DOL, ERISA | JD Supra Law News

Department of Labor Requests Clarification on Form 5500

by Nicole Hanna, Ben Wells | Dinsmore & Shohl LLP on 5/13/2013

Have you received an email from the Department of Labor recently? If not, you may. The Department has recently begun a program to identify whether employee “welfare benefit plans” (typically, group health plans) have filed a...more

Legal Alert: DOL Issues Advance Notice of Proposed Rulemaking on Lifetime Income Estimates in Plan Participant Statements

by Adam Cohen, Mikka Gee Conway, Carol McClarnon, Alice Murtos, Joanna Myers, Vanessa Scott, W. Mark Smith, Rich Sun, William Walderman, Carol Weiser | Sutherland Asbill & Brennan LLP on 5/9/2013

On May 7, 2013, the Department of Labor released an advance notice of proposed rulemaking (ANPRM) that seeks commentary on requiring a projection of estimated lifetime income to be included in participant statements from...more

Court Upholds Validity of ERISA Fiduciary Indemnification

by David Ackerman, John Kober | Morgan Lewis on 5/7/2013

Ruling rejects DOL challenge of an agreement by a 100% ESOP-owned company to advance defense costs and indemnify a trustee....more

“Stuff” Every 401(k) Plan Sponsor Must Keep

by Ary Rosenbaum on 5/7/2013

George Carlin said that all you need in life is a place for your stuff. Carlin said that all a house really is; is a place for your stuff. When it comes to being a retirement plan sponsor, retirement plan sponsors need a...more

DOL Issues Guidance on MAP-21 Annual Funding Notice Requirements

by Anne S. Becker, Kary Crassweller, Stephen Pavlick | McDermott Will & Emery on 4/1/2013

The U.S. Department of Labor (DOL) recently issued guidance on the new disclosure requirements for single-employer defined benefit plans under the Moving Ahead for Progress in the 21st Century Act (MAP-21). Plan...more

Monthly Benefits Update - March 2013

by Daniel R. Salemi | Franczek Radelet P.C. on 4/1/2013

Health Care Reform: Agencies Issue Proposed Regulations on 90-Day Waiting Period Limitation - On March 21, the IRS, DOL, and Department of Health and Human Services issued proposed regulations on the 90-day waiting...more

The Top 10 Major Misconceptions Plan Sponsors Have About Their Retirement Plans

by Ary Rosenbaum on 3/20/2013

Retirement plans can be an effective means for employee retention and tax savings. However if not operated properly, a retirement plan can inadvertently expose the employer to liability from unhappy plan participants and the...more

Retirement Plan Sponsors Have More to Fear Than Fear Itself

by Ary Rosenbaum on 3/12/2013

In his inaugural address in 1933 amidst the Depression, Franklin Delano Roosevelt said that the only thing we had to fear was “fear itself”. 1933 predates ERISA by 40+ years, so FDR clearly didn’t understand the dilemmas of...more

DOL Issues Self-Compliance Tools For Health Benefits Laws

by Tracy Morley | XpertHR - Partnered with LexisNexis on 3/12/2013

The US Department of Labor's Employee Benefits Security Administration (EBSA) has issued two compliance tools to help employers see if their health plans comply with the requirements of Part 7 of the Employee Retirement...more

Legal Alert: MEWA Form M-1 And Final Regulations Released

by Gordon M. Berger, Tiffany D. Downs, Isabella P. Lee, Scott V. Wagner | FordHarrison on 3/7/2013

The Department of Labor ("DOL") recently released a series of final rules affecting health benefits provided through multiple employer welfare arrangements ("MEWAs"). Notably, the 2012 Form M-1 filing deadline has been...more

Monthly Benefits Update - February 2013

by Andrew Malahowski | Franczek Radelet P.C. on 3/1/2013

The Department of Health and Human Services issued final regulations on the Affordable Care Act’s standards for essential health benefits, actuarial value, and accreditation. While these regulations primarily affect...more

DOL Issues Guidance for ERISA Plans to Engage in Cleared Swaps

by Guy C. Dempsey, Jr., Gary Howell, Marilyn Selby Okoshi | Katten Muchin Rosenman LLP on 2/26/2013

On February 7, 2013, the US Department of Labor (DOL) issued Advisory Opinion 2013-01A (the “Advisory Opinion”), which provides guidance under the Employee Retirement Income Security Act of 1974 (ERISA) for employee benefit...more

"Department of Labor Paves the Way to Clearing Swaps for ERISA Plans"

by Maureen A. Donley, Ryan Elsey, David C. Olstein, Mark D. Young | Skadden, Arps, Slate, Meagher & Flom LLP on 2/21/2013

The Department of Labor (DOL) recently issued a long-awaited advisory opinion (the Advisory Opinion) clarifying and confirming the ability of central counterparties (CCPs) and their clearing members (Clearing Members) to...more

