Benefits Law Update

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        by Eric D. Altholz on August 26, 2011

        Employers large and small often ask us how they can reward key employees for their contributions to the success of the company and provide a...

        by Kenneth F. Ginder on August 12, 2011

        A "church plan" – whether maintained by an actual church or by a church affiliated organization (such as a college or hospital that is church...

        August 3, 2011

        On Monday Treasury, Labor, and HHS released an amendment to the interim final regulations on preventive care. This amendment adopts new standards...

        by Eric D. Altholz on July 21, 2011

        Last week the U.S. Department of Health and Human Services ("HHS") released proposed regulations designed to implement the provisions of the...

        by Kenneth F. Ginder on July 15, 2011

        According to a report recently published by the Treasury Department's Inspector General for Tax Administration, the IRS has significantly improved...

        July 14, 2011

        Yesterday the DOL's Employee Benefits Security Administration (EBSA) issued a final rule delaying the applicability dates of the new fiduciary and...

        July 5, 2011

        Employers often ask about their obligations to offer COBRA benefits to terminating employees who are eligible for retiree medical coverage, and with...

        by Kenneth F. Ginder on June 23, 2011

        The IRS Employee Plans Compliance Resolution System (EPCRS) has been a true success story for the Service and for plan sponsors. Under EPCRS, a plan...

        by Eric D. Altholz on June 15, 2011

        Over the past week the IRS has doled out a double dose of relief for non-profit hospitals and health insurance organizations that were facing...

        by Eric D. Altholz on June 9, 2011

        We are pleased to offer a guest post by Warren Kerper, Managing Principal in the Boston office of Sullivan, Cotter and Associates, Inc.Warren advises...

        June 8, 2011

        As we discussed in an earlier post, in April the Department of Labor's Employee Benefits Security Administration (EBSA) issued a Request for...

        June 2, 2011

        The DOL's Employee Benefits Security Administration (EBSA) has finally provided official notice of its proposal to delay the applicability date of...

        by Eric D. Altholz on May 27, 2011

        Last week Maine Governor Paul LePage signed into law new legislation (L.D. 1333) intended to make sweeping changes to the Maine individual and small...

        by Eric D. Altholz on May 17, 2011

        The IRS Employee Plans Compliance Unit (EPCU) has kicked off its long awaited compliance initiative focusing on how higher education organizations...

        May 12, 2011

        The Department of Labor's Employee Benefits Security Administration (EBSA) has determined that it may be time to update the rules regarding...

        May 6, 2011

        Treasury and the IRS have given us a peek at how they may implement the employer shared responsibility provisions of health care reform, set to take...

        by Eric D. Altholz on April 28, 2011

        In 1995 the Third Circuit Court of Appeals broke new ground in the area of fiduciary liability under ERISA when it found that an action of a...

        by Eric D. Altholz on April 20, 2011

        Executive pay in the exempt organization setting has been subject to scrutiny and regulation since long before corporate bad actors and the financial...

        by Kenneth F. Ginder on April 15, 2011

        The Affordable Care Act requires employers to report on Form W-2, for informational purposes only, the cost of the group health benefits provided to...

        April 15, 2011

        Late yesterday President Obama signed into law legislation to repeal the expanded Form 1099 reporting requirements passed under health care reform....

        April 4, 2011

        If your company has a retiree medical plan and has not applied to participate in the Early Retiree Reinsurance Program (ERRP), now is the time to do...

        March 30, 2011

        This is the second in our two-part series of posts regarding the status of health care reform one year after the Patient Protection and Affordable...

        by Eric D. Altholz on March 23, 2011

        One year ago today President Obama signed the Patient Protection and Affordable Care Act – the landmark health care reform legislation – into...

        by Eric D. Altholz on March 12, 2011

        Those of us who deal with Section 403(b) plans (a/k/a tax sheltered annuity plans) rejoiced when Treasury published Final Regulations under Code...

        March 10, 2011

        The federal Department of Health and Human Services has granted Maine's request for a waiver from health care reform's medical loss ratio rule. This...

        by Eric D. Altholz on March 8, 2011

        Section 404(a)(1)(B) of ERISA requires a fiduciary to discharge its duties with respect to an ERISA plan "with the care, skill, prudence, and...

        by Kenneth F. Ginder on February 25, 2011

        On February 23, 2011, the IRS indicated that its 401(k) Compliance Check Questionnaire Project is entering its next phase. As discussed in a prior...

        February 18, 2011

        Earlier this week HHS revealed that it expects to distribute about $3.6 billion in reimbursements under the Early Retiree Reinsurance Program (ERRP)...

        February 11, 2011

        Today EBSA (part of the DOL) announced its intention to delay the applicability date of the new feedisclosure rules under Section 408(b)(2) of ERISA,...

        by Kenneth F. Ginder on January 31, 2011

        A recent Tax Court case, Hollen v. Commissioner (2011, T.C. Memo 2011-2), offers a stark reminder that the IRS can and will seek to disqualify a...

        About the Blog

        Verrill’s Benefits Law Update blog delivers timely insights and practical guidance on the ever-evolving landscape of employee benefits and executive compensation. Our blog provides up-to-date analysis and commentary on a wide range of topics, including timely updates on developments in law affecting employee benefit plans and executive compensation arrangements.

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        About

        Verrill’s Benefits Law Update blog delivers timely insights and practical guidance on the evolving landscape of employee benefits and executive compensation. Verrill’s Employee Benefits & Executive Compensation Group has substantial experience in all aspects of employee benefits law and executive compensation, providing collaborative legal services to mid-sized and larger employers, both for-profit and not-for-profit, across diverse industries.

        Our blog provides up-to-date analysis and commentary on a wide range of topics affecting retirement plans, health and welfare benefits, and executive and deferred compensation arrangements.​

        Recent posts have addressed:

        • Regulatory and legislative developments, including SECURE 2.0 implementation, updated Department of Labor guidance on annual funding notices, and evolving Mental Health Parity and Addiction Equity Act (MHPAEA) rules.
        • Fiduciary governance and risk management for ERISA plans, including litigation risk around investment and fee practices, and practical strategies for committee oversight.
        • Plan design and operational issues for 401(k), 403(b), and 457(b) plans, such as long-term part-time employee eligibility, student loan matching programs, and correction of operational failures.
        • Health plan compliance topics, including coverage mandates, prescription drug and other transparency reporting under the Consolidated Appropriations Act, and cybersecurity expectations for group health plans.
        • Executive and nonqualified deferred compensation arrangements, including the scope of the top hat plan rules and coordination of compensation deferral elections with new Roth catch-up contribution rules and recent IRS guidance under Code Sections 409A and 457(f).
        • State law developments, including Maine’s paid family and medical leave program and related employer policy updates and implementation considerations.

        Samuel J. Baldwin and William D. Jewett are the blog’s editors.

        Please note that the content presented in this blog is not intended to constitute legal advice and cannot be relied upon by any person as legal advice. U.S. Treasury Regulations require us to notify you that any tax-related material in this blog (including links and attachments) is not intended or written to be used, and cannot be used, for the purpose of avoiding tax penalties, and may not be referred to in any marketing or promotional materials. While we welcome comments on our blog posts, submitting a comment does not create an attorney-client relationship between the Firm and the commenter. Accordingly, please do not include in any comment or question information about any matter that may involve you.

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