The May Monthly Minute brings you up-to-date on mental health parity enforcement relief, as well as smoker surcharge and prohibited transaction litigation.
Nonenforcement of 2024 Mental Health Parity Regulations -
Earlier...more
5/29/2025
/ 401k ,
Class Action ,
Consolidated Appropriations Act (CAA) ,
Cunningham v Cornell University ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employment Litigation ,
Fiduciary Duty ,
Health Insurance ,
IRS ,
Litigation Strategies ,
Mental Health ,
Mental Health Parity Rule ,
MHPAEA ,
NQTLs ,
SCOTUS ,
Surcharges ,
Tobacco ,
U.S. Treasury
The March Monthly Minute brings you three recent case updates addressing 401(k) forfeiture utilization, TPA responsibility for recovering self-insured plan’s fraudulently paid claims, and continued PBM litigation in the wake...more
The November Monthly Minute kicks off the season of giving with SECURE 2.0 requirements for 2025 and the latest IRS retirement plan cost-of-living adjustments....more
11/20/2024
/ 401k ,
403(b) Plans ,
Automatic Enrollment ,
Compensation & Benefits ,
Compliance ,
Cost-of-Living Adjustment (COLA) ,
Employee Benefits ,
Employees ,
Employer Liability Issues ,
Highly Compensated Employees ,
IRS ,
Retirement ,
Retirement Plan ,
Roth IRA ,
SECURE Act ,
Threshold Requirements
The October Monthly Minute highlights two recent retirement plan cases, one in which the court sides with the plan and emphasizes plan administrative review over specific investment results and another where plaintiffs are...more
10/23/2024
/ 401k ,
Benefit Plan Sponsors ,
Breach of Duty ,
Class Action ,
Disclosure ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
ERISA Litigation ,
Fiduciary Duty ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Loper Bright Enterprises v Raimondo ,
Regulatory Agenda ,
Retirement Plan ,
Statutory Authority ,
Statutory Interpretation
The May Monthly Minute highlights litigation wins for plan fiduciaries in a 401(k) fee case and a wilderness therapy exclusion case, and also sets out the 2025 HSA, HDHP, and excepted benefit HRA COLA adjustments....more
5/31/2024
/ 401k ,
Benchmarking ,
Contract Terms ,
Cost-of-Living Adjustment (COLA) ,
Employee Retirement Income Security Act (ERISA) ,
Fees ,
Fiduciary ,
HDHP ,
HSA ,
Humana ,
Mental Health Parity Rule ,
Recordkeeping Requirements
The April Monthly Minute looks at a recent court decision highlighting ERISA’s preemptive power in response to a 401(k) garnishment claim and explores the DOL’s latest steps towards creating an online search tool intended to...more
In Notice 2023-62, the IRS walked back the SECURE 2.0 rule that required catch-up contributions to be designated as Roth contributions except in the case of employees with compensation of $145,000 or less (indexed), by...more
The March Monthly Minute highlights new proposed deadlines for use of retirement plan forfeitures, unsuccessful efforts to overturn the final ESG rule, and ACA penalty increases for 2024.
Sorry Not Sorry: Biden Vetoes...more
3/27/2023
/ 401k ,
Deadlines ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
Fiduciary Duty ,
Forfeiture ,
IRS ,
Joe Biden ,
Penalties ,
Presidential Veto ,
Proposed Regulation ,
Reporting Requirements
The Senate ushered in the New Year with a bang by passing SECURE 2.0 on December 22, 2022. SECURE 2.0 includes many updates to the sweeping changes brought about under 2019’s original SECURE Act legislation...more
1/31/2023
/ 401k ,
403(b) Plans ,
Employee Retirement Income Security Act (ERISA) ,
EPCRS ,
ESOP ,
IRS ,
New Guidance ,
Non-Discrimination Rules ,
Open Enrollment ,
Part-Time Employees ,
PEP ,
Retirement Plan ,
Roth IRA ,
SECURE Act ,
Student Loans
The Senate ushered in the New Year with a bang by passing SECURE 2.0 on December 22, 2022. SECURE 2.0 includes many updates to the sweeping changes brought about under 2019’s original SECURE Act legislation. The following are...more
1/27/2023
/ 401k ,
Automatic Enrollment ,
Employee Benefits ,
Employer Liability Issues ,
ESOP ,
Health Insurance ,
Internal Revenue Code (IRC) ,
IRS ,
Life Insurance ,
New Legislation ,
Pensions ,
PEP ,
Required Minimum Distributions ,
SECURE Act ,
Tax Deferral
The July Monthly Minute addresses a steep settlement and corrective action plan resulting from a widespread HIPAA breach, along with recent employer-friendly cases that highlight judicial support for inclusion of actively...more
7/28/2022
/ 401k ,
Data Breach ,
Department of Health and Human Services (HHS) ,
Electronic Protected Health Information (ePHI) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Hackers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Investigations ,
Investment ,
Investment Funds ,
Malware ,
Penalties
In the March Monthly Minute, we review IRS proposed regulations implementing the SECURE Act, DOL guidance on cryptocurrency investments, and the extended National Emergency “Outbreak Period” guidance.
Crypto-Curious vs....more
3/31/2022
/ 401k ,
Biden Administration ,
Coronavirus/COVID-19 ,
Cryptocurrency ,
Defined Contribution Plans ,
Department of Labor (DOL) ,
Digital Assets ,
Employee Benefits ,
Fiduciary Duty ,
Investment Management ,
Investment Opportunities ,
IRS ,
Required Minimum Distributions ,
Retirement Plan