Damian Myers

Damian Myers

Proskauer Rose LLP

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New IRS Guidance on 40% Excise Tax Previews Future Regulatory Complexity

Although public opposition to the 40% excise tax on high-cost health care is rapidly growing, the IRS continued to develop a regulatory framework for administration of the excise tax through its issuance of Notice 2015-52 on...more

8/3/2015 - Affordable Care Act Comment Period Employer Liability Issues Excise Tax Flexible Spending Accounts Health Insurance Health Savings Accounts Healthcare Income Taxes IRS New Guidance Plan Administrators

ACA Reporting Update: New Forms, Higher Penalties & Other Guidance

With the impending deadline early next year, most applicable large employers are (or should be) in the process of gearing up for what is perhaps the biggest Affordable Care Act (“ACA”) compliance challenge this year — the...more

7/29/2015 - Affordable Care Act COBRA Corporate Counsel Employer Liability Issues Employer Mandates Filing Deadlines IRS New Legislation Reporting Requirements Tax Penalties Trade Preferences Extension Act (TPEA)

King v. Burwell – Supreme Court Upholds Premium Subsidies under Federally-Run Marketplaces; ACA Remains (Mostly) Unfazed

On June 25, 2015, the United States Supreme Court released its much anticipated King v. Burwell decision regarding the validity of premium assistance issued by Federally-run Marketplaces. Chief Justice Roberts, writing for...more

6/27/2015 - Affordable Care Act Health Insurance Health Insurance Exchanges Healthcare IRS King v Burwell Public Health Insurance Marketplace SCOTUS State Health Insurance Exchanges Subsidies

The ERISA Litigation Newsletter - May 2015

Editor's Overview - This month we focus on the EEOC's proposed rules concerning wellness programs. As our colleague, Amy Covert, discusses, a recent change of position by the EEOC provides employers with opportunities...more

5/22/2015 - ADA Affordable Care Act Best Management Practices DOL EEOC Employer Group Health Plans EPCRS ERISA HIPAA Incentives Voluntary Participation Wellness Programs

EEOC’s Proposed Wellness Regulations Add Burdensome Notice Requirement; Still Prohibit Mandatory HRAs

On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) released proposed regulations covering wellness programs that involve disability-related inquiries or medical examinations....more

4/29/2015 - ADA Affordable Care Act Disability Discrimination EEOC Employer Group Health Plans ERISA Health Insurance Notice Requirements Proposed Regulation Wellness Programs

The ERISA Litigation Newsletter - April 2015

Editor's Overview - In this month's Newsletter, Robert Rachal discusses recent "church plan" rulings where some federal judges have declined to give deference to long-standing, consistent guidance from the Internal...more

4/24/2015 - Breach of Duty Churches CIGNA Cost-Sharing ERISA Health Insurance Hospitals IRC IRS Religious Institutions Standing

IRS Relaxes Correction Requirements for Elective Deferral (But Not After-Tax Contribution) Failures under EPCRS

Less than a week after issuing significant modifications to the Employee Plans Compliance Resolution System (EPCRS) (as described in our March 31, 2015 blog), the Internal Revenue Service (IRS) further modified EPCRS through...more

4/7/2015 - Benefit Plan Sponsors EPCRS IRS New Guidance Safe Harbors

IRS Modifies EPCRS Guidelines, Requests Comments on Overpayment Correction

On March 27, 2015, the Internal Revenue Service (IRS) released Revenue Procedure 2015-27, which modifies, effective July 1, 2015, prior guidelines under the Employee Plans Compliance Resolution System (EPCRS). The IRS...more

4/1/2015 - Benefit Plan Sponsors EPCRS IRS Revenue Procedure 2015-27 Tax Qualified Retirement Plans

The ERISA Litigation Newsletter - March 2015

Editor's Overview - This month's newsletter discusses how to avoid liability under ERISA through plan design, including statute of limitations provisions, venue provisions, and anti-assignment provisions. Courts have...more

3/31/2015 - Benefit Plan Sponsors Choice-of-Venue COBRA Contract Drafting Contract Terms DOL Employer Liability Issues ERISA Health Insurance Statute of Limitations

IRS Releases Final Forms and Instructions for Affordable Care Act Reporting

In February 2015, the IRS released final forms and instructions related to information reporting under the Affordable Care Act (the "ACA"). These forms include Form 1095-B, Health Coverage, Form 1094-B, Transmittal of Health...more

