Publications

Section Newsletter Articles on Employee Benefits

Briefing lessons from the Fourth Circuit’s decision to vacate award in withdrawal liability dispute By Douglas A. Darch and Alexis Hawley Employee Benefits, April 2018 Corporations that plan to acquire—or make a practice of acquiring—other entities with the intent of retaining part of the target and selling the remainder should heed the lessons of Penske Logistics LLC v. Teamsters Local 557.
FMLA FAQ: If an employee racks up both FMLA and unexcused absences, can she be terminated? By Jeff Nowak Employee Benefits, April 2018 The Court’s decision to dismiss the employee's FMLA claims was made easy because the employer was meticulous in documenting all of her absences.
Meet my new dog, “M-1” By Brian T. Whitlock Employee Benefits, April 2018 Like most family dogs that patrol the base of the family dining room looking for table scraps that fall to the floor, a C corporation can accomplish a similar role, especially under the new tax law.
Save the date for JMLS’ Symposium—Designing a Wellness Program Employee Benefits, April 2018 The John Marshall Law School Center for Tax Law and Employee Benefits will hold its 15th Annual Employee Benefits Symposium on April 20.
Employers must prepare for penalty assessments under the Affordable Care Act By Steve Flores Employee Benefits, December 2017 The Internal Revenue Service recently released a set of FAQs and a new form Letter 226J that will be used to alert employers of a penalty under 4980H of the Internal Revenue Code.
Just in time for the holidays, the IRS issues employer mandate tax assessment guidance By Chad DeGroot Employee Benefits, December 2017 The IRS recently updated its FAQ guidance on employer shared responsibility payments under the Affordable Care Act.
New IRS audit guidelines address missing participants and unpaid retirement benefits By Wesley Covert Employee Benefits, December 2017 On October 19, 2017, the Internal Revenue Service (IRS) released guidance for when a plan’s efforts to locate missing participants and beneficiaries should be challenged on audit.
Pension plan and health plan limitations for 2018 By Wesley Covert Employee Benefits, December 2017 In October 2017, the Internal Revenue Service issued Notice 2017-64 and Revenue Procedure 2017-58, containing the cost-of-living adjustments applicable to retirement plan limitations under the Internal Revenue Code and health flexible spending accounts under a Code §125 cafeteria plan and the parking and transit account limits under an Code §132 Transportation Plan.
Update: DOL Proposes Delay to Disability Claims Procedure Rule By Steve Flores Employee Benefits, December 2017 In January 29, 2017 the DOL published a final rule that delays for ninety days—through April 1, 2018—the applicability of the final rule amending the claims procedure requirements for disability-related claims.
Plan audit checklist By Bernard G. Peter Corporate Law Departments, October 2017 A list of the actions that should be taken to determine whether plan operations comply with plan provisions.
ACA & ERISA update By Wesley Covert Employee Benefits, September 2017 To date, the IRS has yet to issue an enforcement letter for the ACA’s Employer Shared Responsibility Mandate (which penalizes large employers that do not offer certain qualifying health coverage to full-time employees).
New paid sick leave and minimum wage raises underway in Chicago and Cook County By Lori A. Goldstein Women and the Law, September 2017 As of July 1, employers with one or more employee must now provide paid sick leave (PSL) to most employees, including temporary and part-time employees.
Saving multi-employer pension plans By Douglas A. Darch Employee Benefits, September 2017 Multi-employer pension plans can be saved and deserve to be saved.
DOL issues final disability claim procedures rules: Employers must act By Steve Flores and Marissa Sims Employee Benefits, June 2017 Employers who sponsor employee benefit plans that provide disability benefits will need to revisit policies and procedures, plan documents, summary plan descriptions and claim-related notices in light of final regulations that apply to claims for disability benefits made on or after January 1, 2018.
Protective plan provisions By Kathryn J. Kennedy Employee Benefits, June 2017 The federal courts have expanded what can be included in the terms of certain plan provisions, with a result that is more favorable, and thus more protective, to plan sponsors in ERISA litigation. This article examines these protective plan provisions.
Court permits fraud claim against hospital based on PPO agreement Employee Benefits, March 2017 A recent decision from the Third District Appellate Court involves a PPO arrangement between the defendant-hospital and an insurer, where the plaintiff was a participant in the PPO plan and received medical services at the hospital.
Final rule on health plan nondiscrimination By William H. Mayer Employee Benefits, March 2017 Gender identity discrimination in health plans may end with the implementation of final regulations under the Patient Protection and Affordable Care Act. This article discusses the federal and state regulations as well as current litigation and other considerations affecting the availability of transgender related services.
Plan audit checklist By Bernard G. Peter Employee Benefits, March 2017 A list of the actions that should be taken to determine whether plan operations comply with plan provisions.
Successor employer creates and then inherits predecessor’s pension withdrawal liability By Douglas A. Darch Employee Benefits, March 2017 Attorneys advising employers in the construction industry would be well served to review the decision in Resilient Floor Covering Pension Trust Fund v. Michael’s Floor Covering and its consequences.
Division of retirement assets series, part II: Issues affecting QILDROs By Veronica A. Silva Employee Benefits, December 2016 The second in a three-part series dedicated to discussing divisions of retirement plan benefits.
A federal proposal to cut state pensions gains political viability By David Amerson Employee Benefits, December 2016 With a rapidly shifting political landscape and increasing desperation among elected officials to address pension shortfalls in an electorally favorable way, proposals such as the Manhattan Institute’s promise to gain traction in the years ahead.
IRS plan limitations for 2017 By Bernard G. Peter Employee Benefits, December 2016 Recently, the IRS issued the updated retirement plan limitations for 2017.
ISBA Corporate Law Section revision to types of retirement plans By Bernard G. Peter Corporate Law Departments, December 2016 This article includes a useful chart to compare defined contribution plans.
Key updates to retirement plan limitations for 2017 By Bernard G. Peter Corporate Law Departments, December 2016 Recently, the IRS issued the updated retirement plan limitations for 2017.
Union trust fund acts arbitrarily by claiming a reversion of benefits By Douglas A. Darch Employee Benefits, December 2016 Attorneys handling the dissolution of marriages will find comfort in a recent decision by Judge Leinenweber, Cingrani v. Sheet Metal Workers’ Local No. 73 Pension Fund,.
Division of retirement assets series, part II: Issues affecting QILDROs By Veronica A. Silva Family Law, November 2016 The second in a three-part series dedicated to discussing divisions of retirement plan benefits.
Plan administrators are obligated to inform claimants of plan-imposed limits for judicial review in denial of claim notices By Patrick Colgan Employee Benefits, October 2016 In Mirza v. Ins. of Am., Inc., The Third Circuit Court of Appeals overturned a district court ruling and held that a plan administrator must include information regarding the plan’s statute of limitations in its claim denial letter.
Types of retirement plans By Bernard G. Peter Employee Benefits, October 2016 A look at the different types and characteristics of retirement plans.
2015 Affordable Care Act form 1094 and 1095 deadlines extended By Maria Hiltunen and Kal Goren Employee Benefits, May 2016 In Notice 2016-4, the Internal Revenue Service (IRS) delayed the deadlines for a number of Affordable Care Act reporting requirements under Internal Revenue Code Sections 6055 and 6056 for the 2015 tax year only. 
Department of Treasury releases final DB funding regulations By William H. Mayer Employee Benefits, May 2016 Applicable for plan years beginning on and after January 1, 2016, the final regulations are substantially the same as the proposed regulations, but there a few changes to consider.

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