Daniel R. Salemi

Daniel R. Salemi

Franczek Radelet P.C.

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Student Health Insurance Plans and the ACA: Agencies Provide Enforcement Relief that Allows Colleges and Universities to Continue...

Late last week, the Departments of Labor (“DOL”), Health and Human Services (“HHS”) and the Treasury (collectively, the “Agencies”) issued a very welcome FAQ that will allow higher education institutions to continue...more

10/25/2016 - Affordable Care Act Colleges DOL Educational Institutions Graduate Students Health Insurance Healthcare HHS Student Employees U.S. Treasury Universities

Multiple Universities Sued Over 403(b) Retirement Plan Investment Fees

In the last several days, a number of large private universities have been sued regarding the investment fees in their 403(b) retirement plans. The lawsuits claim that these universities breached their fiduciary duties under...more

8/22/2016 - 403(b) Plans Breach of Duty Class Action Colleges Educational Institutions Employee Benefits ERISA Fees Fiduciary Duty Investment Management Medical School Retirement Plan Universities

U.S. Department of Labor Issues Final Rule Redefining ERISA’s Definition of “Fiduciary” for Certain Types of Investment Advice

On April 6th, the U.S. Department of Labor (DOL) released a final rule (the “Fiduciary Rule”) that expands the types of retirement investment advice that will be subject to the fiduciary duty rules of the Employee Retirement...more

4/27/2016 - Benefit Plan Sponsors Best Interest Contract Exemptions DOL ERISA Fiduciary Duty Investment Adviser Popular Retirement Plan

Illinois Supreme Court Strikes Down City of Chicago Pension Reform Legislation

Late last week, in Jones et al v. Municipal Employees’ Annuity and Benefit Fund of Chicago et al (“Jones”), the Illinois Supreme Court struck down Public Act 98-641, which aimed to shore up two ailing Chicago pension funds. ...more

3/29/2016 - Employee Benefits Employee Contributions IL Supreme Court Municipal Employees Pension Reform Pensions Popular Retirement Unions

Agencies Confirm that Certain Student Health Insurance Subsidies for Student Employees May Violate the Affordable Care Act

Colleges and universities often offer to subsidize the cost of health coverage for student employees, either through the purchase of an individual health insurance policy or through a “premium reduction arrangement” designed...more

2/17/2016 - Affordable Care Act Colleges DOL Health Insurance HHS IRS Popular Student Employees Universities

ACA’s “Cadillac Tax” Delayed for Two Years to 2020

Last week, Congress approved a provision in an omnibus spending/budget bill that will delay for two years the Affordable Care Act’s “Cadillac tax,” the controversial 40% tax on high value health coverage. The tax, described...more

12/21/2015 - Affordable Care Act Cadillac Tax Health Insurance Popular Tax Deductions

DOL Issues Guidance on the Application of ERISA to State-Sponsored Retirement Programs for Private Sector Employees

After a recent flurry of activity in state legislatures regarding state mandated automatic savings programs, the Department of Labor (“DOL”) has issued (1) a proposed regulation, and (2) interpretive guidance that addresses...more

12/8/2015 - DOL Employee Benefits ERISA Pensions Popular Retirement Plan Safe Harbors

Recent Seventh Circuit Decision Finds That Multiemployer Pension Withdrawal Liability Can Automatically Transfer to Asset...

In a recent decision that has important implications for purchasers of assets that come with a multiemployer union pension plan, the U.S. Court of Appeals for the Seventh Circuit held in Tsareff v. ManWeb Services, Inc., 794...more

10/28/2015 - Asset Purchaser Due Diligence ERISA Multiemployer Plan Pensions Purchase Agreement Retirement Retirement Plan Successor Liability Unions Withdrawal Liability

Central States Pension Fund Submits ‘Rescue Plan’ Seeking Approval to Reduce Benefits

On September 25, the Central States Pension Fund (one of the largest multiemployer/union pension funds in the country) submitted to the U.S. Department of Treasury a proposed “rescue plan,” which would allow the fund to...more

10/12/2015 - Central States Collective Bargaining Early Retirement Employee Benefits Insolvency MPRA Multi-Employer Pensions PBGC Pension Funds Pensions Popular U.S. Treasury UPS Withdrawal Liability

