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COVID-19 Employee Leaves, Layoffs and Reductions in Hours

In response to the COVID-19 national emergency, employers of all sizes are in the process of implementing voluntary and involuntary leaves of absence/furloughs, layoffs and/or reduction in hours programs....more

Families First Coronavirus Response Act – Impact on Employer’s Group Health Plans

The “Families First Coronavirus Response Act (“HR 6201”), signed by President Trump on March 18, 2020, includes the following rules that impact employers’ group health plans and employer costs incurred in providing group...more

SECURE Act Highlights for Employers

At the end of December, 2019, the “Setting Every Community Up for Retirement Enhancement Act of 2019” or “SECURE Act” was enacted, making wide-sweeping changes to the employee benefits world. ...more

Sun Capital Wins - But All Private Equity Funds May Not

Just before Thanksgiving, the First Circuit Court of Appeals handed a “win” to Sun Capital’s private equity funds which had been battling against multiemployer pension withdrawal liability since the 2008 bankruptcy of the...more

Holiday Gift - ACA Deadline Extended for 2019 Notices

Similar to last year, the Internal Revenue Service has given employers a holiday gift – an extension of the deadlines for delivery (but not filing) of 2019 Forms 1094 and 1095....more

2020 Employee Benefit Plan Limits

The IRS has released the 2020 cost-of-living adjustments for limits on employee benefits with some adjustments to the 2020 rates including minor increases to the maximum elective deferrals, the maximum benefits allowed under...more

Benefits Odds and Ends to Start the Fall

With the passing of summer and the children back in school, it is time to get to work and check on benefit compliance items that you may have missed over the summer. Below is a short summary of a number of developments....more

Class Action Exposure – Rates and Mortality Tables in Your Pension Plan

The phrase “actuarial equivalence” does not roll off anyone’s lips.  But, it may be the key phrase in the next wave of class action potential liability for defined benefit plans.  ...more

IRS Opens Determination Letter Program to Cash Balance Plans and Merged Plans

In an expansion of the IRS’ qualified retirement plan determination letter program, employers will now be able to seek an IRS favorable determination letter for individually-designed merged plans and, for a limited time,...more

Retiree Lump-Sum Windows- IRS Changes Position

The IRS and the Treasury Department released Notice 2019-18 on March 6, which serves as a retraction of prior administrative guidance under Notice 2015-49 and indicates that the IRS no longer intends to propose regulations...more

IRS Issues Guidance on Excise Tax on Executive Compensation of Tax-Exempt Entities

To start the New Year, the IRS issued 92 pages of interim guidance (Notice 2019-09) on Code Section 4960, the Tax Cuts and Jobs Act provision that imposes a 21% excise tax on remuneration in excess of $1 million and excess...more

Year-End Preparation and Hardship Withdrawals

With Thanksgiving on the horizon, now is the time to check on end of year changes for compliance for your 401(k), 403(b) and other defined contribution pension plans. ...more

2019 Employee Benefit Plan Limits Announced by IRS

The IRS has released the following 2019 adjustments for limits on employee benefits. For the first time since 2015, the highly compensated employee (HCE) limit has increased to $125,000. ...more

Reminder – Medicare Part D Notice due October 15th

Group health plan sponsors must provide their Medicare Part D Notices by October 15th. This Notice is often handled by your third-party administrator (TPA) or insurer, but now is a good time to make sure. ...more

How Will Tax-Exempts Report Excise Tax on Compensation Over $1 Million?

The Tax Cuts and Jobs Act of 2017 imposes excise taxes on tax-exempt organizations who pay compensation excess of $1 million or make certain “excess parachute” payments on account of termination of employment. ...more

Proposed Regulations on Charitable Contributions and State and Local Tax Credits and Deductions

The United States Treasury Department and the IRS issued Prop. Reg. §1.170A-1(h)(3) (the “Proposed Regulations”) in late August, in response to state legislation proposed after the enactment of limitations on state and local...more

Section 162(m) – The Narrow Path to Grandfathering

On August 21, 2018, the IRS released IRS Notice 2018-68 which contains much-anticipated initial guidance on the application of the grandfathering rules under amended Section 162(m) of the Internal Revenue Code. ...more

Matching Student Loan Repayments in a 401(k) Plan – A New Possibility

In a recent Private Letter Ruling (PLR 201833012), the IRS confirmed that an employer could make nonelective contributions to a 401(k) plan intended to “match” the participant’s student loan repayments....more

Association Health Plans Offer New Opportunities for Health Coverage

The U.S. Department of Labor issued final regulations in late June expanding the availability of association health plans to more businesses and to self-employed individuals....more

The Unpredictable Fate of the DOL’s Fiduciary Rule

It’s been a long year waiting for the full Fiduciary Rule to take effect, but will it ever truly achieve its intended impact on employer plans and their advisors? As we reported, the DOL’s Fiduciary Rule was supposed to...more

Compliance Karma – Check on Rule 701 Exemption

A California tech firm recently settled with the Securities and Exchange Commission (SEC), paying $160,000 for violating Rule 701 of the Securities Act (Rule 701) because the firm failed to provide detailed financial...more

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