Angela Bohmann

Angela Bohmann

Stinson Leonard Street

Contact  |  View Bio  |  RSS

Latest Publications

Share:

Same Sex Marriage: Effect on Benefits

The United States Supreme Court recently held in Obergefell v. Hodges http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf that all states must recognize and allow marriages between same sex partners. Depending on an...more

7/3/2015 - Benefit Plan Sponsors Equal Protection ERISA Fourteenth Amendment Marriage Marriage Equality Obergefell v. Hodges Same-Sex Marriage SCOTUS Spouses

Using Your IRA to Buy a Business: Still a Risky Strategy

I blogged in the past about decisions in which taxpayers have used assets in their IRA to finance a new business. This structure is sometimes known as a ROBS or rollover for business startups. In 2013, the tax court held that...more

6/16/2015 - 401k Business Development Employee Benefits IRA IRA Rollovers IRS Retirement Plan ROBS Startups Tax Court

Retiree Medical Plans can Impose Lifetime Limits

Employers who sponsor medical plans know that those plans can no longer impose lifetime limits on essential health benefits. One exception is for medical plans that cover fewer than two active employees. Retiree medical plans...more

6/10/2015 - Affordable Care Act Employee Benefits Healthcare Lifetime Limits Retiree Drug Expenses

Standard of Review is Important – Again

I recently blogged about the importance the standard of review can make when a court decides whether a claims decision made under an employer plan will be upheld. My recent blog post dealt with the standard of review under a...more

6/5/2015 - Benefit Plan Sponsors C-Suite Executives Disability Benefits Disability Insurance Standard of Review

Are Top Hat Plans Entitled to a Discretionary Standard of Review?

Many years ago the Supreme Court decided that qualified retirement plans that gave their fiduciaries discretion to determine plan benefits were entitled to have their decisions, reviewed by a court under a generous “abuse of...more

5/26/2015 - Employee Benefits ERISA Fiduciary Duty Fiduciary Standard Plan Administrators Retirement Plan SCOTUS Severance Agreements Standard of Review

Internet Posting of SPD is Insufficient

Employers know that they must prepare and distribute a summary plan description (SPD) for their ERISA benefit plans, including retirement benefits, health insurance, life insurance and disability insurance. Because of the...more

5/26/2015 - 401k Employee Benefits ERISA Health Insurance Life Insurance Popular Posting Requirements Retirement Plan Summary Plan Description

Some Wellness Benefits are Taxable

My colleagues blogged on recent wellness guidance from the Equal Employment Opportunity Commission (EEOC) and the three agencies charged with enforcing the Affordable Care Act (ACA), the Department of Treasury, the Department...more

5/15/2015 - ADA Affordable Care Act DOL EEOC Employee Benefits Genetic Discrimination HIPAA Income Taxes Privacy Laws W-2 Wellness Programs

A Bad Deed is Not Entirely Unpunished

Richard Thomas embezzled nearly $20,000,000 from his employer. The employer then kept Thomas’s profit sharing account of about $21,000 as an offset against the embezzled amount. Of course, this violated ERISA’s...more

5/14/2015 - Anti-Alienation Provisions Attorney's Fees Embezzlement Employee Benefits ERISA Profit Sharing Wage and Hour

Be Careful What You Promise Employees Who Leave Your Employment

Clients sometimes like to ease the transition for employees who are retiring or whom the client would like to encourage to leave. One strategy is to continue the employee “on payroll” for a period of time with the expectation...more

3/6/2015 - Employee Benefits Employer Liability Issues Former Employee Retirement

Make Sure Participants Know When Their Plan Benefits Have Been Transferred

Employers need to make sure that their employees know when benefits shift from one plan to another as illustrated by this case from Utah: Martin Marietta Corporation (Martin) operated a cement plant that it later...more

2/26/2015 - Benefit Plan Sponsors Employer Liability Issues Notice Requirements

Employers Can Be Responsible for FICA Withholding Errors

Back in 2013 I blogged about a class action lawsuit brought against Henkel Corporation for improper Social Security (FICA) tax withholding from nonqualified deferred compensation benefits. I am blogging now on an update to...more

1/14/2015 - Class Action Deferred Compensation Employer Liability Issues FICA Taxes

Plan Administrators Have Discretion to Round

Cash balance plans often provide a pay credit and an interest credit in determining a participant’s accrued benefit. The pay credit is often a percentage of compensation. The interest credit is established in the plan and can...more

12/18/2014 - Benefit Plan Sponsors ERISA Rounding

Undocumented Worker Can Cause Health Plan Problems

Employers know that since the 1980s they have been required to check the lawful work status of employees that they hire through the I-9 process. Employers also know that Immigration and Customs Enforcement (ICE) can audit...more

12/9/2014 - Audits DOL Employer Liability Issues I-9 ICE Popular Undocumented Immigrants

EEOC Challenges Honeywell’s Wellness Program

The EEOC recently sued Honeywell International, Inc., claiming that Honeywell’s wellness program violated the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). Although the EEOC...more

12/4/2014 - ADA EEOC Employer Liability Issues Enforcement Actions GINA Honeywell International Wellness Programs

Attention All You Procrastinators!

