Section Newsletters

Articles on Employee Benefits

Allocation of expenses in a defined contribution plan: Pro rata vs. per capita By John Callas Employee Benefits, October 2003 The Department of Labor recently released its third Field Assistance Bulletin (FAB). A FAB is intended to provide guidance to DOL investigators who conduct compliance audits as well as to practitioners who have day-to-day responsibility for compliance with federal laws and regulations.
Debit/credit cards and health plan expense reimbursement By Linda Shashinka Employee Benefits, October 2003 Employers are continuously striving to provide their employees with efficient, understandable, cost-effective health care benefits.
A new concept in retirement plans, the Solo (K) By Dr. Bart A. Basi Young Lawyers Division, October 2003 According to the U.S. Census Bureau, there are currently 17 million self-employed individuals in the United States.
New rules for 204(h) notices By William L. Scogland & Teresa Faherty Blomquist Employee Benefits, October 2003 The Internal Revenue Service's final regulations for 204(h) notices, as such notices were amended by EGTRRA, are examples of subtle changes made to an ERISA rule in reaction to a much more controversial phenomenon, viz., the conversion of traditional defined benefit plans to cash balance plans.
Employment in Ireland: Compensation and benefits issues By David R. Shannon Employee Benefits, July 2003 This is a general survey of compensation and benefit issues that a multinational employer with a presence in Ireland may encounter.
Employee benefits update—Defined benefit pension plan sponsors should be aware of restrictions made relevant by economic conditions By Peter M. Kelley Federal Taxation, June 2003 For large employers, particularly in manufacturing, transportation and utility businesses, rumors of the demise of defined benefit plans have been greatly exaggerated.
Reinsuring employee benefit plan risks through a captive By Michael Lusk & Michael Todd Scott Corporate Law Departments, June 2003 Since the Department of Labor approved a prohibited transaction exemption for Columbia Energy Corporation in 2000, there has been an increased interest from employers in reinsuring employee benefit plan risks through their captives
Case summaries By Kyle Murray Employee Benefits, April 2003 Hackett suffered from a personality disorder, making it difficult for him to interact with co-workers.
Federal case updates By Milan Kim Employee Benefits, April 2003 Jebian was a participant in Hewlett's ERISA plan, which was run by Voluntary Plan Administrator (VPA), an independent claims administrator.
Corporate accountability law affects retirement plans, executive compensation Corporate Law Departments, February 2003 On July 30, President Bush signed the Sarbanes-Oxley Act of 2002--a corporate accountability and accounting reform law prompted by the business scandals of recent months.
Chicago Bar Association, YLS Estate Planning Committee seminar By Vigmalia Medero Perez Employee Benefits, January 2003 On October 2, 2002, the Chicago Bar Association, YLS Estate Planning Committee hosted a seminar called Individual Retirement Accounts: What You Need To Know When Creating an Estate Plan for Your Client.
The John Marshall Law Review Symposium: Expert panelists discuss the future of employee benefits law By Milan Kim Employee Benefits, January 2003 On October 11, 2002, the John Marshall Law School held a law review symposium entitled: The Future of Employee Benefits Law.
ERISA preemption and beneficiaries of non-probate assets after divorce By Edward J. Mitchell Elder Law, December 2002 Under Illinois law, a divorced spouse is presumed to have predeceased her ex-spouse for purposes of receiving a legacy or other interest under a will. See 755 ILCS 5/4-7.
ERISA remedial powers and plan reimbursement claims By Michael J. Marovich Civil Practice and Procedure, December 2002 Any attorney practicing in the field of personal injury law inevitably faces claimed rights to reimbursement from an injured party's health insurance company.
Federal employee benefits case law review By Amy L. Pauls & Milan Kim Employee Benefits, December 2002 Lessard v. Applied Risk Management; MMI Companies; Professional Risk Management, No. 01-15648 (9th Cir. filed Oct. 3, 2002). Lessard was on medical leave the day her employer completed a sale of all of its assets to another corporation.
Underfunded defined benefit plans: The end of the pension holiday By Teresa Faherty Blomquist Employee Benefits, December 2002 A line from Hamlet describes the uneasy juxtaposition of a wedding party and a funeral: "The funeral bak'd meats / Did coldly furnish forth the marriage tables."
Primer on qualified plans and IRA distribution rules updated for the 2002 IRS final regulations* By Kathryn J. Kennedy Employee Benefits, November 2002 As the baby boomer generation approaches retirement, they are discovering that the bulk of their wealth resides in qualified retirement plans and IRAs.
ERISA preemption and healthcare in the post-Moran world By Teresa Faherty Blomquist Employee Benefits, October 2002 A series of judgment calls in Rush Prudential HMO, Inc. v. Moran 536 U.S. ____ (2002) led the Supreme Court to an ultimate decision last June that diminishes ERISA's preemption of state laws and weakens the ability of HMOs in Illinois to manage their costs.
Federal employee benefits case law review By Amy L. Pauls Employee Benefits, October 2002 A former participant in a collectively bargained pension fund was properly denied benefits for engaging in prohibited self-employment after retirement.
Have you thought about… By Margaret M. Benson Employee Benefits, October 2002 In 1974, Congress gave birth to ERISA. For 28 years, attorneys, legislators, accountants, judges and consultants have had a hand in raising her, variously protecting, shepherding and influencing her.
What your colleagues are reading Employee Benefits, October 2002 A request to members for favorite Employee Benefits resources resulted in the following:
Case law update and review By Amy L. Pauls Employee Benefits, May 2002 In this case, the Seventh Circuit Court of Appeals found that the district court for the Northern District of Illinois had incorrectly held that a funeral home owner had expressly agreed to be bound by a multi-employer plan.
Case law update and review By Stepfon R. Smith Employee Benefits, May 2002 In this accountant malpractice action, the plaintiffs, to their detriment, relied upon professional tax accounting advice for retirement planning purposes from defendant Deloitte & Touche.
Example section 404(c) Notice to participants and beneficiaries regarding self-directed investment accounts Employee Benefits, May 2002 Under this Plan, you may exercise control over the assets held in your account under the Plan.
To our readers Employee Benefits, May 2002 Our fourth newsletter of the 2001-2002 year includes two interesting updates regarding recent case law that pertains to employee benefit plans and retirement programs.
Controlled group liability for withdrawal liability from multi-employer pension plan ends at U.S. borders By Brian K. Wydajewski Employee Benefits, January 2002 On March 6, 2001, the U.S. Supreme Court denied a request for review and let stand a decision of the U.S.
State legislative update By Lori C. Skinner Employee Benefits, January 2002 Senate Bill 866--Amends the Illinois Insurance Code and the Health Maintenance Organization Act to provide that coverage under those Acts for mastectomies must include reconstruction of the subject breast, as well as the other breast, to achieve a symmetrical appearance.
To our readers Employee Benefits, January 2002 Our third newsletter of the 2001-2002 year includes an interesting article regarding a recent decision of the U.S.
Employee Benefits Section Council review of recent cases and IRS matters By Kevin J. Richter Employee Benefits, December 2001 In Gilliam v. United Parcel Service, Inc., 7th Cir. No. 99-3942 (11/29/00) the Seventh Circuit found that the Defendant, United Parcel Service, did not violate the Family and Medical Leave Act by firing a worker.
To our readers Employee Benefits, December 2001 Our second newsletter of the 2001-2002 year includes an interesting update regarding recent case law and a review of several Announcements, Notices, Revenue Procedures, and Revenue Rulings from the Internal Revenue Service that pertain to employee benefit plans and retirement programs.

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