In April 2021, Employee Benefits Security Administration division of the United States Department of Labor (“DOL”) issued cybersecurity related guidance intended to assist business owners and plan fiduciaries to prudently...more
Do you remember the scene in the Wizard of Oz when Dorothy, the Scarecrow and Tin Man were walking into the forest chanting “lions and tigers and bears, oh my”? I could not help but mutter “oh my” under my breath when I...more
12/9/2020
/ Annual Reports ,
Delinquency Status ,
Department of Labor (DOL) ,
Employee Benefits ,
Filing Deadlines ,
Filing Requirements ,
IRS ,
Plan Administrators ,
Retirement Plan ,
SECURE Act ,
Tax Penalties
Since its adoption the Employee Retirement Income Securities Act of 1974, as amended (“ERISA”), has required employee benefit plan sponsors to make disclosures regarding plan terms and plan expenses. The most well-known of...more
11/6/2020
/ Actual or Constructive Knowledge ,
Appeals ,
Breach of Duty ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary ,
Fiduciary Duty ,
Intel Corp. Investment Policy Committee v. Sulyma ,
Material Disclosures ,
Question of Fact ,
Reaffirmation ,
Retirement Plan ,
Retirement Plan Beneficiaries ,
Reversal ,
Safe Harbors ,
SCOTUS ,
Split of Authority ,
Statute of Limitations ,
Summary Judgment ,
Summary Plan Description
On April 28, 2020, the Employee Benefits Security Administration (“EBSA”) issued three documents related to COVID-19 relief: (i) EBSA Disaster Relief Notice 2020-20 (EBSA Notice 2020-01); (ii) the text of a final rule...more
5/6/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Disaster Aid ,
Disclosure Requirements ,
EBSA ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Form 5500 ,
Form M-1 ,
IRS ,
Regulatory Requirements ,
Retirement Plan ,
Sales & Distribution Agreements
The United States Department of Labor has issued “COVID-19 or other Public Health Emergencies and the Family and Medical Leave Act Questions and Answers” (the “DOL COVID-19 FAQ”). The DOL COVID-19 FAQ provides the following...more
3/16/2020
/ Americans with Disabilities Act (ADA) ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Department of Labor (DOL) ,
Emergency Management Plans ,
Employer Liability Issues ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
Fitness for Duty Exams ,
Health and Safety ,
Infectious Diseases ,
Public Health ,
Risk Management ,
Workplace Safety
The Affordable Care Act (the “ACA”) established limitations on the annual out-of-pocket costs that a health plan may impose on a participant. The U.S. Department of Health and Human Services, Department of Labor and the...more
The U.S. Departments of Labor, the Internal Revenue Service and the Department of Health and Human Services recently issued guidance clearly stating that employers may not, without incurring penalties, reimburse employees who...more
Since 1992, the ability to move retirement money from one qualified plan to another qualified plan or individual retirement account has been simplified. One hiccup in this easing process has been determining the level of due...more
The Affordable Care Act provides individuals with the option of purchasing health coverage through new health insurance exchanges, or “Marketplaces” that will operate in every state effective January 1, 2014 (e.g.,...more