3/23/2015 - Affordable Care Act Employer Group Health Plans Employer Mandates Reporting Requirements Required Forms

New HHS Regulations “Clarify” that Health Plans Covering Families Must Have “Embedded” Individual Cost-Sharing Limits

On February 27, 2015, the Department of Health and Human Services (HHS) released its final HHS Notice of Benefit and Payment Parameters for 2016. The lengthy regulation covers a wide range of topics affecting group health...more

3/19/2015 - Affordable Care Act Cost-Sharing Employer Group Health Plans Health Insurance HHS

White House Budget Recommends Elimination of in-Plan Roth Rollovers of After-Tax Contributions

As reported, the Internal Revenue Code currently permits a plan design that allows plan participants to convert non-Roth after-tax contributions to Roth contributions through in-plan Roth rollovers. This design would allow a...more

2/27/2015 - Defined Contribution Plans Employee Benefits IRA Rollovers IRC Roth Conversions

IRS Clarifies Prior Guidance on Premium Reimbursement Arrangements; Provides Limited Relief

Continuing its focus on so-called “premium reimbursement” or “employer payment plans”, the Internal Revenue Service (IRS) released IRS Notice 2015-17 on February 18, 2015. In this Notice, which was previewed and approved by...more

2/24/2015 - Affordable Care Act DOL Employer Group Health Plans ERISA Health Insurance IRS Medicare S-Corporation Small Business TRICARE

The ERISA Litigation Newsletter - February 2015

The Supreme Court cast a ray of sunlight for employers by rejecting the use of a problematic inference in adjudicating claims for retiree benefits brought pursuant to collective bargaining agreements. For many years, the...more

2/17/2015 - Employer Group Health Plans Employer Healthcare Costs Health Insurance M&G Polymers v Tackett Retirement SCOTUS Vested Benefits Yard Man

In-Plan Roth Rollovers and After-Tax Contributions: Maximizing Deferrals with Limited Future Tax Liability

Plan sponsors seeking to provide employees with the ability to make after-tax contributions to a 401(k) plan may be interested in adding, along with the common Roth contribution feature, non-Roth after-tax contribution and...more

1/9/2015 - 401k Benefit Plan Sponsors IRA Rollovers Roth Conversions Roth IRA

The ERISA Litigation Newsletter - December 2014

This month's newsletter focuses on how Plan Trustees can appropriately settle ERISA breach of fiduciary duty claims in order to achieve "complete peace." The article provides a check list and discusses strategies for handling...more

12/23/2014 - Benefit Plan Sponsors Breach of Duty ERISA Fiduciary Duty Plan Administrators

New Agency FAQs Drive a Stake Further into the Heart of Premium Reimbursement Arrangements and Eliminate a Common Executive Perk

In clear and unambiguous terms, the U.S. Departments of Labor (“DOL”) and Health and Human Services and the Internal Revenue Service (“IRS”) (the “Agencies”) drove a stake into the heart of two suspect health insurance...more

11/10/2014 - Affordable Care Act DOL Employer Liability Issues Employer Mandates Health Insurance HHS IRS Reimbursements

New Guidance on COBRA and ACA Marketplace Coverage: The Gap in Coverage is (Not Quite) Filled

There has been much confusion and concern about the interplay between the COBRA continuation coverage rules and the new Health Insurance Marketplace established under the Affordable Care Act (the “Marketplace”). One important...more

5/8/2014 - Affordable Care Act Benefit Plan Sponsors CMS COBRA DOL Employee Benefits Employer Mandates Guidance Update Health Insurance Exchanges Health Plan Sponsors Healthcare Plan Administrators

The ERISA Litigation Newsletter - March 2014

Our first article this month addresses the treatment of the attorney-client privilege in employee benefits matters. Pursuant to the so-called "fiduciary exception," communications between an attorney and a plan fiduciary are...more

3/12/2014 - Attorney-Client Privilege Confidential Communications ERISA Fiduciary Duty Legal Advice Privilege

“Pay-or-Play” & Contingent Workers: Final Regulations Provide Clarity But Not Complete Relief

As previously reported, on February 10, 2014, the IRS issued final regulations on the Affordable Care Act’s (ACA) employer shared responsibility requirements—the so-called “pay-or-play” mandate. In the regulations, the IRS...more

2/18/2014 - Affordable Care Act Employee Benefits Employer Mandates Healthcare IRS Pay or Play Shared Responsibility Rule

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