The Centers for Medicare and Medicaid Services (CMS) has postponed to 11:59 pm on December 5, 2014, the deadline for health insurance issuers and self funded plans to submit their annual enrollment count for the transitional...more

11/18/2014 - CMS Deadlines Enrollment Health Insurance Reporting Requirements

Penalty for Employer Missed COBRA Notice Affirmed

Almost two years ago I blogged about a federal district court decision from Alabama that imposed a penalty of $37,950 ($75 a day) on an employer that failed to provide a COBRA notice for a dental plan to a former employee....more

9/18/2014 - COBRA Employee Benefits Employer Liability Issues

Employers Should Monitor Closely Group Term Life Insurance Enrollments

Many employers offer group term life insurance, including supplemental life. Often an employee who wants to buy coverage above a particular level after an initial open enrollment period must show evidence of insurability....more

8/28/2014 - Corporate Counsel Employee Benefits Employer Liability Issues Life Insurance Open Enrollment Popular

Failure to Cover Applied Behavior Analysis for Autism Spectrum Disorder Violates Federal Mental Health Parity Law

Parents have searched for effective therapies for children with autism spectrum disorder. One therapy that has shown promise, at least for some children, is applied behavior analysis (“ABA”), which is an intensive behavioral...more

8/25/2014 - Employer Group Health Plans Health Insurance Mental Health

Governments May Be Exempt From ERISA, But They Are Not Exempt From Securities Laws

ERISA lawyers know that employee benefit plans offered by state and local governments to their employees are not subject to ERISA, the federal law that generally governs benefit plans of private employers. However, other...more

8/22/2014 - Employee Benefits ERISA Securities State and Local Government

Oral COBRA Notice OK?

In a recent District Court opinion, a judge dismissed a COBRA claim against an employer based on the oral notice the employer gave a former employee of her right to continue coverage under COBRA. The court said that the...more

8/22/2014 - COBRA Employer Liability Issues Former Employee Notice Requirements Oral Communications

What Should the Trustee of a Private ESOP Do?

The Department of Labor (DOL) recently entered into an agreement with GreatBanc Trust Company settling claims relating to its service as trustee of an employee stock ownership plan (ESOP) holding stock of a private company....more

7/17/2014 - Appraisal Business Valuations DOL ESOP Fiduciary Duty Fiduciary Liability GreatBanc Settlement Trustees Valuation

Executive Briefing - May 2014

In This Issue: - ADA Reasonable Accommodation Requests: Avoid Rigid Policies and Consider Technology - IRS Issues Guidance on Qualified Plan Amendments Regarding Same Sex Spouses - OSHA to Refer Untimely...more

6/13/2014 - ADA Chief Compliance Officers Compliance Disability Employee Benefits Employee Rights IRS Marriage NLRA NLRB OSHA Qualified Health Plans Reasonable Accommodation Same-Sex Marriage

IRS Issues Guidance on Qualified Plan Amendments Regarding Same Sex Spouses

Employers have been considering the impact on benefit programs, including the qualified retirement plans, of the U.S. Supreme Court’s decision recognizing the validity of same sex marriages. In September, 2013, the IRS issued...more

6/12/2014 - DOMA Employee Benefits IRS Marriage Qualified Health Plans Same-Sex Marriage SCOTUS Tax Benefits US v Windsor

It is Always Good to Follow the Plan’s Claims Procedure in Denying a Claim – Part 2

Some months ago I blogged about an Eighth Circuit Court of Appeals decision involving high ranking executives participating in a company’s long term incentive plan where the executives won their suit under the plan, at least...more

6/10/2014 - Benefit Plan Sponsors Claims Procedures Compensation Committee Employer Liability Issues

Welfare Benefit Plan Might Not Be Required To Cover Same Sex Spouses

Much has been written about the impact of the Supreme Court’s decision last term declaring unconstitutional the provision of the Defense of Marriage Act (DOMA) that required federal law not to recognize same sex marriages....more

5/16/2014 - DOMA Employee Benefits Health and Welfare Plans Same-Sex Marriage SCOTUS US v Windsor

73 Results
|
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×