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Excessive Fees or Incessant Litigation – Time for Legislative and Employer Action on Retirement Plans!

Commonly referred to as "excessive fee" litigation, class actions that allege retirement plan investments charge too much and earn too little have increased over the past two decades. Excessive fee cases are difficult to...more

Who is Caring for WA Cares? Part 3: Unconstitutional Income Tax or Excise Tax?

Constitutional question follows the Washington Supreme Court's recent capital gains decision - As discussed in Parts 1 and 2 of our advisory series, Washington State's Long-Term Services and Supports Trust Program ("WA...more

Who is Caring for WA Cares? Benefit or Burden?

As discussed in Part 1 of our advisory series, withholdings for Washington State's Long-Term Services and Supports Trust Program ("WA Cares") tax are scheduled to begin July 1, 2023. In Part 2, we ask the hard questions about...more

Who is Caring for WA Cares? Part 1: Deductions to Start July 1, 2023

As discussed in prior advisories, following a class action lawsuit challenging Washington State's Long-Term Services and Supports Trust Program (now called "WA Cares") and legislative changes and delays, WA Cares is again set...more

SECURE 2.0: New Year, New Rules For Retirement Plans

SECURE 2.0 became law on December 29, 2022. It has something for all retirement plans, and its provisions should be reviewed by all retirement plan sponsors. It aims to increase retirement savings and expand retirement...more

Post-Dobbs Benefit Options and Considerations

On June 24, 2022, the U.S. Supreme Court issued its decision in Dobbs v. Jackson Women's Health Organization, which overturned Roe v. Wade, thereby holding that the U.S. Constitution does not expressly or implicitly protect...more

WA Cares Act Update: Federal Court Dismisses Lawsuit, Holding Premiums Are State Taxes and Case Must Be Litigated in State Court

On April 25, 2022, Judge Thomas Zilly of the U.S. District Court for the Western District of Washington dismissed a class action lawsuit that had been filed in federal court by DWT on behalf of employers and employees...more

Important Update—Should Employers Withhold WA Cares Fund Premiums Starting January 1?

This is an updated version of a previous blog we published on statements issued by Washington Governor Jay Inslee and the legislature regarding the WA Cares Fund. On December 17, 2021, Washington Governor Jay Inslee and the...more

Governor Inslee Postpones Collection of the WA Cares Fund Premium: Lawsuit and Postponement May Signal Repeal

On Friday, December 17, 2021, following pressure from the state Democratic leadership, Washington State employees, and the recent lawsuit filed by Davis Wright Tremaine LLP, Pacific Bells, et. al. v. Inslee, Governor Inslee...more

UPDATE: Not Aware of the Washington State Long-Term Care Program? – Employers Take Notice and Act Quickly

Update April 16, 2021: Employees now have until November 1, 2021, to purchase long-term care insurance if they wish to opt out of the Washington State Long-Term Care Program. On April 14, 2021, the House passed an amendment...more

ARPA to the Rescue: Direct Assistance Available for Multiemployer and Single-Employer Pension Plans

The recently signed American Rescue Plan Act (ARPA) contains an assortment of benefit plan provisions, including a new COBRA assistance scheme and expanded dependent care provisions. It also includes several provisions aimed...more

Not Aware of the Washington State Long-Term Care Program? – Employers Take Notice and Act Quickly

The Washington State Long-Term Care Program, long under the radar, should now be at the top of every Washington state employer's mind—as well as their employees. The law mandates long-term care benefits for Washington...more

Washington State's New Long-Term Care Statute Is a Mess – Can ERISA Preemption Provide the Cleanup?

Washington state has passed the nation's first public-operated, long-term care insurance program—the Long Term Care (LTC) Act—which is paid for by employees through employer withholding as a payroll tax. The statute is a...more

New COVID-19 Bill Yields Relief for Benefits in 2020 and Beyond

On December 27, 2020, President Trump signed into law an additional COVID-19 relief bill, attached to the Consolidated Appropriations Act of 2021, and intended to provide economic assistance to Americans impacted by COVID-19,...more

It's All About the Money! USDOL Proposed Regulations Impose Burdens on Socially Responsible Investing for ERISA Plans

Fueled by concerns regarding investments made for environmental, social and corporate governance, or similar considerations (ESG) in retirement plans, the U.S. Department of Labor (DOL) has proposed amendments to the...more

CARES Act Gets Needed Expansion and Clarification

The IRS has significantly expanded the categories of "qualified individuals" who can receive distributions and loans with favorable tax treatment to include individuals who have suffered a pay cut and those whose spouses and...more

U.S. Supreme Court Limits Rights of Defined Benefit Plan Participants to Sue for Fiduciary Violations

The U.S. Supreme Court's decision, Thole v U.S. Bank, on June 1, 2020, has limited the right of defined benefit plan participants to sue for fiduciary violations to situations in which the defined benefit plan is unable to...more

New IRS Guidance Provides Temporary Flexibility for Cafeteria Plans, FSAs, and Dependent Care Assistance Programs

On May 12, 2020, the IRS issued new guidance, IRS Notice 2020-29 and IRS Notice 2020-33, which temporarily provides greater flexibility to individuals participating in a cafeteria plan, health flexible spending arrangement...more

IRS Provides Further Guidance on Deferring Employment Taxes Under CARES Act

As we discussed in a previous advisory, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) permits employers and certain self-employed individuals to delay payment of the employer's share of Social Security...more

Checklist for What Employers Should Know About Employee Benefits in Response to COVID-19

As COVID-19 expands across the nation, so too is the number of laws aimed at addressing the pandemic, some with particular respect to employee benefits. As a result, employers are taking stock of their situation and examining...more

The CARES Act: Summary of Key Provisions Affecting Employee Benefit Plans

This advisory summarizes key provisions in the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) applying to employee benefit plans. We provide a summary of key items and more detailed FAQs relating to...more

IRS Permits HSA-Eligible Health Plans to Provide COVID-19 Services Without a Deductible or Cost Sharing

The IRS has taken action to ensure that COVID-19 testing and treatment are not deterred by the rules for high-deductible plans. Health Spending Accounts (HSA) coupled with High Deductible Health Plans (HDHP) have become a...more

Calculated to Be Understood by the Average Plan Participant – How Does the DOL Score?

ERISA requires Summary Plan Descriptions and other disclosures to be "written in a manner calculated to be understood by the average plan participant." ERISA section 102(a). ...more

New DOL Regulations Require Changes to Plan Claims Procedures – Here's How to Comply

The DOL issued final regulations that changed the handling of claims and appeals of disability determinations under benefit plans governed by ERISA. Here is what your benefits department needs to know and do: 1. Effective...more

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