Diane M. Morgenthaler

Diane M. Morgenthaler

McDermott Will & Emery

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Latest Publications


IRS Announces Employee Benefit Plan Limits for 2016

Recently the Internal Revenue Service (IRS) and the Social Security Administration announced the cost-of-living adjustments to the applicable dollar limits on various employer-sponsored retirement and welfare plans and the...more

10/23/2015 - Benefit Plan Sponsors COLA Cost-of-Living Employee Benefits Health and Welfare Plans Health Plan Sponsors IRS Retirement Plan Social Security Administration (SSA) Summary Plan Description

DOL Provides Greater Flexibility for Distribution of Annual Participant Fee Disclosure Effective Immediately

The U.S. Department of Labor (DOL) recently issued guidance providing defined contribution plan administrators with additional flexibility on the timing requirements for distribution of the required annual fee disclosure to...more

4/21/2015 - 401k Benefit Plan Sponsors Defined Contribution Plans DOL Fee Disclosure New Guidance

Supreme Court Rejects Sixth Circuit’s Yard-Man Inferences in M&G Polymers USA, LLC v. Tackett

In M&G Polymers USA, LLC v. Tackett, 135 S. Ct. 935 (2015), the Supreme Court of the United States addressed the interpretation of collective bargaining agreements (CBAs) that include post-retirement welfare benefits, such as...more

2/19/2015 - CBAs Employer Group Health Plans Employer Healthcare Costs Health Insurance M&G Polymers v Tackett Retirement SCOTUS Vested Benefits Yard Man

New IRS Rules on Direct Rollovers of Taxable and Non-Taxable Amounts Require Changes to Defined Contribution Plan Administration...

The Internal Revenue Service (IRS) recently released guidance allowing participants to allocate the taxable and non-taxable portions of a single distribution from a defined contribution retirement plan into separate accounts....more

11/13/2014 - Defined Contribution Plans Distribution Rules IRS Retirement Plan

June 30 Deadline Approaches for Mandatory E-File FBAR Reporting

2014 presents particular challenges with respect to FBAR, the Report of Foreign Bank and Financial Accounts, for certain U.S. persons with interests in or signature authority over assets exceeding $10,000 held outside the...more

6/25/2014 - Bank Secrecy Act E-Filing FBAR FinCEN Foreign Banks Income Taxes IRS

View From McDermott: Expanded In-Plan Conversion Opportunities Will Boost Roth 401(k) Balances

The number of defined contribution plans (including 401(k), 403(b) or 457(b) plans) with a Roth feature has grown significantly in recent years. Roth 401(k) is gaining popularity due in part to tax hedging or tax...more

4/10/2014 - 401k Income Taxes IRA Roth Conversions

IRS Announces Employee Benefit Plan Limits for 2014

The Internal Revenue Service (IRS) recently announced cost-of-living adjustments to the applicable dollar limits on various employer-sponsored retirement and welfare plans for 2014. Although many dollar limits currently in...more

11/1/2013 - 401k COLA Cost-of-Living Employee Benefits HSA IRS Retirement Plan

IRS Guidance Favorably Modifies Voluntary Worker Classification Settlement Program

One year ago the Internal Revenue Service (IRS) published Announcement 2011-64, which provided a Voluntary Classification Settlement Program (VCSP) for employers to treat their workers as common law employees rather than...more

1/5/2013 - Classification Independent Contractors IRS VCSP

2013 Expiring and Changing Employee Tax Provisions

With the fiscal cliff approaching in 2013, several favorable tax provisions affecting individuals and businesses are set to expire. Given this uncertainty, employers must prepare for changing payroll taxes and new limits on...more

11/28/2012 - 3.8% Medicare Tax Adoption Affordable Care Act Fiscal Cliff Flexible Spending Accounts Payroll Taxes

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