Governor signs Pension Reform BillBy Michael J. HernandezEducation Law, June 2005The Governor has signed Senate Bill 27 into law. Among other things, SB 27 extends the teachers' Early Retirement Option (ERO).
Impact of bankruptcy reform legislation on qualified retirement savings plan exclusions/exemptionsBy Mark A. BogdanowiczEmployee Benefits, June 2005This is an overview of the state of the law as to exemptions covering employee benefits under the Bankruptcy Code of 1978 and how these provisions will be affected under the recent bankruptcy reform legislation, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 ("BAPCA").1
IRS proposes regulations on designated Roth contributions to 401(k) plansBy Alec Dike & Francis GrealyCorporate Law Departments, May 2005The IRS has issued proposed amendments to the 401(k) and (m) regulations that would provide guidance on designated Roth contributions under Internal Revenue Code Section 402A, added by the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA).
Automatic rollover rulesBy Richard F. SkweresEmployee Benefits, March 2005Many retirement plans have rules that provide for automatic distributions to terminated participants or beneficiaries when the benefits are less than $5,000.
Employee benefits updateBy Thomas Vasiljevich & Elizabeth A. WardFederal Taxation, March 2005On October 22, 2004, President Bush signed into law the American Jobs Creation Act of 2004 ("AJCA") which added Section 409A to the Internal Revenue Code of 1986, as amended, (the "Code").
Federal caselaw updateBy David R. ShannonEmployee Benefits, March 2005"Sandbagging": LTD claimant was not provided access to independent medical examiner's report, which served as basis of denial of benefits, until after plan's decision.
IRS issues guidance on new nonqualified deferred compensation rulesBy J. Paul JacobsonCorporate Law Departments, January 2005On December 20, 2004, the IRS released Notice 2005-1, containing guidance on new Internal Revenue Code Section 409A, which accelerates income taxation and imposes penalty taxes on individuals covered by deferred compensation plans that do not comply with its requirements.
Federal caselaw updateBy David R. ShannonEmployee Benefits, December 2004Six weeks after taking early retirement, and after he had been assured by his employer that there would be no special separation packages offered to departing employees, ComEd offered a special separation package to certain employees.
New rules ahead for nonqualified plansBy Ann Marie BrehenyCorporate Law Departments, December 2004President Bush signed the American Jobs Creation Act (H.R.4520) into law on October 22, 2004.
Recap of 2004 guidance on Health Savings AccountsBy Jennifer WaltonEmployee Benefits, December 2004Health Savings Accounts (HSAs) were created in the Medicare bill signed on December 8, 2002 by President Bush and outlined in his State of the Union speech.
Supreme Court limits remedies available to managed care plan participantsBy Anthony E. AntognoliYoung Lawyers Division, August 2004In a unanimous decision, the Supreme Court of the United States recently ruled that participants in managed care health plans, such as Health Maintenance Organizations ("HMOs"), may not sue their plans in state court for injuries they allege to have been caused by a plan's negligence in handling coverage decisions.
Federal Legislative Report-May 31, 2004Employee Benefits, June 2004Allows the U.S. Department of Defense to pay the COBRA premiums of certain military reservists called to active duty, and their dependents.
Health Savings Accounts: Are they ERISA-covered plans?By Raelene LaPlanteEmployee Benefits, June 2004New federal legislation offers potential benefits to both individuals and employers in the form of health savings accounts ("HSAs").
The mutual fund scandals and your retirement plansBy Ned OthmanEmployee Benefits, June 2004Daily news reports headline that federal and state law enforcement officials, including New York Attorney General Eliot Spitzer, are investigating trading practices at a number of the nation's leading mutual fund companies.
Postmortem QDROs-May benefits be divided after death?By William L. Scogland & Mark A. BerggenEmployee Benefits, June 2004Issues regarding the qualification of postmortem domestic relations orders ("DROs") continue to exist as a unified approach among the United States Circuit Courts of Appeals has yet to be made clear to benefit law practitioners.
QDRO processing costs can be allocated to individual accountsBy Michael Todd ScottEmployee Benefits, June 2004On May 19, 2003, the Department of Labor (DOL) issued Field Assistance Bulletin 2003-3 to address the allocation of certain defined contribution plan expenses among participant accounts.
Noisy withdrawal and its implications for the employee benefits lawyerBy Julie A. GovreauEmployee Benefits, May 2004In response to the scandals that shook the foundations of the corporate world and severely compromised public confidence in the private sector, Congress in 2002 passed The American Competitiveness and Corporate Accountability Act of 2002, better known as the Sarbanes-Oxley Act.
Retirement plans, insurance and taxesBusiness Advice and Financial Planning, May 2004Publisher's note: In response to "The 70-80 percent tax trap: How to help clients avoid the double taxation of money in their qualified plan or IRA," which appeared in the last issue of The Counselor, a reader noted that the IRS has since issued guidance to shut down what it considers "abusive transactions" involving specially designed life insurance polices in retirement plans (so-called "section 412(i) plans").
Summary of recent federal casesBy Teresa Faherty BlomquistEmployee Benefits, May 20041. ADEA gives age discrimination reprieve. Follow-up to Erie County Retirees Association v. Erie County, 3d Cir., No. 99-3877, 8/1/00.
International stock ownership as a benefits strategyBy Randy L. Gegelman & Amy SeidelCorporate Law Departments, February 2004A significant number of multinational corporations have implemented broad-based stock ownership arrangements extending to their foreign employees.
The mutual fund scandals and your retirement plansBy Ned OthmanCorporate Law Departments, January 2004Daily news reports headline that federal and state law enforcement officials, including New York Attorney General Eliot Spitzer, are investigating trading practices at a number of the nation's leading mutual fund companies.