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DOL Prioritizes SECURE ACT 2.0 in 2024 Budget Proposal

At the end of March 2023, the Department of Labor (DOL) published its budget proposal for fiscal year 2024. Though met with little fanfare, the DOL is seeking close to $5 Million dollars and twelve full-time employees to...more

A List of Current “To Do’s” for Retirement Plan Sponsors – SECURE 2.0 Act of 2022

President Biden signed The Consolidated Appropriations Act, 2023 in late December 2022. The final bill included the SECURE 2.0 Act of 2022 (“SECURE 2.0”). As we reported in a prior article, SECURE 2.0 contains a host of...more

Retirement Plan Challenges and Opportunities – SECURE 2.0 Act of 2022

Last Friday Congress passed its year-end omnibus spending bill avoiding a wide-spread government shutdown. We expect President Biden to sign this bill any day. The final legislation includes the SECURE 2.0 Act of 2022...more

Department of Labor Responds to COVID-Related Medical Premium Discounts and Surcharges

Over the past few months, many employers have announced plans to encourage COVID-19 vaccination among their workforce by implementing either medical premium discounts for the vaccinated or surcharges for the unvaccinated. ...more

Paid Time Off For Vaccinations – A Reason for an Employer Tax Credit

On July 29, 2021, the IRS updated its frequently asked questions (FAQs) regarding the paid sick and family leave tax credits under the American Rescue Plan Act of 2021 (ARPA). The new guidance clarifies that eligible...more

The ARPA COBRA Premium Subsidy -The List of Must Do’s

Introduction. In mid-March, President Biden signed the American Rescue Plan Act of 2021 and included in its many provisions for providing COVID relief and economic stimulus is the six-month COBRA Premium Assistance (a/k/a...more

Providing Incentives Can Be “Taxing”

Employers should not overlook the income tax reporting and withholding compliance issues when providing incentives, rewards, bonuses – whether for vaccination, holiday gifts, safety programs, attendance, and the like. The...more

Deferred Compensation Plans: Options and Considerations

Businesses often consider how to reward and retain top talent and incentivize productivity without offering equity, an ownership interest in the business. An executive deferred compensation plan allows an employer to...more

Retirement Plan Sponsors Must Soon Provide Annual Lifetime Income Illustrations

Last year, Congress passed the Setting Every Community Up for Retirement Enhancement Act of 2019, often called the “SECURE Act”. One of the SECURE Act’s important provisions amended ERISA Section 105 to require sponsors of...more

IRS Provides Cafeteria Plans New Temporary COVID-19 Flexibility

The IRS recently published two items of guidance to allow temporary changes to cafeteria plans. As a result of the guidance, employers may allow employees to make mid-year benefit election changes to respond to changed...more

Five Things to Consider when Calculating Qualified Health Plan Expenses Under the FFCRA

While most employers are aware of the payroll tax credits available for paid sick and family leave requirements provided under the Families First Coronavirus Response Act (FFCRA), many are unaware credits area also available...more

Employers Take Note: How to Properly Substantiate Your Payroll Tax Credits under the FFCRA

Earlier this week, the Internal Revenue Service issued guidance on the payroll tax credits available under the Families First Coronavirus Response Act (FFCRA). These credits are available to employers providing qualifying...more

CARES Act -- New Employee Benefit Tools to Support Affected Employees

Signed by President Trump on March 27, 2020, the CARES Act adds a few new tools to employers’ employee benefit arsenal. Many changes – such as the increase in plan loans limits and hardship distribution conditions – expand...more

Fourth Circuit Affirms Abuse of Discretion Finding in Denial of Coverage for Long Term Disability Claim

In an unpublished decision issued last month, the Fourth Circuit Court of Appeals affirmed a lower court’s ruling ordering the reinstatement of long-term disability and life insurance benefits....more

IRS Announces New Retirement Plan Guidance for Voluntary Correction Program (VCP) Applications

For HR offices, December is typically a time to recover from open enrollment, tie up loose ends, and look forward to 2019. Lost in the busyness of the last few months may have been some retirement plan guidance from the...more

401(k) Fee Litigation: Coming to a District Court Near You…

Until recently, the Carolinas were relatively immune to litigation surrounding alleged excessiveness of 401(k) plan fees. But last month in the U.S. District Court for the Western District of North Carolina, employees of...more

Employee Benefits and the Tax Cuts and Jobs Act

As we move into the second quarter of 2018, now is a good time to remind employers about the significant impact of the Tax Cuts and Jobs Act (TCJA) on employee benefits. While some of these issues may not affect the taxation...more

Recent Cases Shed Light on Retirement Plan Excessive Fee Litigation

As we approach the end of the year, 2017 is turning out to be significant in the ever-evolving world of litigation over 401(k) plan fees. Since 2006, plaintiffs’ firms have brought hundreds of lawsuits across the country on...more

Supreme Court Confirms Retirement Plans of Church-Affiliated Organizations Can be Exempt from ERISA

In a much-anticipated ruling, the U.S. Supreme Court ruled on June 5 that retirement plans maintained by church-affiliated organizations can be exempt from the Employee Retirement Income Security Act (ERISA), regardless of...more

IRS Provides Guidance to Employers Using Payroll Service Providers

These days, the majority of mid-to-large employers use payroll service providers for ease of payroll recordkeeping and administration. These third party providers help ease the burden of calculating taxes and withholding,...more

Court Finds Hospital Subject to Sales Tax

By Order dated May 8, 2017, Judge Deborah Brooks Durden of the South Carolina Administrative Law Court upheld the Department of Revenue’s (Department) denial of Greenville Hospital System’s (GHS) request for an exemption from...more

South Carolina: Employee Benefits Bill a Reminder of What Local Jurisdictions Can Mandate

Fresh off the overwhelming rejection of union representation by Boeing employees in February, and with commentators largely crediting the state’s manufacturing boom to its right to work laws and lowest-in-the-nation 1.6%...more

Top Ten Expected Labor and Employment Law Changes by the New Trump Administration

With the inauguration behind us, what changes do we expect the Trump Administration to make to labor and employment laws? The following is a top ten list of those expected changes, as recently discussed during a webinar that...more

Quid Pro Quo: When a “Gift” is not a Gift

When it comes to properly documenting property and cash donations, most charities are well-versed with the IRS’ substantiation rules. But equally as important to those rules are the disclosure requirements regarding quid pro...more

Tax Court to Exempt Orgs: Substantiate!

While we’re not even three full months into 2016, the United States Tax Court already has decided two cases, which disallowed tax deductions for donors based on a tax exempt entity’s failure to properly substantiate those...more

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