Nancy Furney

Nancy Furney

Winstead PC

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“Call to Action” May Create Fiduciary Liability under ERISA

Traditional investment advisers, as well as broker-dealers, insurance brokers, banks, and employers, are abuzz with questions and concerns relating to the final regulation issued by the Department of Labor (DOL) on April 8,...more

6/6/2016 - Best Interest Standard Conflicts of Interest DOL ERISA Fiduciary Duty Final Rules FINRA Investment Adviser IRA Retirement Plan SEC

Simplified 401(k) Roth Rollover Rules Finalized

Final Roth Rollover Rules Retain Simplification of Prior Notice and Ease Rollovers for Participants with Both Roth and Pre-Tax Amounts in their 401(k) Plan Account - Prior to the proposed rules on Roth 401(k)...more

5/19/2016 - 401k Final Rules IRA Rollovers IRS Retirement Plan Providers Roth IRA

Important Information for 2015 Form 5500 Reporting: Pension Benefit Plans and Funded Welfare Benefit Plans

As you may know, there have been several new items added to the 2015 Form 5500 series. Specifically, these are: - ..Preparer Information at the bottom of page 1 of Form 5500 and Form 5500-SF ..Schedule H, Lines...more

5/6/2016 - Benefit Plan Sponsors Employee Benefits Form 5500 Health and Welfare Plans IRS Pensions

Employer Action Required Following Issuance of Final Rule

On April 8, 2016, the Department of Labor (DOL) released the much anticipated final regulation to broaden the scope of fiduciary status under the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal...more

4/21/2016 - Benefit Plan Sponsors Best Interest Contract Exemptions Best Interest Standard Conflicts of Interest DOL ERISA Fiduciary Duty Final Rules Investment Adviser IRA Participant-Directed Plans PTEs Retirement Plan Service Agreements

What Employer Shared Responsibility Does Not Say

So much energy has been spent on what the final regulations on the employer shared responsibility tax and the related final reporting regulations (the “ESRR”), that some of the most significant considerations have been missed...more

9/18/2014 - Benefit Plan Sponsors Employer Liability Issues Full-Time Employees Health Insurance Internal Revenue Code (IRC) IRS Medicare Popular Same-Sex Marriage Shared Responsibility Rule

The First Pieces of Health Reform's Pay or Play Penalty Puzzle

Early this week the Internal Revenue Service and Department of Treasury (the “IRS”) issued the first piece of the Affordable Care Act (“ACA”) penalty imposition jigsaw puzzle. It then followed up with 46 FAQs on the same...more

2/21/2014 - Affordable Care Act Employee Benefits Employer Mandates Healthcare IRS Pay or Play Shared Responsibility Rule

Another Benefits Grab Bag of Guidance and Reminders – Health and Retirement Plans

Preventive Care Expansion for Calendar Plan Year 2015 for Non-Grandfathered or Non-Exempt Plans - The preventive care coverage requirements were updated in September 2013 to include a requirement that there must be...more

1/24/2014 - Employee Benefits Expatriates Healthcare Preventive Health Care Qualified Health Plans Retirement Plan Wellness Programs

Year-End Health and Retirement Plan Guidance Grab Bag

Following Hawaii’s enactment of legislation recognizing same-sex marriage as of and after December 2, 2013 a number of additional pieces of guidance were also issued. Internal Revenue Service’s Frequently Asked Questions...more

12/26/2013 - Affordable Care Act Anti-Kickback Statute Cafeteria Plans Employer Group Health Plans ERISA FICA Taxes Flexible Spending Accounts FSA HSA IRS Medicare Taxes PBGC Retirement Plan Roth Conversions Same-Sex Marriage Year-End Planning Year-End Tax Planning

Beneficiary Designations and Spouse Definitions Need to be Updated - 16th State Approves Same Sex Marriage While 3rd Circuit...

Yesterday Hawaii adopted the Hawaii Marriage Equity Act of 2013 recognizing same sex marriages as of December 2, 2013 and permitting persons in civil unions in Hawaii to apply to be married without first requiring dissolution...more

12/4/2013 - Beneficiaries Civil Unions COBRA Employee Benefits Marriage Marriage Equality Same-Sex Marriage Tax Benefits

Expanded Final Mental Health Parity and Addiction Equity Act Regulations Require Plan Sponsor Consideration Early in 2014 for 2015...

The final Mental Health Parity and Addiction Equity Act regulations (“MHPAEA Regs”) were released late last week and apply to the first plan year beginning on or after July 1, 2014 (for calendar year plans on January 1,...more

11/15/2013 - Healthcare Mental Health Parity Rule MHPAEA

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