Angela Bohmann

Angela Bohmann

Stinson Leonard Street

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Another Way To Become Personally Liable To A Multiemployer Plan

I have blogged in the past about individuals and businesses that are not signatories to a collective bargaining agreement being found liable for withdrawal liability imposed by multiemployer pension plans (plans jointly...more

3/26/2014 - Breach of Duty Delinquent Contributions Employer Liability Issues ERISA Fiduciary Duty Multi-Employer Pensions Retirement Plan

Even A Tax Lawyer Can Get The IRA Rollover Rules Wrong

Individuals are permitted to roll over amounts in one IRA to another IRA only once in a 12 month period. The rollover must be completed within 60 days. ...more

2/13/2014 - IRA IRA Rollovers IRS

Gas Prices Must Be Going Down

Every year the IRS issues optional standard mileage rates that can be used by taxpayers to calculate the deductible cost of operating an automobile for business, charitable, medical or moving purposes. Many employers...more

12/10/2013 - IRS Mileage Reimbursement

Another Reason To Be Careful If ROBS Is Your Business Financing Strategy

I blogged earlier this year about a tax court decision in which taxpayers used assets in their IRA to finance a new business in a structure sometimes known as ROBS or Rollover for Business Startups. Unfortunately, because of...more

11/21/2013 - Income Taxes IRA ROBS Startups Tax Liability

Are All Severance Plans Subject To ERISA?

I blogged recently about an ERISA case involving an executive severance plan where the executive sued claiming that his employment termination was effective before the first anniversary of a change in control, thereby...more

11/21/2013 - ERISA Severance Agreements Termination

Bad Faith Termination Can Be Good ERISA Interference Claim

It is not uncommon for employers to have executive severance plans that pay substantial severance if an executive loses employment in connection with a change in control. In a recent federal district court decision, a former...more

11/15/2013 - Bad Faith Change in Control Employer Liability Issues ERISA Retaliation Severance Agreements Termination

IRS Loosens Use It Or Lose It Rule

As employers who sponsor cafeteria plans know, flexible spending accounts (FSAs) under those plans have had a “use it or lose it” rule. Under that rule, employees who participate in the spending accounts must make elections...more

11/14/2013 - Carryover Basis Flexible Spending Accounts Healthcare IRS Use or Lose Rule

Best To Save Plan Documents Until All Retirees And Beneficiaries Are Dead

As a result of industry consolidation over the years, employers can find themselves responsible for pension plans of companies long out of existence. A recent federal district court decision imposed a penalty of $4,470 on a...more

11/14/2013 - Beneficiaries Documentation Employee Benefits Employer Liability Issues Pensions Retirement Plan

You Cannot Take The Embezzler’s 401(k) Plan Balance

Many employers know that with few exceptions a participant’s benefit in a tax qualified retirement plan is protected from the participant’s creditors. One exception is for court orders, known as qualified domestic relations...more

10/15/2013 - 401k Creditors Defined Contribution Plans Embezzlement Employee Benefits QDRO Retirement Plan Tax Qualified Retirement Plans

More About HRAs And Some About EAPs

I blogged recently about IRS and Department of Labor (DOL) guidance restricting the ability of employers to subsidize individual health insurance premiums for their employees after December 31, 2013. That IRS and DOL guidance...more

10/14/2013 - Affordable Care Act DOL EAP Employer Group Health Plans ERISA Health Insurance Exchanges Healthcare HRA IRS Premiums

The Supreme Court Will Decide Whether FICA Taxes Is Owed On Severance Pay

I blogged about Quality Stores, a case in which the Sixth Circuit Court of Appeals held that severance pay is not subject to FICA (Social Security) taxes if certain requirements are met: The severance payments must be made...more

10/11/2013 - FICA Taxes IRS Quality Stores SCOTUS Severance Pay

No More Pre-Tax Premiums For Individual Insurance Policies?

