Daniel R. Salemi

Daniel R. Salemi

Franczek Radelet P.C.

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Latest Publications


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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