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IRS Gives Green Light for Employee Choice Between Different Pre-Tax Benefits

Employees increasingly request (and expect) choice in their benefits. The Internal Revenue Service (IRS) recently released Private Letter Ruling 202434006 (PLR), which approved an employer's program allowing employees to...more

SECURE 2.0 Medley – IRS and DOL Guidance for Plan Sponsors on Recent Changes

The Internal Revenue Service and U.S. Department of Labor recently issued guidance on various aspects of the Consolidated Appropriations Act of 2023, commonly referred to as SECURE 2.0. Below is a summary of key provisions...more

New IRS Guidance on Long-Term, Part-Time Employee Retirement Plan Participation

New proposed regulations clarify how employers should implement retirement plan eligibility rules for long-term, part-time ("LTPT") employees. While some questions remain, the proposed regulations provide a number of welcome...more

New Mental Health Parity Guidance Creates More Work, Cost, and Risk for Plan Sponsors

Guidance on the Mental Health Parity and Addiction Equity Act (the "MHPAEA") recently released by the Departments of Health and Human Services, Labor, and Treasury (the "Departments") proposes significant requirements for...more

Prudent Plan Governance Essential in Defense Against Fiduciary Breach

Although retirement plan excessive fee cases remain an ongoing concern for plan sponsors, the recent jury trial victory for Yale in Vellali, et. al. v. Yale University, et. al. provides hope for plans with strong, prudent...more

SECURE 2.0: New Year, New Rules For Retirement Plans

SECURE 2.0 became law on December 29, 2022. It has something for all retirement plans, and its provisions should be reviewed by all retirement plan sponsors. It aims to increase retirement savings and expand retirement...more

DOL Issues Model COBRA Subsidy Notices and FAQs

The U.S. Department of Labor (DOL) has issued model notices and Frequently Asked Questions (FAQs) regarding the COBRA subsidy (see COBRA Premium Subsidy guidance) made available under the American Rescue Plan Act of 2021...more

Employers Must Take Action on Temporary COBRA Subsidy by May 31, 2021

The American Rescue Plan Act (ARPA) provides a 100 percent COBRA subsidy to eligible individuals from April 1, 2021, through September 30, 2021 (Assistance Period). Eligible individuals pay nothing, and employers receive a...more

DOL Offers Guidance to Reduce Missing Participants in Benefit Plans

The U.S. Department of Labor (DOL) has issued guidance on best practices for locating missing participants in defined benefit and defined contribution retirement plans. While the guidance does not provide a safe harbor, and...more

Checklist of Employer Considerations for Remote Work Policies

The COVID-19 pandemic and the proliferation of employees working remotely has prompted employers of every size to contend with new questions about laws applicable to their workers in distant locations. Depending on whether...more

Attention ERISA Fiduciaries! DOL Now Requires Plan Investments Based Only on Pecuniary Factors

Many plan committees will be holding their Q4 meetings soon, and should begin reviewing compliance with recently issued final rules governing investments in plans covered by the Employee Retirement Income Security Act...more

2020 Year-End Consideration: Partial Retirement Plan Terminations Related to Personnel Reductions (Updated)

Update October 14: This blog has been updated to reflect current guidance about fully vested terminated participants. Many employers continue to find themselves in the position of furloughing or terminating significant...more

2020 Year-End Consideration: Partial Retirement Plan Terminations Related to Personnel Reductions

Many employers continue to find themselves in the position of furloughing or terminating significant portions of their workforce due to the ongoing COVID-19 pandemic. As employers make personnel reductions in response to the...more

It's All About the Money! USDOL Proposed Regulations Impose Burdens on Socially Responsible Investing for ERISA Plans

Fueled by concerns regarding investments made for environmental, social and corporate governance, or similar considerations (ESG) in retirement plans, the U.S. Department of Labor (DOL) has proposed amendments to the...more

DOL FINALIZES New Electronic Delivery Safe Harbor for Retirement Plans

The U.S. Department of Labor (DOL) has issued final regulations regarding electronic delivery of retirement plan documents required by the Employee Retirement Income Security Act (ERISA). The new rules only apply to...more

New Guidance Relaxes ERISA Deadlines, Other Benefit Plan Requirements Pursuant to CARES Act

The U.S. Departments of Labor (DOL), Treasury, and Health and Human Services have issued guidance extending deadlines for COBRA, special enrollment periods, benefit claims/appeals, employer notices and other disclosures. ...more

New COVID-19 Developments for Employer Sponsored Health Plans

On April 11, 2020, the Departments of Labor, Treasury, and Health and Human Services issued new COVID-19 FAQs regarding health plans. This advisory summarizes the key components of the FAQs, including notice requirements for...more

COVID-19: Benefits FAQs for Health and Welfare Plans

Employers impacted by COVID-19 have a variety of questions regarding the situation’s effect on employee health and welfare plans - particularly on how to maintain compliance with state and federal regulations....more

The CARES Act: Summary of Key Provisions Affecting Employee Benefit Plans

This advisory summarizes key provisions in the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) applying to employee benefit plans. We provide a summary of key items and more detailed FAQs relating to...more

IRS Concludes No Statute of Limitations Shields Employers from ACA Liability – Impacts on Family Businesses

On February 21, 2020, the Internal Revenue Service (IRS) released a memo to address whether the Employer Shared Responsibility Payment (ESRP) imposed by Internal Revenue Code (IRC) section 4980H is subject to any statute of...more

An Employer’s Guide to Proposed Regulations Expanding HRAs

Proposed IRS and DOL regulations have been issued expanding permitted uses for health reimbursement arrangements (HRAs). These proposals follow recent regulations on association health plans, both stemming from President...more

Employer-Sponsored Health Plan HIPAA Compliance Checklist

The administrative simplification provision of the Health Insurance Portability and Accountability Act and its implementing regulations (HIPAA) impose obligations on employer-sponsored group health plans. Given recent...more

OregonSaves: New State-Run Retirement Plan Requires Employer Action Beginning November 15, 2017

Are you an employer with employees in Oregon? If you do not offer a retirement plan to any of your employees, read on for your obligations under a new state-run retirement savings program called OregonSaves. If you do...more

Update #6: ACA Lives On – Employers Should Stay Their Course

Republicans have announced that their ACA replacement bill, known as the American Health Care Act, has been pulled from a vote, after determining they may not have enough votes to pass the bill. It is unclear whether or when...more

Are You a Small Employer? Still Time to Implement a Health Reimbursement Arrangement

The 21st Century Cures Act allows small employers to reimburse employees on a pre-tax basis for medical care expenses (including premiums for individual health insurance policies). Under transition relief issued on February...more

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