Employee Benefits Developments - June 2014

In This Issue:

- Rulings, Opinions, Etc.

..Validating Rollover Contributions: New Guidance

- Case

..Stock Drop Case Development: The Supreme Court Rejects The Presumption Of Prudence

..Dividend Equivalents Subject To FICA Tax At Time Of Payment

..IRS Publishes 2015 Amounts For Health Savings Accounts

..SSA Ends Letter-Forwarding Program

- Cases

..ERISA Pension Benefit May Be Assigned To Co-Habitant

..Court Rules “Clickwrap” Post-Employment Restrictive Covenants Enforceable

- Excerpt from Validating Rollover Contributions: New Guidance:

When accepting a rollover contribution, a plan administrator must reasonably conclude the contribution is a valid rollover contribution. While evidence that the distributing plan received a favorable IRS determination letter is useful to the plan administrator of the receiving plan in concluding a rollover contribution is valid, evidence of a favorable determination letter is not absolutely required to reach that conclusion. Relevant regulations do not mandate any particular documentation or procedure the plan administrator of a receiving plan must use to reach a reasonable conclusion of validity. However, if the receiving plan obtains a letter from the plan administrator of the distributing plan representing that the distributing plan is or is intended to be a qualified plan, and that the administrator is unaware of any plan provision or operation that would result in disqualification of the distributing plan, the administrator of the receiving plan, absent facts to the contrary, is permitted under existing guidance to reasonably conclude the distributing plan is qualified and that the rollover contribution is valid.

Please see full Publication below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Hodgson Russ LLP | Attorney Advertising

Written by:


Hodgson Russ LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.