Alden J. Bianchi

Alden J. Bianchi

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The Department of Labor’s 2016 Final Fiduciary and Conflict of Interest Regulations: Amendments to Prohibited Transaction...

This post continues our examination of the Department of Labor’s suite of final fiduciary and conflict of interest regulations. Our previous posts discussed the newly expanded definition of “investment advice fiduciary”; the...more

7/15/2016 - Best Interest Contract Exemptions Brokers Conflicts of Interest Covered Transactions Disclosure Requirements DOL ERISA Fiduciary Duty Insurance Agents Internal Revenue Code (IRC) Prohibited Transactions Recordkeeping Requirements

Hospital and Fixed Indemnity and Disease-Specific Policies in the Cross Hairs: Tri-Agency Proposed Rule Portends Some Disruption

On June 10, the Departments of Treasury, Labor, and Health and Human Services (The “Departments”) issued a set of proposed regulations dealing with expatriate health plans, excepted benefits, lifetime and annual limits, and...more

6/15/2016 - Affordable Care Act DOL Employee Benefits Employer Group Health Plans HHS HIPAA Indemnity Insurance Proposed Regulation U.S. Treasury

The Department of Labor’s 2016 Final Fiduciary and Conflict of Interest Rule: The Best Interest Contract Exemption

Last month the U.S. Department of Labor published a suite of final regulations governing the fiduciary status of, and prescribing conflict of interest rules that apply to, persons who provide investment advice to...more

5/26/2016 - Benefit Plan Sponsors Best Interest Contract Exemptions Conflicts of Interest DOL ERISA Fiduciary Duty Investment Adviser IRA Remedies Retirement Plan

The Depart of Labor’s 2016 Final Fiduciary and Conflict of Interest Regulations: The New Fiduciary Standard

With this post, we begin our substantive explanation of the Department of Labor’s suite of final fiduciary and conflict of interest regulations. For the financial services industry, and for the retirement plans and IRAs,...more

5/13/2016 - Conflicts of Interest DOL ERISA Fiduciary Duty Investment Adviser IRA Prohibited Transactions Retirement Plan

Hold on to Your (Fiduciary) Hats: the Countdown to Compliance with the Department of Labor’s Final Fiduciary Rules Begins

After six years in the hopper, the Department of Labor finally issued final fiduciary regulations late last week that will greatly impact a wide variety of stakeholders. The Employee Retirement Income Security Act (ERISA)...more

4/11/2016 - Benefit Plan Sponsors DOL ERISA Fiduciary Duty Final Rules

U.S. Department of Labor Re-Proposes Rules Governing the Definition of “Fiduciary”—Part 4: The Impact on 401(k) Plan Consultants...

This post highlights the significant impact the proposed regulations may have on advisers to mid-sized and small 401(k) retirement plans if adopted. Previously, Part 1, Part 2 and Part 3 of this series described the...more

6/3/2015 - 401k Benefit Plan Sponsors DOL ERISA Fiduciary Duty Investment Adviser Retirement Plan

U.S. Department of Labor Re-Proposes Rules Governing the Definition of “Fiduciary”—Part 3: The Impact on Large Retirement Plans

In Part 1 of this series, we reported on recently proposed regulations issued by the U.S. Department of Labor amending the definition of the term “fiduciary” under the Employee Retirement Income Security Act (ERISA) and the...more

5/27/2015 - Benefit Plan Sponsors Best Practices DOL ERISA Fiduciary Duty Human Resources Professionals Internal Revenue Code (IRC)

U.S. Department of Labor Re-Proposes Rules Governing the Definition of “Fiduciary”—Part 2: The “Best Interest Contract” Exemption

In Part 1 of this series, we reported on recently proposed regulations issued by the U.S. Department of Labor amending the definition of the term “fiduciary” under the Employee Retirement Income Security Act (“ERISA”) and the...more

5/19/2015 - Best Interest Contract Exemptions DOL ERISA Fiduciary Duty Investment Adviser IRA Retirement Plan

U.S. Department of Labor Re-Proposes Rules Governing the Definition of “Fiduciary”: Part 1: The Rule and its Exceptions

The U.S. Department of Labor recently issued proposed regulations that make sweeping changes to the definition of the term “fiduciary” under the Employee Retirement Income Security Act (ERISA). To call this proposal...more

5/15/2015 - Benefit Plan Sponsors DOL ERISA Fiduciary Duty Retirement Plan

The Affordable Care Act—Countdown to Compliance for Employers, Week 24: Can Offers of Group Health Plan Coverage Under Code...

The Employer Shared Responsibility provisions of the Affordable Care Act (“ACA”) generally require “applicable large employers” (i.e., employers who employed at least 50 full-time and full-time equivalent employees on...more

7/16/2014 - Affordable Care Act Contractors DOL Employee Benefits Employer Contributions Employer Group Health Plans Employer Mandates Federal Contractors IRS Service Contract Act Subcontractors U.S. Treasury Wage and Hour

The Affordable Care Act—Countdown to Compliance for Employers, Week 26: Fitting a Round Peg (the Public Health Service Act 90-day...

The Departments of the Treasury/IRS, Labor and Health and Human Services (the “Departments”) recently issued a final regulation under the 90-day waiting period limitation, which is included among the Affordable Care Act’s...more

6/30/2014 - Affordable Care Act DOL Employer Mandates ERISA Healthcare Healthcare Reform HHS Internal Revenue Code (IRC) IRS PHSA U.S. Treasury

Departments of Labor, Treasury, and Health and Human Services Issue Final and Proposed Regulations Implementing the 90-day Limit...

The Affordable Care Act (the “Act”) generally prevents an otherwise eligible employee (or dependent) from having to wait more than 90 days before coverage becomes effective under a group health plan. The regulation of waiting...more

3/5/2014 - Affordable Care Act DOL Employee Benefits ERISA Healthcare HHS U.S. Treasury Waiting Periods

Departments of Labor, Health and Human Services, and Treasury Issue Proposed Regulations Governing “Excepted Benefits”

A handful of recent guidance items that the Departments of Labor, Health and Human Services, and Treasury have issued make some important changes related to the regulation of “excepted benefits.” These changes are driven in...more

2/4/2014 - Affordable Care Act DOL Employee Assistance Programs Employee Benefits Healthcare HHS U.S. Treasury Wraparound Coverage

Labor and Treasury/IRS Opine on Integrated and Non-Integrated HRAs, Medical FSAs, and EAPs

On September 13, 2013, the Department of Labor and the Treasury Department/IRS (the “Departments”) issued coordinated guidance on a handful of items relating to the implementation of the Affordable Care Act (the “Act”),...more

9/26/2013 - Affordable Care Act DOL EAP Flexible Spending Accounts Healthcare HRA IRS U.S. Treasury

Complying with the Affordable Care Act’s Exchange Notice Requirement

The Patient Protection and Affordable Care Act (the “Act”) amends the Fair Labor Standards Act (“FLSA”) to require employers of all sizes to provide their employees a notice of the availability of coverage through public...more

8/21/2013 - Affordable Care Act COBRA Compliance DOL Employee Benefits Employer Mandates FLSA Health Insurance Exchanges Healthcare Marketplace Notice Notice Requirements

DOL, IRS, and HHS Put the Brakes on Stand-Alone HRAs Used to Access Health Insurance Coverage in the Individual Market

In a set of Frequently Asked Questions (FAQs) posted to the Department of Labor’s website on January 24, the Departments of Health and Human Services, Labor, and Treasury (the “Departments”) put a stop to an approach to...more

2/4/2013 - Defined Contribution Plans DOL Employer Group Health Plans Health Insurance HHS HRA IRS

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