DOL Clarifies Application of ERISA Rules to Cleared Swaps

by Daniel Kleinman, Michael Richman | Morgan Lewis on 2/15/2013

New guidance defers to the Dodd-Frank/CFTC framework for regulating the swaps clearing process. On February 7, the U.S. Department of Labor (DOL) issued an advisory opinion on the application of the ERISA fiduciary rules...more

Swapping Uncertainty for Clarity – U.S. Department of Labor Issues ERISA Opinion on Swaps

by Susan M. Camillo, Andrew L. Oringer | Dechert LLP on 2/15/2013

Much of the investment capital in the U.S. market is in retirement plans subject to the Employee Retirement Income Security Act of 1974 (“ERISA”). Over the years, an important element of a number of plans’ investment...more

Legal Alert: DOL Resolves Important ERISA Issues About Cleared Swap Transactions

by Margaret C. Barker, James M. Cain, Adam Cohen, Warren N. Davis, Carol McClarnon, Jamey Medlin, Alice Murtos, Joanna Myers, Vanessa Scott, W. Mark Smith, William Walderman, Carol Weiser | Sutherland Asbill & Brennan LLP on 2/14/2013

In Advisory Opinion 2013-01A (February 7, 2013), the Department of Labor (DOL) issued an important advisory opinion addressing the treatment under the Employee Retirement Income Security Act of 1974, as amended (ERISA), of...more

Monthly Benefits Update - January 2013

by Daniel R. Salemi | Franczek Radelet P.C. on 2/4/2013

In This Issue: - Health & Welfare Plans ..Health Care Reform: IRS Issues Proposed “Pay or Play” Regulations ..Health Care Reform: IRS Issues FAQs on Various ACA Issues ..HHS Issues Final HIPAA Regulations...more

EBSA Updates Delinquent Filer Voluntary Compliance Program

by Eric Penkert, Jason A. Rothman | Ogletree, Deakins, Nash, Smoak & Stewart,... on 2/1/2013

On January 28, 2013, the Employee Benefits Security Administration (EBSA), an agency of the U.S. Department of Labor (DOL), announced updates to its Delinquent Filer Voluntary Compliance (DFVC) Program. ...more

2013 Filing and Notice Deadlines for Qualified Retirement and Health and Welfare Plans

by King & Spalding on 1/9/2013

Employers and plan sponsors must comply with numerous filing and notice deadlines for their retirement and health and welfare plans. Failure to comply with these deadlines can result in costly penalties and excise taxes. To...more

2012 in Review: ERISA Individual Prohibited Transaction Exemptions

by Margaret C. Barker, Adam Cohen, Carol McClarnon, Jamey Medlin, Alice Murtos, Joanna Myers, Vanessa Scott, W. Mark Smith, William Walderman, Carol Weiser | Sutherland Asbill & Brennan LLP on 1/8/2013

In 2012, the Department of Labor (DOL) continued a fairly active program of issuing individual exemptions from the prohibited transaction rules of ERISA. These rules generally prohibit, among other things: - Sale and...more

DOL Proposes Expansion and Refinement of ERISA Abandoned Plan Program

by Margaret C. Barker, Adam Cohen, Carol McClarnon, Jamey Medlin, Joanna Myers, Vanessa Scott, W. Mark Smith, William Walderman, Carol Weiser | Sutherland Asbill & Brennan LLP on 12/13/2012

On December 12, 2012, the Department of Labor (DOL) published in the Federal Register proposed revisions to its abandoned plan regulations and prohibited transaction class exemption, expanding the scope and refining the terms...more

Department of Labor Clarifies Interpretation of “Related” Under the QPAM Exemption

by Susan M. Camillo, Andrew L. Oringer | Dechert LLP on 11/30/2012

The U.S. Department of Labor (the “DOL”) recently issued an information letter, dated November 9, 2012 (the “Information Letter”), in which it confirms that, for all purposes of determining what parties are “related” to a...more

Where’s My Fee Disclosure Information?

by Stacey A. Huse | Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/14/2012

As we discussed in our previous Benefits eAuthority regarding the final rules on service provider fee disclosures, the U.S. Department of Labor (DOL) issued final regulations setting forth the fee disclosure obligations for...more

What To Do with an MLR Rebate Check?

by Stephen A. Riga | Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/24/2012

Insurers have begun issuing medical loss ratio (MLR) rebate checks for 2011. Particularly when an MLR rebate is small, you may be tempted to put the check in a drawer and forget about it. Employers should resist that impulse...more

Deadlines Approaching for Fee Disclosures under ERISA, and DOL Issues Guidance on Participant-Level Fee Disclosures

by Reed Smith on 5/11/2012

Pursuant to the DOL’s disclosure regulations issued under ERISA section 408(b)(2), employers sponsoring ERISA benefit plans should be receiving fee disclosures from the plans’ covered service providers regarding the service...more

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The United States Department of Labor › Employee Retirement Income Security Act