Mark Weisberg

Mark Weisberg

Thompson Coburn LLP

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Proposed Bankruptcy Fairness and Employee Benefits Protection Act of 2014 would place significant restrictions on employers in...

Legislation recently introduced in the Senate would place many restrictions on the ability of a corporation navigating bankruptcy to change the compensation and benefits of employees and retirees. The bill would also create a...more

10/22/2014 - Chapter 11 Commercial Bankruptcy Employee Benefits ERISA Wage and Hour Wages

IRS Guidance on the Application of the Affordable Care Act’s Market Reform Provisions to HRAs and FSAs

The Internal Revenue Service (IRS) recently published guidance in Notice 2013-54 (the “Notice”) on the application of certain market reform provisions of the Affordable Care Act to Health Reimbursement Accounts (“HRAs”),...more

9/4/2014 - Affordable Care Act DOL FSA Healthcare Healthcare Reform HHS HRA IRS

PBGC Publishes Final Regulations on the Phase-In Period for Guarantee of Benefits for an Unpredictable Contingent Event

The Pension Benefit Guarantee Corporation (“PBGC”) recently published final regulations related to the phase-in period for its guarantee of benefits that are contingent upon the occurrence of an “unpredictable contingent...more

8/26/2014 - Employee Benefits Employee Rights Employer Liability Issues ERISA Final Rules Pensions Title IV

Health care reform reporting requirements: Final rules

The Patient Protection and Affordable Care Act (PPACA) contains requirements for both individuals and employers related to health care coverage. In order to assure compliance with certain of these requirements, PPACA requires...more

6/9/2014 - Affordable Care Act Employee Benefits Employer Group Health Plans Employer Mandates Healthcare Healthcare Reform IRS Minimum Essential Coverage Popular SHOP Program

Full disclosure: A practical guide for the HR professional when preparing the retirement plan portions of a proxy statement

In 2006, the SEC adopted rules which created the Pension Benefits Table and Nonqualified Deferred Compensation Table to supplement the Summary Compensation Table. The tables mandate certain specific disclosures with respect...more

6/9/2014 - Benefit Plan Sponsors Board of Directors Corporate Governance Defined Benefit Plans Defined Contribution Plans Disclosure Requirements Employee Benefits Employer Liability Issues Pensions Proxy Statements Retirement Plan SEC

IRS updates determination letter request forms

In December of 2013, the IRS released new final versions of the Form 5300 and the Form 5310, forms which are used by individually designed retirement plans to request a determination as to the plan’s tax qualification status....more

6/9/2014 - Benefit Plan Sponsors Employer Mandates Form 5300 Form 5310 IRS Qualified Retirement Plans Retirement Plan

Private sector pension de-risking and participant protections

On Nov. 5, 2013, the ERISA Advisory Council submitted findings and recommendations on pension de-risking to the Secretary of Labor. Pension de-risking transactions have received a lot of attention lately, both in the media...more

3/31/2014 - Employee Benefits ERISA Pensions

SEC proposed rules on CEO pay ratios: What employer benefits professionals need to know

On Sept. 18, 2013, the Securities Exchange Commission (“SEC”) issued long-awaited (and controversial) proposed rules regarding the disclosure of what is commonly referred to as the “CEO pay ratio.” This disclosure, which is...more

1/17/2014 - C-Suite Executives CEOs Compliance Dodd-Frank Executive Compensation Pay Ratio SEC

IRS Provides Some Guidance on Federal Tax Matters for Same-Sex Marriage

Earlier this year, in the case of U.S. v. Windsor, the US Supreme Court struck down Section 3 of the Defense of Marriage Act (DOMA). Under Section 3 of DOMA, the definitions of "marriage" and "spouse" had been limited to a...more

12/9/2013 - DOMA Equal Protection Fifth Amendment Income Taxes IRS Marriage Same-Sex Marriage SCOTUS Tax Benefits US v Windsor

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