409A ,
Tax Cuts and Jobs Act
The Department of Labor’s (the “DOL”) attempts to regulate the conduct of fiduciaries under ERISA and the Code has been mired in controversy. In 2010, the Obama administration’s DOL proposed a fiduciary regulation that was...more
As 2020 comes to an end, we are happy to present our traditional End of Year Plan Sponsor “To Do” Lists. We are publishing our “To Do” Lists in four separate Employee Benefits Updates. Part 1 covered year-end health and...more
We are pleased to present our annual End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 covers year-end health and welfare plan issues....more
9/28/2020
/ Affordable Care Act ,
Anti-Discrimination Policies ,
Benefit Plan Sponsors ,
COBRA ,
Compensation & Benefits ,
Coronavirus/COVID-19 ,
Cost-of-Living Adjustment (COLA) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Executive Compensation ,
Families First Coronavirus Response Act (FFCRA) ,
HDHP ,
Health Insurance Portability and Accountability Act (HIPAA) ,
IRS ,
MHPAEA ,
Retirement Plan ,
Trump Administration ,
Year-End Tax Planning
With plan sponsors concerned about cash flow, the Coronavirus Aid, Relief and Economic Security (CARES) Act provides much needed relief by delaying the minimum required contributions for single employer defined benefit plans....more