Damian Myers

Damian Myers

Proskauer Rose LLP

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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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