An employer can contest a withdrawal liability assessment and ultimately prevail. That is the moral of Bulk Transport Corp. v. Teamsters Union No. 142 Pension Fund, No. 23-1563 (7th Cir. Mar. 22, 2024).
Articles about the Employee Retirement Income Security Act (ERISA) and other issues relating to employee benefit topics
Compliance Corner: Determining Full-Time Employees for the ACA’s Employer Mandate
Federal District Court Provides Important (and Employer-Friendly) Reminders for ERISA Plan Document Requests
Don’t Set It & Forget It: Keeping up Your Fiduciary Committee
It’s hard to believe that 2024 is well underway! That means it’s a perfect time to think about an issue that might get lost in the summertime and (dare I already say) year-end shuffles: fiduciary committees.
ERISA imposes fiduciary duties on those considered a fiduciary under an ERISA-covered plan. Generally,
What Manufacturers Sponsoring Pension Plans Should Know About Class Actions Challenging Plan Assumptions
An enduring wave of novel class actions challenging the actuarial assumptions used to calculate certain pension benefits has prompted many sponsors of defined benefit pension plans to evaluate their plan’s terms for calculation various forms of benefits. In total, nearly 30 cases have been filed to date. Several of these suits are against manufacturers.
Ice Ice Baby: Developments Around IVF Benefits
A recent Alabama Supreme Court case, LaPage v. Center for Reproductive Medicine, has made headlines and raised questions about the legal implications of providing in vitro fertilization (IVF) benefits. During IVF, eggs are fertilized outside the body to create an embryo, and in the case at hand, the parents sued
ACA-Required Coverage of Contraceptive Care Remains Agency Focus
Once again, the U.S. Departments of Labor, Health and Human Services, and the Treasury have issued guidance on the Affordable Care Act’s (ACA) required coverage of contraception without cost sharing, clarifying the permitted use of reasonable medical management techniques to set coverage limitations on contraceptive care.
The DOL Issues New Guidance on PLESA
The SECURE 2.0 Act of 2022 had many retirement plan provisions, including the pension-linked emergency savings account (PLESA) that lets workers contribute money to an account in a defined contribution plan that can be used to cover unforeseen financial hardships. In consultation with the Treasury Department and the IRS, the
PLESA, Can I Have Some More?
The SECURE 2.0 Act of 2022 had many retirement plan provisions, including the pension-linked emergency savings account (PLESA) that lets workers contribute money to an account in a defined contribution plan that can be used to cover unforeseen financial hardships. In consultation with the Treasury Department and the IRS, the
Federal Regulators Unveil Revised Final Guidance for Healthcare Cybersecurity and HIPAA Compliance
On February 14, 2024, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) and the National Institute of Standards and Technology (NIST) published a new, final version of their guidance for regulated healthcare entities to follow to improve cybersecurity and compliance with the Health Insurance
Compliance Corner: ERISA Fiduciary Duties (Part 2)
Sponsoring a Group Health Plan for Employees? What Employers Need to Know About the Consolidated Appropriations Act
Employers sponsoring group health plans must understand and comply with new requirements imposed by the Consolidated Appropriations Act. On the plus side, the new compliance requirements can provide sponsors with valuable insights into the operation of their group health plans. To avoid potential liabilities, however, sponsors should act proactively to
You Don’t Have To Go Home, But You Can’t Stay Here
It’s 2024, which means a new batch of provisions from SECURE Act 2.0 have gone into effect. One of the more significant ones is an increase in the “cashout” limit that a qualified plan can impose to kick former employees with small balances out of their plans.
The cashout limit
As We Turn to a New Year, What Leave Benefits Are Employers Offering in 2024? Mental Health Benefits Top the List
Do you, by chance, offer your employees “Paw-ternity” leave?
More seriously, how about NICU leave?
With the ever-increasing reality that the federal government will offer no lifeline to streamline the ever-growing list of states mandating employee paid leave, employers have decided to take the lead, leading to a new wave
Downstream Breaches Cause Headaches for Healthcare Providers, as State AG Seeks Law Change to Require AG Notification
For healthcare providers and health systems covered by the privacy and security regulations under the Health Insurance Portability and Accountability Act (HIPAA), a breach of unsecured protected health information (PHI) likely triggers obligations to notify affected individuals, the federal Office of Civil Rights (OCR), potentially the media and other entities.