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Our Employee Benefits & Executive Compensation Group provides a recap of the issues of most importance to employer sponsors of health benefit plans and how they are addressed in the current version of the American Health Care Act.
March 20, 2017
Advisories
 As a general matter, a participant bears the burden of proving his entitlement to benefits. This makes sense in cases in which the participant has “better—or at least equal—access to the evidence to prove entitlement,” such as in the case of proving qualification for disability benefits.But what happens when the company or employer solely controls the information that determines entitlement? Must a former employee who quit working for the company more than 25 years ago decipher the corporate structure of his former employer without access to necessary documents? Should he have saved all of his pay stubs on the off chance that his employer would demand proof that he worked the requisite number of hours to obtain a pension? Or should the company or employer bear this burden?
Spring 2017
General Publications
At the end of the 2016, the U.S. Department of Labor issued an information letter regarding TIAA’s, a financial services company, "Income for Life Custom Portfolios" (ILCP) that concluded that the ILCP did not meet the requirements to be a qualified default investment alternative (QDIA) under the Employee Retirement Income Security Act of 1974. The ILCP, a custom target-date model that allocates investment funds to a fixed guaranteed annuity (annuity sleeve) and provides a guaranteed return element to the portfolio and the option of guaranteed lifetime income at retirement, contains certain liquidity and transferability restrictions that fail the frequency of transfer requirement described in paragraph (c)(5)(i) of the regulation.
February 13, 2017
General Publications
This article surveys recent developments in employee benefits law from Fall 2015 through Fall 2016.
Winter 2017
General Publications
Our Employee Benefits & Executive Compensation Group explores a provision of the 21st Century Cures Act that offers certain small employers a new type of health reimbursement arrangement.
December 29, 2016
Advisories
This article surveys recent developments in employee benefits law from Fall 2014 through Fall 2015.
Winter 2016
General Publications
The Internal Revenue Service on November 4 issued Notice 2016­67, which says that a pension equity plan (sometimes referred to as a "PEP") is subject to the hybrid plan market rate of return rules only if the plan explicitly provides interest credits to participant accounts.
November 23, 2016
General Publications
Our Employee Benefits & Executive Compensation Group reminds plan sponsors to get ready for 2016 IRS year-end amendments.
November 21, 2016
Advisories
The road to health plan compliance has never been straight and narrow, but it has become more winding over the years, due in large part to the Affordable Care Act (ACA).
November 2016
General Publications
Our Employee Benefits & Executive Compensation Group reviews the multiple year-end notices that defined contribution plans must issue to participants.
November 7 , 2016
Advisories
This article evaluates some of the risks and rewards of private plan use of electronic payment cards to pay periodic benefits payments. It also discusses issues plan sponsors should consider as they contemplate switching from paper to plastic. Although the focus is on defined benefit pension payments from ERISA plans, the principles discussed can be extended to most periodic benefit payments.
Autumn 2016
General Publications
Our Employee Benefits & Executive Compensation Group summarizes the scope of the Department of Labor’s new fiduciary rules and the main areas where a plan sponsor will see an impact due to these new rules.
October 26, 2016
Advisories
Welcome to the latest edition of Class Action Roundup, highlighting developments in class action litigation from the second quarter of 2016
Summer 2016
General Publications
Our Employee Benefits & Executive Compensation Group offers a Q&A on new nondiscrimination rules from the Office of Civil Rights and the Office of Federal Contract Compliance Programs.
October 18, 2016
Advisories
Our Employee Benefits & Executive Compensation Group offers a GPS for sponsors and administrators of wellness programs to navigate compliance with new rules for the Americans with Disabilities Act and Genetic Information Nondiscrimination Act.
October 10, 2016
Advisories
A recent white paper from the Pension Research Council at Wharton/Vanguard found the vast majority of 401(k) loan defaults go unreported because they are not separately detailed on the Federal Tax Form 5500. This study estimates losses of $6 billion annually of so called leakage, as 86 percent of separated employees default on their loans. What wasn’t included in the study is even more alarming: the vast majority of participants cash out the remainder of their account upon default, wiping out an estimated $30 billion each year in retirement savings.
October 2016
General Publications
The Department of Labor has turned its attention to MHPAEA compliance. Our Employee Benefits & Executive Compensation Group covers this unnoticed terrain and warns employers and insurers to take heed.
September 27, 2016
Advisories
Now that we know what the Office of Civil Rights requested during its Phase 2 desk audits of covered entities, our Employee Benefits & Executive Compensation Group interprets the data and explains what it means for business associates and future auditees.
August 23, 2016
Advisories
With the Office for Civil Rights beginning its Phase 2 HIPAA Audit Program, now is the time to look at your health plan’s HIPAA compliance. Our Employee Benefits & Executive Compensation Group explains why an ounce of prevention can go a long way.
April 8, 2016
Advisories
Our Employee Benefits & Executive Compensation Group provides a Q&A on the Affordable Care Act’s anti-retaliation provisions and potential concerns related to shifting employees to part-time hours.
April 5, 2016
Advisories
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