Angela Bohmann

Angela Bohmann

Stinson Leonard Street

Contact  |  View Bio  |  RSS

Latest Publications

Share:

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

Can A Failure To Hire Violate ERISA?

A recent decision of the federal district court for the southern district of Ohio raises interesting questions under Employee Retirement Income Security Act of 1974 (ERISA) that might also affect employer liability under the...more

5/14/2014 - ADA Affordable Care Act Age Discrimination Disability Discrimination Employee Rights Employer Group Health Plans Employer Liability Issues ERISA Full-Time Employees Hiring & Firing

QDROs For Unmarried Cohabitants?

Sponsors of qualified retirement plans know that, generally speaking, plan benefits cannot be taken from a participant through legal process or otherwise be assigned to anyone other than the participant. There is an exception...more

5/12/2014 - Cohabitation Agreements Dependents Divorce IRS Marital Assets Multiemployer Plan QDRO Qualified Retirement Plans

Even A Tax Lawyer Can Get The IRA Rollover Rules Wrong – Part 3

I blogged recently about a tax court case in which a tax attorney failed to follow the strict rules for IRA rollovers and wound up with a large tax bill. I made the point in the blog that the position taken by the tax...more

5/7/2014

Government Publications On 401(k) Plans May Be Of Interest

The IRS and Department of Labor issue a number of publications on different topics, including 401(k) plans. The IRS has posted on its website a couple of jointly issued publications directed at small employers who sponsor or...more

5/1/2014 - 401k IRS

Even A Tax Lawyer Can Get The IRA Rollover Rules Wrong – Part 2

I blogged recently about a tax court decision where a tax lawyer flubbed an IRA rollover, resulting in adverse tax consequences to him and his wife. An interesting aspect of the case – but one not mentioned in the decision –...more

4/1/2014 - IRA IRA Rollovers IRS

IRS Wins One At Supreme Court: Severance Pay Is Subject To FICA Tax

I blogged about the Quality Stores decision which at the district court and court of appeals levels held that certain severance payments were not subject to FICA (Social Security) taxes. The IRS had challenged the employer in...more

4/1/2014 - FICA Taxes Quality Stores SCOTUS Severance Pay Unemployment Benefits

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

ACA Pay Or Play: Is Your Dependent Coverage Compliant?

Now that the IRS has issued final regulations under Section 4980H, the so-called “pay or play” provision of the Affordable Care Act, employers are deciding how to determine whether employees are full-time (30 hours or more a...more

3/25/2014 - Affordable Care Act Dependent Coverage Foster Children Full-Time Employees Health Insurance IRS Minimum Essential Coverage Pay or Play Penalties Stepchildren

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

53 Results
|
View per page
Page: of 3