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DOL Move Expands Definition of 'Employer' For Multiple Employer Plans

This week, the U.S. Department of Labor (DOL) published its highly anticipated Final Rule, which allows working owners with no employees and companies in unrelated industries to band together to create a single defined...more

Treasury Proposes New Regulations for Retirement Plan "Hardship Distributions"

The U.S. Department of the Treasury has issued new proposed regulations that provide more flexibility for 401(k) and 403(b) plan participants to access their retirement accounts in the event of a financial hardship, as...more

Fifth Circuit Strikes Down DOL Investment Advice Fiduciary Rules

The Fifth Circuit on March 15 vacated U.S. Department of Labor (DOL) regulations that redefined the circumstances in which a person who provides investment advice in connection with a retirement plan or individual retirement...more

IRS Modifies Voluntary Compliance Program Fees for Qualified Retirement Plans

The IRS has announced that it has made substantial modifications to the fee structure applicable to voluntary compliance program (VCP) applications for the correction of compliance defects in tax-qualified retirement plans,...more

New Tax Cuts and Jobs Act Affects Employee Benefit Plans and Executive Compensation Arrangements

The Tax Cuts and Jobs Act, signed into law by President Donald J. Trump shortly before Christmas, is the most significant tax reform legislation in more than 30 years. ...more

Congress Tackles Federal Paid Leave with Flexible Work Standards Bill

U.S. Representative Mimi Walters (R-CA) last week introduced bill H.R. 4219, "Workflex in the 21st Century Act," which, if passed, will create a voluntary program through which employers can opt to offer employees a...more

GOP Tax Bill Outlines Significant Changes for Benefits and Compensation

The Committee on Ways and Means yesterday released the proposed Republican tax reform bill, titled the "Tax Cuts and Jobs Act." Although the proposed bill makes major changes to individual and corporate tax provisions in many...more

IRS Eases Rules for Plan Loans and Hardship Distributions After Hurricane Harvey

The IRS has released Announcement 2017-11 to provide relief to taxpayers from requirements for loans and hardship distributions for participants of qualified retirement plans who have been adversely affected by Hurricane...more

DOL Releases Draft Model Form for Mental Health Parity Disclosure Requests

The U.S. Department of Labor (DOL) recently released a draft model form for plan participants to request disclosures from group health plans and insurers about restrictions on mental health coverage. The form is designed to...more

Breach of Fiduciary Duty Case Against University Retirement Plan Fiduciaries Survives Motion to Dismiss

A plaintiffs' class action law firm in St. Louis made national headlines last August when it filed a series of breach of fiduciary duty lawsuits under ERISA, the federal employee benefits law, against the fiduciaries of...more

HHS Finalizes Health Insurance Market Stabilization Rules

The U.S. Department of Health and Human Services (HHS) has finalized regulations designed to help stabilize the individual and small group health insurance markets and, in particular, the health insurance exchanges...more

Expect Pro-Business, Pro-Employer Changes Under Trump Administration

When Donald Trump won the presidential election in November, management-side labor and employment lawyers everywhere scrambled to figure out what the changing administration would mean for our nation's employers and our...more

Ballard Opinion Letter Program to Replace IRS Determination Letter Program

The Internal Revenue Service has largely ended its determination letter program by which sponsors of individually designed retirement plans can obtain confirmation that their plan documents are tax-qualified. The IRS has...more

ERISA Class Actions Filed Against Higher Education Institutions

Several ERISA breach of fiduciary duty class actions involving allegedly excessive retirement plan fees were filed this week against higher education institutions including colleges, universities, and medical schools. The...more

Department of Labor Releases Final Investment Advice Fiduciary Rules

The U.S. Department of Labor (DOL) has finalized regulations describing the circumstances in which a person who provides investment advice in connection with a retirement plan or individual retirement arrangement (IRA) acts...more

Supreme Court Restricts State Medical Claims Data Reporting Law

ERISA does not allow a state to compel a self-insured group health plan to compile and report medical claims data for inclusion in a state-wide all-payer health care database, the U.S. Supreme Court has ruled in a landmark...more

IRS Issues Second Guidance on Cadillac Tax

The Internal Revenue Service has issued a new notice addressing issues relating to future rules governing the calculation and payment of the so-called “Cadillac tax” under the Affordable Care Act. Beginning in 2018, the ACA...more

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