Eric Gregory

Eric Gregory

Dickinson Wright

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Employer Paid Individual Health Insurance Policies Create the Potential for Significant Penalties, But Limited Relief Is Available

Despite guidance from the Internal Revenue Service (“IRS”), the Department of Labor (“DOL”) and the Department of Health and Human Services (“HHS”) indicating the prohibition of the practice under the Affordable Care Act...more

5/29/2015 - Affordable Care Act DOL Employee Payment Plans (EPPs) Employer Group Health Plans Health Insurance HHS IRS Medical Reimbursement Penalties Popular S-Corporation SHOP Program

U.S. Supreme Court Decision on ERISA Fiduciary Duty Statute of Limitations Case Provides Broad Principle But Little Practical...

Last week the U.S. Supreme Court issued its opinion in Tibble v. Edison International, a highly anticipated case involving whether ERISA’s six year statute of limitations for breach of fiduciary duty claims prevented a claim...more

5/28/2015 - Breach of Duty Duty of Prudence Duty to Monitor ERISA Fiduciary Duty Investment Adviser SCOTUS Statute of Limitations Tibble v Edison Int

IRA “Charitable Rollover” Retroactively Extended Through 2014

Background - As a part of the so-called “Cromnibus” bill, Congress has extended dozens of expired “temporary” tax breaks for 2014. Included in that group is a rule that allows for tax-free treatment of certain...more

12/22/2014 - Charitable Donations IRA Required Minimum Distributions Tax Extenders

Deadline Approaching to Secure Health Plan Identifier (“HPID”)

Certain group health plans are required to obtain a 10-digit Health Plan Identifier ("HPID") from the Center for Medicare and Medicaid Services ("CMS") by November 5, 2014. Currently various users of the health care system...more

10/29/2014 - CMS FSA Healthcare HIPAA HPID HSA Medicaid Medicare

The Supreme Court Of The United States Holds That ESOP Fiduciaries Are Not Entitled To A Presumption Of Prudence, Clarifies...

On June 25, 2014, the Supreme Court of the United States unanimously held that there is no special presumption of prudence for fiduciaries of employee stock ownership plans (“ESOPs”). Fifth Third Bancorp v. Dudenhoeffer, No....more

7/7/2014 - ERISA ESOP FIfth Third Bancorp v Dudenhoeffer Fifth Third Mortgage Company SCOTUS Stock Drop Litigation US Bancorp

Michigan Enacts Changes To Administrative Tax Provisions Affecting Audits And Assessments

Michigan has enacted legislation that clarifies and streamlines a number of important tax administrative provisions. The changes affect the Department of Treasury’s ability to pursue and collect unpaid taxes from company...more

6/24/2014 - Audits Business Ownership Corporate Taxes New Legislation Officers Successors U.S. Treasury

The U.S. Supreme Court Holds That Inherited IRAs Are Not Exempt In Bankruptcy

On June 12, 2014, the United States Supreme Court unanimously held in Clark v. Rameker Trustee that funds in an individual retirement account (“IRA”) inherited from someone other than the bankrupt debtor’s spouse are not...more

6/18/2014 - Bankruptcy Code Clark v. Rameker Consumer Bankruptcy Creditors Estate Planning IRA IRC SCOTUS

IRS Issues Additional Guidance On The Treatment Of Same-Sex Spouses For Retirement Plan Purposes

IRS Notice 2014-19 provides long-awaited guidance on the application of the decision in United States v. Windsor to retirement plans qualified under Internal Revenue Code (“IRC”) Section 401(a). For tax-qualification...more

4/10/2014 - DOMA IRS Pension Plan Amendments Retirement Plan Same-Sex Marriage US v Windsor

IRS Announces Modification To “Use-It-Or-Lose-It” Rule For Health Care Flexible Spending Accounts

On October 31, 2013, the Internal Revenue Service (“IRS”) announced a modification to the “use-it-or-lose-it” rule that applies to health care Flexible Spending Arrangements (“FSAs”) under a cafeteria plan. Under the use...more

11/5/2013 - Carryover Basis Flexible Spending Accounts Healthcare IRS U.S. Treasury

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