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DOL’s New Cybersecurity Guidance

On April 14, 2021, the United States Department of Labor (the “DOL”) issued for the first time guidance to retirement plan sponsors, fiduciaries, record keepers, service providers and plan participants guidance on...more

COVID-19 and Employee Benefits #3: Considerations for Compensation Committees

Even as senior management rapidly shifts priorities in the face of layoffs, volatile stock prices and sharp declines in cash flow, compensation committees must come to terms with the impact of the coronavirus (COVID-19)...more

COVID-19 And Employee Benefit Plans, Part 2: CARES Act

The new Coronavirus Aid, Relief, and Economic Security Act (CARES Act), signed into law March 27, 2020, offers relief for employers and employees enduring the financial pressures of the coronavirus pandemic. Specific...more

IRS Updates Retirement Plan Correction Program

The Internal Revenue Service recently issued Revenue Procedure 2018-52 (the 2018 RP) to provide revised procedures for its Employee Plans Compliance Resolution System (EPCRS) — the system through which plan sponsors can...more

Cybersecurity & Retirement Plans

It seems that most employees and plan participants “think” their retirement money and data are not at risk. This is due, in part, because:- there are few published incidents of breaches or potential hacks...more

The New Tax Rules for Executive Compensation and Employee Benefits

On Dec. 22, President Trump signed into law the 2017 Tax Act, the most comprehensive set of changes to the Internal Revenue Code since 1986. Some of the changes affect executive compensation and employee benefits. Because...more

DOL Finalizes 18-Month Fiduciary Rule Delay, Extends Enforcement Policy

The Department of Labor (DOL) on Nov. 29 finalized additional delays to major aspects of its fiduciary rule by formally extending, by 18 months, certain transition period deadlines and applicability dates. Consequently, in...more

Major Impact on Employee Benefits

The House GOP tax reform bill introduced Nov. 2, 2017, would have a major impact on employee benefits, including executive compensation, qualified retirement plans, fringe benefits and tax-exempt organizations. If adopted,...more

DOL Issues Temporary Enforcement Policy for Fiduciary Rule

Last week, the Department of Labor (DOL) announced a temporary enforcement policy related to its recently proposed 60-day delay of the April 10, 2017 applicability date of its fiduciary conflict-of-interest rule and related...more

ERISA Advisory Council Issues 2016 Report on Benefit Plan Cybersecurity

“Cyber threats cannot be eliminated but they can be managed. Cyber experts say that it is not a question of if you will have a cyber-attack, rather it is a question of when. The next question is what you are going to do about...more

Retirement Plans Incur Data Breaches; ERISA Council Addresses Cyber Risks

Until relatively recently, retirement plans have not made the news as targets of data breaches. This is somewhat surprising, given the wealth of participants’ personal data stored online by these plans. This past summer,...more

DOL Issues First Wave of Fiduciary Rule Guidance

Last week, the U.S. Department of Labor (DOL) issued long-awaited guidance in the form of answers to 34 frequently asked questions (the FAQs) on its final rule (the Rule) for determining when a party is a fiduciary, by virtue...more

Supreme Court Rejects Yard-Man: Ordinary Contract Principles Apply When Interpreting Retiree Medical Promises

The Supreme Court has unanimously vacated a Sixth Circuit ruling that a collective bargaining agreement (CBA) vested retirees with lifetime medical benefits. M&G Polymers USA, LLC v. Tackett, No. 13-1010, 2015 U.S. LEXIS 759...more

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