News & Analysis as of

Employee Benefits Beneficiary Designations

Carlton Fields

Medical Incapacity Does Not Toll Life Insurance Conversion Period

Carlton Fields on

A plan administrator did not abuse its discretion in concluding that a former employee’s surviving spouse was not entitled to life insurance benefits under an employee benefit plan. In Hayes v. Prudential Insurance Company of...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Be a nice family member, get your beneficiary forms in order

I hate death, I hate talking about death, the whole point of living is not dying. Yet, when it comes to setting things rights, I’ve done the best I can in terms of drafting a will and keep beneficiary forms up to date....more

Ruder Ware

IRS Releases Publication on RMDs for Inherited Retirement Benefits (and, of course, creates confusion)

Ruder Ware on

Ruder Ware’s Trusts & Estates blog has featured several posts (for example, Call to Action: Review Your Estate Plan in Light of the SECURE Act and Why SECURE Act Matters to You) on the SECURE Act, a federal law effective...more

Hinshaw & Culbertson - The LHD/ERISA Advisor

The LHD/ERISA Advisor - October 2020: ERISA Plaintiff Has Statutory Standing to Bring Action to Recover Spousal Healthcare...

Plaintiff Doug Heckman participated in Nike's employee welfare benefit plan (the "Plan"), which was funded by UnitedHealthcare Insurance Co. ("UHC"), and included healthcare benefits. Mr. Heckman's wife was covered under the...more

Pullman & Comley, LLC

COVID-19 and Your Retirement Account: Time to Explore Distribution Opportunities?

Pullman & Comley, LLC on

New rules for retirement accounts under the SECURE (Setting Every Community Up for Retirement Enhancement) Act and the CARES (Coronavirus Aid, Relief, and Economic Security) Act, may have a dramatic impact on the optimal...more

Downs Rachlin Martin PLLC

The SECURE Act Changes How Beneficiaries Inherit Retirement Accounts

On December 20, 2019 the “Further Consolidated Appropriations Act, 2020” became law. As part of the Act and in part to pay for the over 1.7 trillion in spending that the Act contemplates, Section “O” sets forth the Setting...more

Bond Schoeneck & King PLLC

IRS Relaxes Rules for Witnessing Certain Retirement Plan Elections, and a Reminder Regarding the Patient-Centered Outcomes...

Temporary Relief from Physical Presence Requirements for Spousal Consent - Under the Internal Revenue Code (Code), certain elections under retirement plans require the consent of a participant’s spouse....more

Morgan Lewis - ML Benefits

Approving QDROs During Court and Government Office Closures

Due to widespread court closures as a result of the coronavirus (COVID-19) pandemic, it may be difficult for participants or their attorneys to obtain a certified copy of a domestic relations order that many retirement plans...more

Farrell Fritz, P.C.

Wills, Trusts & Estates: Plain and Simple – New Retirement Account Rules: Should You Re-Visit Your Estate Planning Documents?

Farrell Fritz, P.C. on

Under the SECURE act, which was passed by Congress just before Christmas, the new starting age to take Required Minimum Distributions (“RMD’s”) from tax-deferred retirement accounts (exs. an IRA, a 401(k), hereinafter “IRAs”...more

Stinson LLP

SECURE Act Impact on Estate Planning

Stinson LLP on

The Setting Every Community Up for Retirement Enhancement (SECURE) Act was made a part of the appropriations bill late in 2019 and was signed into law on December 20, 2019....more

Winthrop & Weinstine, P.A.

