Stinson Leonard Street - Employee Benefits & Compensation

Federal Court Determines that Employer Use of Employee Health Insurance Premium Payments Breach of ERISA Fiduciary Duties

On November 9, 2015, Minnesota Federal District Judge Susan Richard Nelson ruled that the president and CEO of Faribault Woolen Mills Company breached his fiduciary duties under ERISA by diverting Employee health insurance…more
| Health, Labor & Employment Law

What Does the Trust Requirement of ERISA Mean?

ERISA requires that plan assets be held in trust so that they are protected from claims of the employer. With pension plans, it is generally easy to determine when assets become plan assets and when they should be held in trust…more
| Finance & Banking, Labor & Employment Law

IRS Annual Limits on Qualified Plans

The Internal Revenue Service has released the 2016 cost of living adjustments affecting dollar limits on benefits and contributions under qualified retirement plans and health savings accounts, which are largely unchanged from…more
| Finance & Banking, Labor & Employment Law, Taxation

Can an LLC Adopt an ESOP? IRS Says Yes

In a private letter ruling released on September 18, 2015 (PLR 201538021), the Internal Revenue Service concluded that an employer organized as a limited liability company (LLC) under a state statute, upon making a federal tax…more
| Finance & Banking, Labor & Employment Law, Taxation

Claims Administrators can be Liable for Violations of the Mental Health Parity Act

The Mental Health Parity and Addiction Equity Act (MHPA) requires health plans to treat mental health and physical health benefits in much the same manner and precludes restrictions on mental health benefits that are not also…more
| Health, Labor & Employment Law

Not all Plans can Establish a Shortened Limitations Period for Filing Lawsuit

I recently blogged about a case in which a plan had established a shorter period of time (one year deadline) for filing a lawsuit, rather than relying on the state statute of limitation (six years) which would otherwise have…more
| Civil Procedure, Conflict of Laws, Finance & Banking, Labor & Employment Law

More Withdrawal Liability for Unsuspecting Business Owners

I recently blogged about a Seventh Circuit Court of Appeals decision that tagged a buyer of the assets of a company contributing to a multiemployer plan with withdrawal liability that the seller had not paid. A recent Ninth…more
| Commercial Law & Contracts, Finance & Banking, Labor & Employment Law

Participants in Top Hat Plans Must Exhaust Administrative Remedies

So-called “Top Hat” plans are nonqualified deferred compensation plans for a select group of management or highly compensated employees. These executive compensation arrangements are exempt from many ERISA provisions, but are…more
| Finance & Banking, Labor & Employment Law

Don’t Play Hide the Ball with Your Claims Procedure

ERISA does not have a statute of limitations for lawsuits brought by participants to check claim benefits under the plan. Instead, courts borrow from similar state statutes of limitations. In a decision two years ago, the US…more
| Civil Procedure, Finance & Banking, Labor & Employment Law

A Summary Plan Description Can be a Plan Document

In a decision issued a couple of years ago, the United States Supreme Court held that a summary plan description that differed from the plan document could not be enforced as the plan document. The Court said that the summary…more
| Finance & Banking, Labor & Employment Law

More Ways to be Hit With Withdrawal Liability

I have blogged in the past about situations where employers unexpectedly found themselves liable for withdrawal liability imposed by a multiemployer plan. We can add a recent case from the Seventh Circuit Court of Appeals to…more
| Finance & Banking, Labor & Employment Law

Business As Usual: Supreme Court Upholds ACA Subsidies

The United States Supreme Court recently held in King v. Burwell that the Affordable Care Act (ACA) permits individuals to receive health insurance premium subsidies through federally-facilitated exchanges (in addition to…more
| Labor & Employment Law, Health, Insurance, Taxation

Same Sex Marriage: Effect on Benefits

The United States Supreme Court recently held in Obergefell v. Hodges that all states must recognize and allow marriages between same sex partners. Depending on an…more
| Civil Rights, Constitutional Law, Family Law, Labor & Employment Law

Using Your IRA to Buy a Business: Still a Risky Strategy

I blogged in the past about decisions in which taxpayers have used assets in their IRA to finance a new business. This structure is sometimes known as a ROBS or rollover for business startups. In 2013, the tax court held that an…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Labor & Employment Law, Taxation

Retiree Medical Plans can Impose Lifetime Limits

Employers who sponsor medical plans know that those plans can no longer impose lifetime limits on essential health benefits. One exception is for medical plans that cover fewer than two active employees. Retiree medical plans…more
| Health, Labor & Employment Law
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150 South Fifth Street Suite 2300
Minneapolis, MN 55402, United States

Contact: Jason Wibben

  • 612.335.7222
  • 612.335.1657

Areas of Practice
  • Health
  • Labor & Employment Law
Other U.S. Locations
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  • Minnesota
  • North Dakota
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