Types of retirement plansBy Bernard G. PeterEmployee Benefits, October 2016A look at the different types and characteristics of retirement plans.
2015 Affordable Care Act form 1094 and 1095 deadlines extendedBy Maria Hiltunen & Kal GorenEmployee Benefits, May 2016In 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 regulationsBy William H. MayerEmployee Benefits, May 2016Applicable 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 rulesBy Maria Hiltunen & Ken SachsEmployee Benefits, May 2016On 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 retirement plan limitations for 2016By Bernard G. PeterCorporate Law Departments, December 2015A look at the new limitations and a table of previous years' limitations for comparison purposes.
IRS retirement plan limitations for 2016By Bernard G. PeterEmployee Benefits, December 2015A look at the new limitations and a table of previous years' limitations for comparison purposes.
Now trending: The myRABy Roman A. Basi & Marcus S. RenwickEmployee Benefits, December 2015There is a new retirement program available now, and employers are not required to participate.
Paid sick time laws sweep the nationBy Jenni FieldEmployee Benefits, April 2015Employers with locations in multiple jurisdictions with paid sick leave laws will have to craft separate sick leave policies for each location.
Federal case updateBy Michael BartolicEmployee Benefits, January 2015Recent cases of interest.
2015 retirement plan limitationsBy Bernard G. PeterCorporate Law Departments, December 2014The complete list of the IRS 2015 dollar limitations for benefits, compensation and contributions.
Smith v. Aegon Companies Pension Plan: Enforceability of venue selection clausesBy Nancy G. Ross & Samuel P. MylerEmployee Benefits, December 2014While 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 ActBy Aaron B. MaduffLabor and Employment Law, October 2014This 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 finalizedBy Joy SellstromEmployee Benefits, June 2014A 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 ACABy Janel BryndaEmployee Benefits, June 2014Global 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 opportunitiesBy Bernard G. PeterCorporate Law Departments, June 2014The author outlines various projects that need your help!
Pension reliefBy Douglas A. DarchEmployee Benefits, February 2014Illinois state pension law is a complex web of built-in extra benefits that costs taxpayers billions. In Hooker v. Retirement Board, the Supreme Court limited eligibility for one of those extra benefits.
SB1 Pension ReformBy Lori Cowdrey Benso & John LowderEmployee Benefits, February 2014A closer look at the changes.
A summary of the anti-cutback ruleBy Patrick M. ColganEmployee Benefits, February 2014A brief overview of some of the components that have been included in a court’s analysis of the anti-cutback rule including examples of that analysis.
Federal caselaw updateEmployee Benefits, September 2013Recent federal cases of interets to employee benefits practitioners.
Federal successor liability under ERISA and the MPPAABy Donald S. Rothschild & Brian M. DoughertyLabor and Employment Law, July 2013This article will explore the history of ERISA and the MPPAA, how successor liability has evolved under federal law and what needs to be proven in order to hold a successor company liable for withdrawal liability.
Is an Illinois resident’s inherited IRA protected from bankruptcy creditors?By David F. Rolewick & Justin J. KarubasTrusts and Estates, July 2013There is a split in the circuits regarding whether or not inherited IRAs are protected from bankruptcy creditors. The Fifth Circuit has held that a Texas resident’s inherited IRA is protected from bankruptcy creditors. The Seventh Circuit has held that a Wisconsin resident’s inherited IRA is not protected from bankruptcy creditors. Both Wisconsin and Texas have not opted out of the bankruptcy exemptions. Therefore, federal bankruptcy exemptions apply.