Brian Tiemann

Brian Tiemann

McDermott Will & Emery

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Developments Impacting Benefits for Same-Sex Spouses

As federal and state agencies and courts further examine the implications of the Supreme Court of the United States’ ruling on same-sex marriage in U.S. v. Windsor, the laws and regulations governing employee benefits for...more

8/29/2014 - DOMA Employee Benefits Employee Rights Employer Liability Issues ERISA FMLA Same-Sex Marriage SCOTUS US v Windsor Wage and Hour

IRS Rules Captive Reinsurance Arrangement Involving Retiree Medical Benefits Qualifies as Insurance for Federal Tax Purposes

On May 18, 2014, the Internal Revenue Service (IRS) ruled that an employer’s wholly owned captive insurance subsidiary could reinsure the employer’s retiree medical benefit risks and still qualify as insurance for federal tax...more

6/2/2014 - Captive Insurance Company Healthcare IRS Medical Benefits Reinsurance Retirement

IRS Guidance Clarifies Retroactive Retirement Plan Impact of Supreme Court’s Windsor Ruling

The Internal Revenue Service issued Notice 2014-19 and a set of Frequently Asked Questions on April 4, 2014, clarifying certain retroactive retirement plan implications of the Supreme Court’s Windsor ruling. The guidance...more

4/10/2014 - IRS Retirement Plan Same-Sex Marriage

HHS Guidance Clarifies that Insurance Companies Must Make Available Health Insurance Coverage for Same-Sex Spouses

On March 14, 2014, the Department of Health and Human Services (HHS) Centers for Medicare & Medicaid Services (CMS) released guidance clarifying the final regulations implementing Section 2702 of the Public Health Service Act...more

4/2/2014 - CMS Healthcare HHS Marriage PHSA Same-Sex Marriage

Same-Sex Marriage in Illinois

With same-sex marriages to begin in the state of Illinois next year, employers should expect an increase in requests for spousal benefit coverage from employees who have legally married their same-sex partners. The new law...more

11/12/2013 - DOMA Employee Benefits Marriage Same-Sex Marriage SCOTUS US v Windsor

New California Law Affects State Taxation of Employer Tax Gross-Ups for Domestic Partners

The California state legislature recently enacted a law that may affect the taxation of benefits an employer provides to same-sex domestic partners in the state. California AB 362 excludes from gross income for California...more

10/30/2013 - DOMA Domestic Partnership Income Taxes Same-Sex Marriage SCOTUS State Taxes Tax Benefits US v Windsor

IRS Guidance on Employment and Income Tax Refunds on Same-Sex Spouse Benefits

Employers extending benefit coverage to employees’ same-sex spouses and partners should review their payroll procedures to ensure that such coverages are properly taxed for federal income and FICA tax purposes. Employers...more

10/17/2013 - DOMA Employee Benefits FICA Taxes Income Taxes IRS Same-Sex Marriage SCOTUS Tax Refunds US v Windsor

IRS and DOL Guidance Clarifies Employee Benefits Impact of Supreme Court’s DOMA Ruling

Recent guidance issued by the U.S. Department of the Treasury, the Internal Revenue Service (IRS) and the Employee Benefits Security Administration (EBSA) division of the U.S. Department of Labor (DOL) provides some initial...more

10/1/2013 - Defined Benefit Plans Defined Contribution Plans DOL DOMA EBSA Employee Benefits ERISA FMLA Healthcare IRS Retirement Plan Same-Sex Marriage SCOTUS State of Celebration US v Windsor

Treasury Department & IRS Issue DOMA Guidance —Adopt a “State of Celebration” Approach

In Internal Revenue Service (IRS) Revenue Ruling 2013-17, the U.S. Department of the Treasury and the IRS on August 29, 2013, ruled that legally married same-sex couples will be treated as married for federal tax purposes. ...more

9/3/2013 - DOMA IRS Marriage Same-Sex Marriage SCOTUS Tax Benefits U.S. Treasury US v Windsor

Supreme Court Ruling on DOMA Could Lead to Refunds of Federal Taxes

Employers providing benefits for employees' same-sex spouses may want to consider the availability of federal payroll tax refunds if the Supreme Court of the United States finds Section 3 of the Defense of Marriage Act (DOMA)...more

6/12/2013 - DOMA Employee Benefits Income Taxes Payroll Taxes Same-Sex Marriage SCOTUS Tax Refunds

Supreme Court Oral Arguments on DOMA, Proposition 8: Potential Employee Benefit Plan Implications

On March 26 and 27, 2013, the Supreme Court of the United States heard oral arguments in cases challenging the constitutionality of the federal Defense of Marriage Act (DOMA) and California’s Proposition 8. A Supreme Court...more

5/7/2013 - DOMA Employee Benefits Hollingsworth v Perry Proposition 8 Same-Sex Marriage SCOTUS Standing US v Windsor

Employers Should Review How Plan Documents Define Spouse in Light of Recent Benefits Litigation

Two recent cases challenging benefit eligibility for same-sex spouses highlight the need for employer-sponsored retirement and welfare plans to clearly define "spouse" for eligibility purposes. Employers may want to review...more

4/30/2013 - DOMA Eligibility Employee Benefits ERISA Same-Sex Marriage

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