The Secure Act

Trusts & Estates attorney Samantha Heaton explains the serious impact of The SECURE Act on estate planning for retirement accounts. The SECURE Act, signed into law on December 20, 2019, has a serious impact on estate...more

Downs Rachlin Martin PLLC

Significant Changes to Required Minimum Distributions from Inherited Retirement Accounts May Affect your Estate Plan

Effective January 1, 2020, the rules regarding distributions from inherited retirement accounts have changed significantly. Under prior law, a so-called “designated beneficiary” of a retirement account could receive...more

Polsinelli

Estate Planning Impact Of The Secure Act

Polsinelli on

The ‘Setting Every Community Up for Retirement Enhancement’ Act (the “SECURE Act”) was signed into law on December 20, 2019 and became effective January 1, 2020....more

Troutman Pepper

Estate Planning Implications of the SECURE Act

Troutman Pepper on

On December 20, 2019, President Trump signed into law the Setting Every Community Up for Retirement Enhancement Act (SECURE Act). The SECURE Act substantially changes the law applicable to IRAs and other retirement vehicles....more

Pullman & Comley, LLC

SECURE Act Modifies Retirement Plan Distribution Rules

Pullman & Comley, LLC on

New legislation impacting retirement plans and their participants was signed into law by President Trump on December 20, 2019. The Setting Every Community Up for Retirement Enhancement Act (the “SECURE Act”) is one of the...more

Poyner Spruill LLP

Estate Planning with Retirement Accounts Under the New SECURE Act

Poyner Spruill LLP on

The SECURE Act has significantly altered the estate planning landscape for qualified retirement accounts, including, but not limited to, Individual Retirement Accounts (“IRAs”), 401(k)s, 403(b)s, 457(b)s, and Roth IRAs...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Congress Looks to Secure Your Retirement Under the SECURE Act

In late December, Congress passed and President Donald Trump signed into law the Setting Every Community Up for Retirement Enhancement (SECURE) Act, the most sweeping retirement legislation since the Pension Protection Act of...more

ArentFox Schiff

An Overview of Certain Changes Impacting Estate Planning under The SECURE Act

ArentFox Schiff on

The Setting Every Community Up for Retirement Enhancement Act (the SECURE Act) was passed on December 20, 2019, with most of its provisions taking effect as of January 1, 2020. The SECURE Act introduces a number of changes...more

Nutter McClennen & Fish LLP

The End of the Stretch IRA as We Know It: Important Information About the SECURE Act

The Setting Every Community Up For Retirement Enhancement (“SECURE”) Act, which was enacted into law last month, changed the rules governing the payout of inherited retirement benefits and essentially eliminated the “stretch...more

Pullman & Comley, LLC

New Retirement Distribution Rules Begin in 2020: The SECURE Act Giveth and Taketh Away: Pullman & Comley

Pullman & Comley, LLC on

The first important new law impacting retirement distributions in over a decade was enacted on December 20, 2019 as the SECURE Act (“Setting Every Community Up for Retirement Enhancement Act of 2019”). ...more

Ruder Ware

Call to Action: Review Your Estate Plan in Light of the SECURE Act

Ruder Ware on

The federal appropriations bill enacted into law on December 20, 2019 changed federal law in ways that may affect your retirement assets, including 401(k) plans and IRAs. Those changes, often referred to as the “SECURE Act,”...more

Lewitt Hackman

SECURE Act Creates Need for Estate Plan Review

Lewitt Hackman on

Congress recently passed the Setting Every Community Up for Retirement Enhancement Act (SECURE Act, or the “Act”) implementing one of the most substantial pieces of retirement plan legislation in years, into law....more

Conn Kavanaugh

Important Changes in Retirement Planning

Conn Kavanaugh on

The holiday season is always a busy and eventful time, so you may have missed a new law that can impact how you plan for your retirement assets. On December 20, 2019, as part of a more comprehensive appropriations act, the...more

Tucker Arensberg, P.C.

SECURE Act: Significant Changes to Beneficiary Distributions

The SECURE Act – the “Setting Every Community Up for Retirement Enhancement” Act – was signed into law by President Trump on December 20, 2019. The law generally took effect on January 1, 2020....more

Pierce Atwood LLP

Major Changes to Retirement Plans Affect Estate Planning

Pierce Atwood LLP on

On December 20, 2019 the SECURE Act was signed into law, making major changes to retirement planning for persons who die after December 31, 2019. The SECURE Act will impact estate planning with retirement accounts in a number...more

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