Editor's Overview -
Happy New Year! Because 401(k) plans play an increasingly prominent role as an employee's principal retirement investment vehicle, fiduciaries overseeing those plans face increased pressure to see...more
1/22/2016
/ 401k ,
Attorney's Fees ,
Collective Bargaining Agreements (CBA) ,
Data Security ,
Employee Retirement Income Security Act (ERISA) ,
Excessive Fees ,
Free Identity Theft Protection ,
IRS ,
Mootness ,
Plan Administrators ,
SCOTUS ,
Spouses ,
Third-Party Service Provider ,
Tibble v Edison Int ,
US v Windsor
Following the Supreme Court’s 2013 decision in U.S. v. Windsor (in which the Court held that Section 3 of the federal Defense of Marriage Act (“DOMA”) was unconstitutional), one of the questions facing sponsors of...more
Editor's Overview -
In this month's newsletter, we focus on the recent wave of guidance and case law related to the Affordable Care Act. We also discuss IRS Notice 2015-86, which provides guidance on the application of...more
1/4/2016
/ Affordable Care Act ,
Attorney's Fees ,
Automatic Enrollment ,
Burwell v Hobby Lobby ,
Cadillac Tax ,
Contraceptive Coverage Mandate ,
Department of Labor (DOL) ,
Disability Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Good Faith ,
Health and Welfare Plans ,
HRA ,
IRS ,
Mental Health Parity Rule ,
Obergefell v. Hodges ,
PBGC ,
Preventive Health Care ,
Qualified Retirement Plans ,
SCOTUS ,
US v Windsor ,
Wellness Programs
Last week, the Internal Revenue Service (IRS) issued Notice 2015-86, providing guidance on the application of the U.S. Supreme Court’s decision in Obergefell v. Hodges to qualified retirement plans and health and welfare...more
On October 21, 2015, the IRS issued proposed regulations to clarify the treatment of same-sex spouses for federal tax purposes. By way of background, in 2013, the United States Supreme Court held in United States v. Windsor...more
10/27/2015
/ DOMA ,
Due Process ,
Equal Protection ,
Federal Taxes ,
Fourteenth Amendment ,
IRS ,
Obergefell v. Hodges ,
Popular ,
Proposed Regulation ,
Same-Sex Marriage ,
SCOTUS ,
Spouses ,
US v Windsor
On June 26, 2015, the U.S. Supreme Court issued a historic decision in Obergefell v. Hodges, holding that the Fourteenth Amendment’s Due Process and Equal Protection Clauses require states to allow same-sex marriage and to...more
6/26/2015
/ Anti-Discrimination Policies ,
Benefit Plan Sponsors ,
Corporate Counsel ,
Discrimination ,
DOMA ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employee Rights ,
Employer Liability Issues ,
Family Status Discrimination ,
Fourteenth Amendment ,
Income Taxes ,
Marriage Equality ,
Obergefell v. Hodges ,
Same-Sex Marriage ,
Same-Sex Marriage Bans ,
SCOTUS ,
Sexual Orientation Discrimination ,
Spouses ,
US v Windsor
On June 27, 2014, the IRS published a letter outlining the steps taxpayers should take in order to obtain a refund for taxes paid on the value of employer-sponsored health coverage provided to an employee’s same-sex spouse....more
Following the U.S. Supreme Court’s decision in US v. Windsor, the requirement that an ERISA health plan provide health coverage for same-sex spouses has often hinged on whether an employee benefit plan was insured or...more
Shortly after the U.S. Supreme Court ruled (in U.S. v. Windsor) that Section 3 of the federal Defense of Marriage Act (DOMA) was unconstitutional, the IRS announced that same-sex marriages will be recognized for federal tax...more
Prior to the U.S. Supreme Court’s Windsor decision that repealed Section 3 of the federal Defense of Marriage Act (DOMA), same-sex spouses were not recognized as spouses for federal tax and benefits purposes. In the immediate...more
12/23/2013
/ Benefit Plan Sponsors ,
Cafeteria Plans ,
Dependent Care ,
DOMA ,
FSA ,
Health Plan Sponsors ,
Healthcare ,
HSA ,
IRS ,
Same-Sex Marriage ,
US v Windsor
The Ninth Circuit Judicial Council, an administrative body that reviews decisions of the court’s chief judge, recently weighed in on an issue involving same-sex domestic partner health benefits in the post-Windsor world. The...more
Editor's Overview -
Health care issues make the headlines once again in this month's ERISA Litigation Newsletter. Tzvia Feiertag first provides practical and timely tips for insured ERISA health plan sponsors on...more
On August 29, 2013, the U.S. Department of the Treasury and the Internal Revenue Service issued important guidance for employers and employees relating to the impact of the Windsor decision on employee benefit plans....more
In light of the U.S. Supreme Court in United States v. Windsor, which struck the Defense of Marriage Act (DOMA) provision limiting marriage to opposite sex spouses, the government agencies have been working on updating...more
On June 26, 2013, the U.S. Supreme Court issued a decision that will affect virtually all employers across the country. In United States v. Windsor, the Court ruled in a 5-4 decision that Section 3 of the federal Defense of...more
7/9/2013
/ DOMA ,
Employee Benefits ,
Employer Group Health Plans ,
Employer Mandates ,
Equal Protection ,
Essential Health Benefits ,
Family and Medical Leave Act (FMLA) ,
Marriage ,
Pensions ,
Same-Sex Marriage ,
SCOTUS ,
US v Windsor
The Defense of Marriage Act, which defines “marriage” and “spouse” as excluding same-sex partners, was struck down by the U.S. Supreme Court today in a 5-4 decision on equal protection grounds....more