Benefits Law Update

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        October 17, 2024

        The long-anticipated final rule under the Mental Health Parity and Addiction Equity Act (MHPAEA) was published on September 9, 2024. The MHPAEA...

        by Eric D. Altholz on October 10, 2024

        In November 2023, the IRS issued proposed regulations addressing the SECURE 2.0 long-term part-time (LTPT) employee eligibility requirements...

        by William D. Jewett on September 16, 2024

        A “qualified disclaimer” is a tax-effective way to refuse a transfer of property that would otherwise occur on someone’s death. From time to...

        by Anna Mikhaylina on September 13, 2024

        On August 28, the IRS issued IR-2024-227, reminding employers of the following key aspects of educational assistance programs under Internal Revenue...

        by Christopher S. Lockman on August 29, 2024

        Summer is ending and fall is rapidly approaching. For employee benefit professionals with calendar-year health and welfare benefit plans that means...

        August 28, 2024

        Section 110 of the SECURE 2.0 Act of 2022 (“SECURE 2.0”) permits employers maintaining a 401(k), 403(b), governmental 457(b), or SIMPLE IRA plan...

        by Karen K. Hartford on August 1, 2024

        On April 26, 2024, the U.S. Department of Health and Human Services (HHS) and Office for Civil Rights (OCR) published Final Regulations under...

        by Kimberly S. Couch on July 30, 2024

        It is a common practice for employers to offer employees a health care flexible spending account (“Health FSA”) option under a cafeteria plan....

        July 2, 2024

        Maine’s comprehensive paid family and medical leave (PFML) law, enacted in October 2023, establishes a state benefits program funded by employer...

        by Kenneth F. Ginder on June 27, 2024

        In our December 7, 2023 post, we noted five class action lawsuits, all filed by the same law firm within two months, in which 401(k) plan...

        by Kaitlyn Malkin on May 22, 2024

        We are sometimes asked whether a self-funded group health plan is required to cover gender-affirming medical services. As this post explains in...

        by Eric D. Altholz on May 20, 2024

        When the IRS published proposed regulations harmonizing key provisions of Code Sections 409A and 457(f) in 2016, executive compensation lawyers and...

        by William D. Jewett on May 1, 2024

        This post examines excess deferrals under non-governmental 457(b) plans, including the approved method for correcting them and the penalty for...

        by Anna Mikhaylina on April 23, 2024

        Under the Consolidated Appropriations Act of 2021 (“CAA”), employer-sponsored group health plans, including medical-only plans, must submit...

        by Christopher S. Lockman on April 22, 2024

        For the past few years, we have encouraged plan sponsors to focus on matters of fiduciary governance for their health and welfare benefit plans (see...

        March 28, 2024

        We are often asked about the permissibility of excluding certain categories of employees from participating in an employer’s tax-qualified...

        by Kimberly S. Couch on February 29, 2024

        Under Section 404 of ERISA, plan fiduciaries must act for the exclusive benefit of plan participants and beneficiaries and use plan assets only to...

        by Karen K. Hartford on February 9, 2024

        We are well into the Affordable Care Act (“ACA”) information reporting season. Forms 1095-B/1095-C must be provided to employees by March 1,...

        by Kenneth F. Ginder on January 10, 2024

        As part of the routine administration of employee benefit plans, shortly after the end of a calendar year, many transactions must be reported to the...

        January 9, 2024

        The Internal Revenue Service gave retirement plan sponsors end-of-the-year gifts by providing guidance under twelve sections of the SECURE 2.0 Act of...

        by Kaitlyn Malkin on December 22, 2023

        This post summarizes provisions of SECURE 2.0 that retirement plans may need or want to implement for 2024. While no amendments are required for...

        by Eric D. Altholz on December 8, 2023

        Newly issued IRS Proposed Regulations regarding the special eligibility and vesting requirements for long-term, part-time employees provide guidance...

        by Anna Mikhaylina on December 7, 2023

        In five recently filed class action lawsuits,[1] 401(k) plan participants allege that plan fiduciaries violated ERISA by using plan forfeitures to...

        by Christopher S. Lockman on November 29, 2023

        In 2021, the Department of Health and Human Services (HHS) proposed changes to the Privacy Rule under the Health Insurance Portability and...

        November 3, 2023

        On October 18, 2023, the Maine Retirement Savings Board adopted a final rule implementing Maine’s state-run retirement savings program, the Maine...

        by William D. Jewett on November 2, 2023

        On October 31, 2023, the Department of Labor published a new proposed regulation (the “Proposed Rule”) defining “investment advice” for...

        by Karen K. Hartford on October 2, 2023

        The interaction between employer-provided retiree medical coverage and COBRA[1] is complex. Many employers incorrectly assume they do not have to...

        by Kimberly S. Couch on August 30, 2023

        On August 25, 2023, the IRS issued IRS Notice 2023-62, providing much needed relief for employers who have been struggling to implement Section 603...

        by Kenneth F. Ginder on August 24, 2023

        Introduction: Fifteen months ago, we wrote that the U.S. Department of Labor (“DOL”) had informed Congress that it intended to devote substantial...

        by Anna Mikhaylina on July 27, 2023

        The IRS’s recent Chief Counsel Advice Memorandum 202317020 (the “Memo”) brings into focus the importance of compliance with the debit card...

        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.

        Contributing Authors
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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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