Over the years we have seen some employers, particularly small employers, choose to provide health coverage to their employees by paying all or part of the premium for individual insurance policies that the employees have...more

10/11/2013 - Affordable Care Act DOL Employer Group Health Plans Healthcare HRA IRS Premiums SHOP Program Subsidies

What Is A Trade Or Business And Why Does It Matter – Part 3

I blogged last year about a couple of decisions in which courts concluded that various related companies were part of a controlled group of trades or businesses and therefore liable for the withdrawal liability of one of the...more

8/21/2013 - Controlled Groups Multiemployer Plan Pensions Sun Capital Partners Withdrawal Liability

This Time The Employer Is Responsible For The Withholding Error

I recently blogged here about a situation involving Verizon withholding US taxes from payments to former employees who never lived or worked in the U.S....more

8/21/2013 - Deferred Compensation FICA Taxes Income Taxes Withholding Tax

Maintaining Poor COBRA Procedures Can Be Expensive

I blogged a few months ago about an employer who had to pay more than $83,000 in penalty, attorneys’ fees and costs for failure to give a proper COBRA notice for a dental plan....more

8/16/2013 - Attorney's Fees Benefit Plan Sponsors COBRA Penalties

If The Tax Withholding Is Wrong, Don’t Rely On The Employer To Fix It – Part 2

Over a year ago I blogged about the situation of former employees of Verizon who had never worked or resided in the United States but who had U.S. income taxes withheld from payments under benefit plans in which they...more

8/8/2013 - Fiduciary Duty Foreign Nationals Income Taxes IRS Tax Refunds Verizon Withholding Requirements

Courts Do Not Always Agree

I blogged recently about a decision from a federal district court in Virginia (Eastern District) involving a widow who sought to recover life insurance benefits from her late husband’s employer-sponsored group term life...more

8/6/2013 - Conflicts of Laws Fiduciary Duty Summary Judgment

IRS Says: Be Careful If You Outsource Payment

The IRS recently issued a fact sheet containing tips for employers who outsource payroll duties....more

8/6/2013 - IRS Payment Plans Payroll Taxes

IRAs And Bankruptcy – This Is A Technical One

This post deals with protecting IRAs in bankruptcy – and the IRA was ultimately protected – but the arguments made are ones that only an ERISA junkie might appreciate....more

7/15/2013 - Consumer Bankruptcy DOL ERISA IRA Tax Exemptions

Company Owners Can Be Personally Responsible For Contributions To Multiemployer Plans

I have blogged in the past about the reach of obligations to multiemployer plans and how other businesses owned by a participating employer can be held responsible for withdrawal liability based upon the common ownership. If...more

7/9/2013 - Business Ownership Commercial Bankruptcy Employer Contributions Liability Liability Insurance Multiemployer Plan Pensions Retirement Plan Withdrawal Liability

Health Insurance Carriers Must Also Be Careful In What They Tell Plan Participants

I blogged recently warning employers to be careful when enrolling employees in plan benefits because the employer could be responsible to pay life insurance or disability benefits if an employee who is improperly enrolled...more

6/26/2013 - CIGNA v Amara Employer Group Health Plans ERISA Fiduciary Duty Healthcare

Be Careful With Your Life Insurance Enrollments

Over the years there have been a number of cases that have involved employers improperly enrolling employees in group life or disability insurance benefits....more

6/25/2013 - CIGNA CIGNA v Amara Disability Insurance Eligibility Employee Benefits ERISA Life Insurance

Okay For Health Plan To Cover Same Sex But Not Opposite Sex Domestic Partners

I have always been interested in the intersection of employment law and benefits law....more

6/24/2013 - Domestic Partnership ERISA FMLA Health Plan Sponsors Marital Status Same-Sex Marriage

The Retirement Toolkit

My colleague Jeff Cairns recently blogged about a proposed regulation of the Department of Labor (DOL) that will require employers to include on plan statements estimates of the lifetime annuity amount that a participant’s...more

6/13/2013 - DOL Retirement Retirement Plan

Employment And Labor Law Alert: Minnesota's Same-Sex Marriage Law: Effects On Employers

On Tuesday, May 14, 2013, Governor Dayton signed into law a bill legalizing same-sex marriage in Minnesota (H.F. 1054 and S.F. 925), effective August 1, 2013....more

5/20/2013 - DOMA Employee Benefits Exemptions FMLA Same-Sex Marriage Spousal Tax Relief

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