Latest Publications

Share:

IRS Finalizes Required Minimum Distribution Regulations

The IRS recently published its final regulations addressing changes to Tax Code Section 401(a)(9), relating to required minimum distributions (RMDs), under the Setting Every Community Up for Retirement Enhancement Act of 2019...more

Eleventh Circuit Finds Gender-Affirming Surgery Exclusion in Governmental Employer’s Health Plan Violated Title VII

held that a governmental employer’s health plan violated Title VII by applying an exclusion for services and supplies associated with gender reassignment surgery. The Court relied on the Supreme Court’s decision in Bostock v....more

Employers Must Remain Vigilant in Addressing IRS Letters 226J for Employer Shared Responsibility Payments

As we’ve previously discussed, the IRS started issuing Letters 226J in late 2017. It continues to send these letters to employers each year proposing that the employer owes an Employer Shared Responsibility Payment (ESRP) for...more

Lawsuit Against Johnson & Johnson For Mismanagement of Drug Prices Likely a Sign of Things To Come For Many Self-Insured Health...

A novel proposed class action lawsuit was filed against Johnson & Johnson (J&J) earlier this month by a current employee for mismanagement of prescription drug prices. The lawsuit alleges, among other things, that J&J...more

SECURE 2.0 Guidance Provides Retirement Plans Much Needed Clarity

The IRS recently issued Notice 2024-2, which provides Q&A guidance on many provisions of the SECURE 2.0 Act, which had left employers and practitioners asking questions. We previously summarized several of the key changes...more

Operational Retirement Plan Changes for 2024

While amendments for the following changes under the SECURE Act and SECURE 2.0 Act are not yet required, retirement plan sponsors (especially 401(k) and 403(b) plan sponsors) need to be aware of the following operational...more

COVID National Emergency Ends Early Impacting Health Plans

On April 10, 2023, President Biden signed a resolution ending the COVID-19 National Emergency. As we had previously reported, the National Emergency originally was scheduled to end on May 11, 2023 – at the same time as the...more

Preparing for the End of the COVID-19 Emergency Periods for Health Plans

President Biden recently announced his intention to end the COVID-19 National Emergency and Public Health Emergency effective May 11, 2023. As we previously discussed here, those emergency declarations had significant impacts...more

SECURE 2.0 Makes Several Key Changes for Employer Sponsored Retirement Plans

On December 29, 2022, as part of the Consolidated Appropriations Act of 2023, President Biden signed into law the SECURE 2.0 Act of 2022 (“SECURE 2.0”). SECURE 2.0 makes many significant changes to the employer sponsored...more

Revised and New Retirement Plan Distribution Withholding Forms

Earlier this year, the IRS issued a revised Form W-4P (Withholding Certificate for Pension or Annuity Payments) and a new Form W-4R (Withholding Certificate for Nonperiodic Payments and Eligible Rollover Distributions), both...more

When Will the Pandemic End for Employer-Sponsored Health Plans?

While many in the U.S. have attempted to resume a sense of normalcy despite the ongoing COVID-19 pandemic, for employer-sponsored health plans, special “emergency” pandemic rules and extensions remain in effect. As previously...more

Reminder: Transparency in Health Coverage Machine Readable Files Must be Posted by July 1, 2022

The Transparency in Coverage Final Rules issued in 2020 require most non-grandfathered insurers and group health plan sponsors to make publicly available online three machine-readable data files with health care pricing...more

DOL Warns Against Plan Investments in Cryptocurrency

Given the current market volatility, the U.S. Department of Labor’s (DOL) concerns related to the addition of cryptocurrencies in qualified retirement plans seems prescient. In Compliance Assistance Release No. 2022-01, the...more

New Employer Group Health Plan Compliance Obligations for 2022

With each new year, new legal obligations for employers sponsoring group health plans seem to arrive. This article provides a brief overview and reminder of some of the new key requirements for 2022, many of which we have...more

New Employer Health Insurance Disclosure Requirement Under the Illinois Consumer Coverage Disclosure Act

On August 27, 2021, Governor Pritzker signed the Consumer Coverage Disclosure Act (the Act), which became effective immediately. The Act requires Illinois employers (both private and governmental) to disclose to all new hires...more

Illinois Expands Mandatory Secure Choice Retirement Savings Program to Smaller Employers:

Governor Pritzker recently signed into law an expansion to Illinois’s Secure Choice Retirement Savings Program (Program) that soon will require compliance with the Program by employers with five or more employees. Previously,...more

Medicare Part D Creditable Coverage Notices are Due Before October 15

Group health plan sponsors are required to send annual notices (as well as at other particular times) to individuals who are eligible for Medicare Part D that explain whether the health plan’s prescription drug coverage is...more

IRS Extends Physical Presence Requirement Relief to Retirement Plans

As we previously reported in 2020, the IRS granted temporary relief from the physical presence requirement under regulations governing participant elections and spousal consents for certain retirement plans. Generally, those...more

IRS Clarifies Taxation for Dependent Care Programs for 2021 and 2022

The IRS recently issued Notice 2021-26, which provides guidance related to certain pandemic relief provisions including carry-overs and extended grace periods which impact dependent care assistance programs (DCAPs) provided...more

New IRS Guidance Offers Employers Direction regarding COBRA Subsidy Obligations

As we previously reported, the recently enacted American Rescue Plan Act of 2021 (ARPA) includes a six-month COBRA premium subsidy whereby the federal government subsidizes 100% of the COBRA premium during the period of April...more

DOL Issues Cybersecurity Guidance for Plan Fiduciaries

In April, the U.S. Department of Labor (DOL), for the first time, issued cybersecurity guidance that was focused on retirement plans governed by the Employee Retirement Income Security Act of 1974 (ERISA) but could be...more

New DOL Guidance and Model Notices Assist Employers with Their New COBRA Subsidy Obligations

As we previously reported, the recently enacted American Rescue Plan Act of 2021 (ARPA) includes a six-month COBRA premium subsidy whereby the federal government subsidizes 100% of the COBRA premium during the period of April...more

Updated Penalty Amounts for ERISA Violations

The DOL’s Employee Benefits Security Administration (EBSA) recently issued its annual inflationary adjustments to penalties that apply for violations of the Employee Retirement Income Security Act of 1974, as amended (ERISA)....more

Recent Changes in Employee Benefits to Consider in 2021

We recently highlighted the employee benefits provisions that accompanied the latest COVID-19 relief law as part of our summary of that Act. This article addresses some of the other recent employee benefits-related changes...more

COVID-19 Relief Bill Will Have A Significant Impact On Employers And Employees

On December 27, 2020, the President signed a bill passed by Congress providing additional COVID-19 related relief and stimulus.  The key provisions impacting employers and current and former employees are summarized below,...more

53 Results
 / 
View per page
Page: of 3

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