News & Analysis as of

Employee Benefits Required Documentation

Spilman Thomas & Battle, PLLC

The Employment Offer Letter: Practical Tips for Minimizing Litigation Risk

The process of selecting the right candidate for a new position involves time and resources. Extending an offer of employment is generally an exciting endeavor for both the employer and its new hire - which is why the details...more

Husch Blackwell LLP

Required Notice Posting for Employers of Frontline Workers in Minnesota

Husch Blackwell LLP on

A new COVID-related bonus from the State of Minnesota is coming “to thank those Minnesotans who worked on the frontlines during the COVID-19 peacetime emergency.” Certain employers who employed frontline workers in Minnesota...more

Faegre Drinker Biddle & Reath LLP

Fee Disclosure Rules Will Soon Apply to Group Health Plans

Buried in the year-end Consolidated Appropriations Act (CAA) is a provision that requires group health plan brokers and consultants to make comprehensive fee disclosures similar to those that apply to retirement plans. As...more

Bradley Arant Boult Cummings LLP

Missing Retirement Plan Participants? The DOL Says You Should Follow These Best Practices

In response to ongoing pleas for guidance, the Department of Labor (DOL) has published an informal outline expressing its views on how retirement plan administrators should be addressing missing or unresponsive participants....more

Burr & Forman

DOL Updates Factors For Selecting Plan Investments

Burr & Forman on

On October 30, 2020, the U.S. Department of Labor (the “DOL”) released a Final Rule to “provide clear regulatory guideposts for fiduciaries of private-sector retirement and other employee benefit plans in light of recent...more

Best Best & Krieger LLP

Public Agency Retirement Plan Documents: Are They Properly Signed and Dated?

Based on numerous requests for plan documents from public agency clients, we know that many cannot find complete sets of their historical and current retirement plan documents that are properly authorized, signed and dated....more

Seyfarth Shaw LLP

Avoid the IRS’s Nuclear Option – Sign that Plan Document!

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a recent Chief Counsel Memorandum (“CCM”), the IRS stated that on audit, agents should pursue plan disqualification for a failure to produce a signed plan document. The IRS was responding to a 2018 Tax...more

Flaster Greenberg PC

New Jersey Expands Paid Family Leave: Action Items for New Jersey Employers

Flaster Greenberg PC on

Earlier this week, New Jersey Governor Phil Murphy signed into law a bill providing for an expansion of the New Jersey Family Leave Act (“NJFLA”) in important ways. Prior to this bill, the NJFLA required employers with 50 or...more

Fisher Phillips

Documentation Relief For Hardship Distributions

Fisher Phillips on

Retirement plans are permitted, but not required, to provide in-service distributions of elective deferrals to participants if they can show financial hardship, which is defined as a hardship that is “deemed to be on account...more

Bradley Arant Boult Cummings LLP

Are You Keeping the Right Documentation for 401(k) Hardship Distributions?

401(k) plans may allow an employee to receive a distribution of elective contributions (employee deferrals) on account of a hardship. The regulations provide that a distribution is made on account of hardship only if the...more

Littler

Puerto Rico Treasury Issues New Guidance on Rules and Procedures for Qualification of Retirement Plans

Littler on

The Puerto Rico Department of the Treasury (the “PR Treasury”) issued Tax Policy Circular Letter No. 16-08 on December 23, 2016 (“CL 16-08”). CL 16-08 establishes new rules regarding the validity of retirement plan...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Rosenbaum Law Firm Review

Keep those Plan documents and amendments. You will always need them. Plan sponsors aren't the greatest keeper of plan records because as a plan fiduciary, they think they get too many reports, prospectuses,...more

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