News & Analysis as of

Employee Benefits

Tax Reform And Accumulated Leave (Aka “Special Pay”) Plans

by Carlton Fields on

Provisions in the current proposed Senate tax reform bill would likely reduce the effectiveness of retirement plan arrangements that regularly receive contributions of unused leave for former employees, commonly known as...more

Quebec Pension Plan Enhancements: Increased Employer Contributions in Sight

On November 2, 2017, Quebec’s Minister of Finance, Carlos Leitão, tabled Bill 149, An Act to enhance the Québec Pension Plan and to amend various retirement-related legislative provisions (Bill), which aims to strengthen the...more

Puerto Rico Treasury Department Issues Post-Hurricane Rules for Qualified Retirement Plan and IRA Distributions and Loans

by Littler on

On November 15, 2017, the Puerto Rico Department of the Treasury (the "PR Treasury") issued Administrative Determination Number 17-29 ("AD 17-29") to provide special rules and procedures applicable to distributions from...more

Preparing for Tax Reform: The Current State of Play on Proposed Changes to Executive Compensation and Employee Benefits

On November 16, 2017, the House of Representatives voted to approve its version of the Tax Cuts and Jobs Act. The Senate is expected to vote on its version of the bill following the Thanksgiving break, which would require a...more

Reconciling the Differences, the Senate Tax Cuts and Jobs Act

On November 9, 2017, the Senate Finance Committee released a Description of the Chairman’s Mark of the “Tax Cuts and Jobs Act” and on November 14, 2017, the Senate Finance Committee released a Description of the Chairman’s...more

House of Representatives Passes the Tax Cuts and Jobs Act (H.R. 1); Senate Finance Committee Approves Modified Version; Comparison...

by Proskauer - Tax Talks on

Yesterday afternoon, the House of Representatives passed the Tax Cuts and Jobs Act (H.R. 1) (the “House bill”). The House bill is identical to the draft bill approved by the House Ways and Means Committee on November 10. Late...more

A Moving Target: Tax-Qualified Plans and Other Employee Benefits

The House and Senate propose changes to the tax rules governing retirement plans and other employee benefits. House passes the Tax Cuts and Jobs Act with substantive changes to the tax rules affecting retirement plans and...more

US Employers Hiring In Canada – The Basics Part I: Good Bye Employment At-Will; Hello Entitlements

by Fisher Phillips on

Fisher Phillips’ International Employment Practice Group routinely counsels employers that are planning to move into the Canadian employment market (or have done so already without the requisite due diligence). In these...more

Plan Administrators’ 2017 Year-End Checklist

by Williams Mullen on

Plan administrators should review the following actions to be taken before the end of 2017 and focus on what to expect for 2018. The attached checklist addresses plan amendments, notices and other considerations for qualified...more

ACA employer mandate penalty letters are on the way

by Bricker & Eckler LLP on

The IRS has recently taken affirmative steps towards assessing the Affordable Care Act (ACA) employer mandate penalties, which are set to begin before the end of 2017. The agency has updated its website with information...more

Beware: IRS To Begin Issuing ACA Employer Shared Responsibility Payment Penalty Notices

The IRS has announced its next steps regarding the Employer Shared Responsibility Payments (the “ESRPs”), which are the ACA penalties assessable to “Applicable Large Employers” for failing to provide affordable health care...more

The Art of Reduction: OPEB Costs, Commitments

by Best Best & Krieger LLP on

California’s gap between promised employee benefits and available cash is wide and ever expanding. Ballooning pension costs and rising deficits are often in the spotlight. But commitments that California’s governing bodies...more

Bill 177, Stronger, Fairer Ontario Act (Budget Measures), 2017: Pension Issues

On November 14, 2017, the Ontario government released its 2017 Ontario Economic Outlook and Fiscal Review and introduced Bill 177, Stronger, Fairer Ontario Act (Budget Measures), 2017 (Bill 177), which looks to amend the...more

Employer Mandate Penalty Letters from the IRS Are on the Way

by Jones Day on

In the next few months, the IRS will begin sending letters notifying employers that they may owe a penalty for failing to offer health coverage under the Affordable Care Act's Employer Mandate for the 2015 calendar year. The...more

Labor Secretary Discusses DOL Priorities During House Committee Hearing

by Littler on

Labor Secretary Alexander Acosta fielded a range of questions on the DOL's priorities during a November 15 hearing before the House Committee on Education and the Workforce. Although members of the Committee inquired about...more

Fourth Circuit Affirms Health Care Fraud Convictions for Billing Insurers for Medically Unnecessary Services

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Fourth Circuit found that the medical necessity of a given service constitutes a material element of representations regarding submissions for payment, potentially providing payors with another legal...more

Best Strategies for Outsourcing Benefit Plan Services

Include all necessary interested parties in the process. This means including individuals with decision-making authority from Human Resources, Benefits, Labor Relations (if applicable), Finance, Payroll, and Legal. A...more

The Senate Finance Committee’s proposal for tax reform, and how it compares with the bill passed by the House Committee on Ways &...

by Proskauer - Tax Talks on

UPDATE: The Senate Finance Committee last night released a revised version of the Chairman’s Mark of the Tax Cuts and Jobs Act. We are reviewing these changes and will release an update soon... On Thursday, November 9, the...more

Can Gig Businesses Offer Benefits To Their Workers? Recent Developments May Shed Light On Answer

by Fisher Phillips on

There are obvious “benefits” to participating in the gig economy: Gig companies get to use as little or as much labor as they need. Gig workers are able to work at their chosen capacity. And customers get new products and...more

Proposed Tax Cuts and Jobs Act Would Send Executive Compensation Back to the Stone Age

by K&L Gates LLP on

The Tax Cuts and Jobs Act, as initially proposed by the U.S. House of Representatives on November 2, 2017, includes provisions that would dramatically impact many common incentive and deferred compensation programs, including...more

Tax Reform Proposal Nixes Favorable Tax Treatment of Several Employee Benefits

by McNair Law Firm, P.A. on

On November 3, 2017, House Ways and Means Committee Chairman Brody began the legislative consideration of Tax Reform by releasing an amendment (in the nature of a substitute) to the Tax Reform and Jobs Act (H.R. 1 hereinafter...more

District Court Applies Texas Ban on Discretionary Clauses in Insurance Contracts

A federal district court in Louisiana upheld a Texas state law prohibiting insurers from granting themselves discretion to interpret benefit plans when deciding benefit claims. These so-called “discretionary clauses” are...more

Ninth Circuit Considers Pre-Appeal Conduct in Plan’s Request for Appellate Attorney’s Fees

The Ninth Circuit ruled that a district court erred by failing to consider the entire course of the litigation when analyzing a request for attorney’s fees under ERISA and remanded the case for a calculation of fees. A plan...more

Pension Alert - November 2017

by Hogan Lovells on

Hogan Lovells pension group is delighted to send you our September e-newsletter. Topics covered include, an update on VAT, PPF deadlines, pension liberation and Pension Ombudsman cases on increases to deferred pensions and...more

Top Five Takeaways from Hogan Lovells Sovereign Investment Conference and a Tax List

by Hogan Lovells on

On 26 October, Hogan Lovells hosted its inaugural Sovereign Investor Conference where investment professionals as well as deal and regulatory lawyers discussed the key issues facing government-sponsored investors. Topics they...more

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