Section Newsletter Articles on Employee Benefits

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.
DOL issues groundbreaking fiduciary investment rules By Maria Hiltunen and Ken Sachs Employee Benefits, May 2016 On April 6, 2016, the Department of Labor (DOL) released its long-awaited conflict of interest final rule imposing fiduciary standards on investment professionals regarding their relationships with retirement plan participants, IRA participants and related fiduciaries.
IRS issues proposed regulations regarding applicability of normal retirement age to governmental pension plans By Bernard G. Peter and Kal Goren Employee Benefits, May 2016 In a change that would impact government employers with retirement plans, the IRS has proposed a rule to address whether the normal retirement age under a governmental plan satisfies the requirements to preserve tax-qualified status.
IRS retirement plan limitations for 2016 By Bernard G. Peter Employee Benefits, December 2015 A look at the new limitations and a table of previous years' limitations for comparison purposes.
IRS retirement plan limitations for 2016 By Bernard G. Peter Corporate Law Departments, December 2015 A look at the new limitations and a table of previous years' limitations for comparison purposes.
Now trending: The myRA By Roman A. Basi and Marcus S. Renwick Employee Benefits, December 2015 There is a new retirement program available now, and employers are not required to participate.
Proposed EEOC wellness program regulations reduce regulatory anxiety; Compliance complexity remain By Derek A. Schryer Employee Benefits, October 2015 A look at the EEOC's proposed regulations.
Paid sick time laws sweep the nation By Jenni Field Employee Benefits, April 2015 Employers with locations in multiple jurisdictions with paid sick leave laws will have to craft separate sick leave policies for each location.
Federal case update By Michael Bartolic Employee Benefits, January 2015 Recent cases of interest.
2015 retirement plan limitations By Bernard G. Peter Corporate Law Departments, December 2014 The complete list of the IRS 2015 dollar limitations for benefits, compensation and contributions.
Smith v. Aegon Companies Pension Plan: Enforceability of venue selection clauses By Nancy G. Ross and Samuel P. Myler Employee Benefits, December 2014 While some district courts, such as the Northern District of Illinois in Coleman v. Supervalu, Inc. Short Term Disability Program have agreed with plan participants that venue selection clauses are inconsistent with ERISA, the Sixth Circuit’s recent 2-1 decision in Smith v. Aegon Companies Pension Plan lends strong support for the prevailing view among the district courts that such clauses are enforceable.
Constitutional challenges made to the Pension Reform Act By Aaron B. Maduff Labor and Employment Law, October 2014 This article starts with a discussion of the state of the law prior to the Constitutional Convention of 1970 and what led to the addition of the Pension Protection Clause in the Illinois Constitution. It then proceeds to discuss the various challenges made to the law, and finally provides an update on the status of the suits, including the order of injunctive relief entered by the Court on May 14, 2014.
Employer reporting requirements finalized By Joy Sellstrom Employee Benefits, June 2014 A discussion of the Department of Treasury's published final rules addressing two reporting requirements under the Affordable Care Act.
Extension and clarification of expatriate health plan exception under ACA By Janel Brynda Employee Benefits, June 2014 Global employers with mobile employees may be able to take advantage of the “expatriate health plan” exception to exclude certain employees for purposes of determining the “pay or play” penalty under the Affordable Care Act.
Pro bono legal opportunities By Bernard G. Peter Corporate Law Departments, June 2014 The author outlines various projects that need your help! 
New rules, continued non-compliance: Protecting business owners and plan participants in the changing 401k plan climate By Kurt Winiecki Employee Benefits, May 2014 A look at some of the common non-compliance issues related to 401k plans, including new fee disclosure rules that are often ignored.