IRS to Prohibit Lump-Sum Cashout Windows for Pension Plan Retirees

Yesterday, the IRS issued Notice 2015-49, which abruptly announced the IRS’s intention to prohibit lump-sum cashout windows for pension plan retirees already in pay status. In recent years, many pension plan sponsors have...more

7/10/2015 - Beneficiaries Internal Revenue Code (IRC) IRS Lump Sum Offers Pensions

U.S. Supreme Court Rules that States Must Permit and Recognize Same-Sex Marriage

On June 26th, the United States Supreme Court ruled in Obergefell v. Hodges that the Fourteenth Amendment of the United States Constitution requires every state to issue marriage licenses to same-sex couples. In a 5-4...more

6/30/2015 - Benefit Plan Sponsors Equal Protection Fourteenth Amendment Health Insurance Marriage Marriage Equality Obergefell v. Hodges Same-Sex Marriage SCOTUS

U.S. Supreme Court Upholds Affordable Care Act Subsidies

Today, in King v. Burwell, the United States Supreme Court held that subsidies for coverage under all marketplace health exchanges pursuant to the Patient Protection and Affordable Care Act (the “ACA”) remain available. ...more

6/25/2015 - Affordable Care Act Compliance Health Insurance Health Insurance Exchanges Healthcare King v Burwell Public Health Insurance Marketplace SCOTUS

Supreme Court Reverses the Sixth Circuit’s Yard-Man Presumption

For the past quarter century, because of conflicting legal authority, employers who offer health care to their retirees, particularly in a unionized setting, have struggled to determine whether they can alter those benefits....more

2/3/2015 - CBAs Employer Group Health Plans Employer Healthcare Costs Health Insurance M&G Polymers v Tackett Retirement SCOTUS Vested Benefits Yard Man

Monthly Benefits Update

Health & Welfare Plans - July 1 Deadline to Begin Measuring Employee Hours for ACA Employer Mandate/“Pay or Play” - As we have discussed in many previous alerts, the Affordable Care Act’s employer shared...more

6/3/2014 - Affordable Care Act COBRA DOL Employee Benefits Employer Mandates Health and Welfare Plans Healthcare IRS Pay or Play

IRS Issues Final Affordable Care Act “Pay Or Play” Regulations

On Monday, the IRS issued final regulations regarding the implementation of the employer shared responsibility provisions under the Affordable Care Act (the ACA), otherwise known as the “pay or play” rules. The final...more

2/17/2014 - Affordable Care Act Delays Employee Benefits Employer Mandates Healthcare IRS Pay or Play Shared Responsibility Rule

Monthly Benefits Update - December 2013

The following are the most significant employee benefits-related legal developments that occurred in December of 2013. At the beginning of 2013, after considering feedback from our clients and contacts who work in the...more

1/7/2014 - Discrimination DOMA Employee Benefits Flexible Spending Accounts Health and Welfare Plans HSA IRS Retirement Plan Same-Sex Marriage SCOTUS US v Windsor

Monthly Benefits Update - March 2013

Health Care Reform: Agencies Issue Proposed Regulations on 90-Day Waiting Period Limitation - On March 21, the IRS, DOL, and Department of Health and Human Services issued proposed regulations on the 90-day waiting...more

4/1/2013 - 401k Affordable Care Act Colleges DOL Employer Group Health Plans ERISA Fiduciary Duty Healthcare HHS IRS Pay or Play Reporting Requirements Statutory Waiting Period Universities

Monthly Benefits Update - January 2013

In This Issue: - Health & Welfare Plans ..Health Care Reform: IRS Issues Proposed “Pay or Play” Regulations ..Health Care Reform: IRS Issues FAQs on Various ACA Issues ..HHS Issues Final HIPAA Regulations...more

2/4/2013 - Affordable Care Act Defined Benefit Plans Delinquent Filer Voluntary Compliance DOL Employee Benefits ERISA Full-Time Employees GINA HIPAA HITECH IRS Pay or Play Reporting Requirements Retirement Roth Conversions Shared Responsibility Rule Transit Benefits Voluntary Correction Program

Health Care Reform: Details Regarding Significant New Fee Payable By Health Plan Sponsors Beginning In 2014

Although it has not been well publicized, a significant new fee on sponsors of group health plans is scheduled to go into effect in 2014 under the Patient Protection and Affordable Care Act (“Affordable Care Act”). Earlier...more

12/20/2012 - Affordable Care Act Health Insurance Health Plan Sponsors HHS

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