Section Newsletters

Articles on Employee Benefits

Postmortem QDROs-May benefits be divided after death? By William L. Scogland & Mark A. Berggen Employee Benefits, June 2004 Issues 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 accounts By Michael Todd Scott Employee Benefits, June 2004 On 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.
International Union of United Auto., Aerospace and Agric. Implement Workers of America v. Rockford Powertrain, Inc.: The Seventh Circuit determines that “lifetime” welfare benefits to retirees are subject to termination under a reservation of right By Greg Madden Employee Benefits, May 2004 Seventh Circuit issued its decision in International Union of United Auto., Aerospace and Agric. Implement Workers of America v. Rockford Powertrain, Inc., 350 F.3d 698 (7th Cir. 2003), in which the Seventh Circuit addressed whether a district court erred in granting summary judgment in favor of an employer on the issue of whether the employer was contractually obligated to maintain retirement benefits for the life of its retirees and their surviving spouses.
Noisy withdrawal and its implications for the employee benefits lawyer By Julie A. Govreau Employee Benefits, May 2004 In 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 taxes Business Advice and Financial Planning, May 2004 Publisher'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 cases By Teresa Faherty Blomquist Employee Benefits, May 2004 1. 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 strategy By Randy L. Gegelman & Amy Seidel Corporate Law Departments, February 2004 A significant number of multinational corporations have implemented broad-based stock ownership arrangements extending to their foreign employees.
Rev. Proc. 2003-44: A brand new tomorrow for correcting disqualifying failures* By Kathryn J. Kennedy Employee Benefits, February 2004 The Service's recently released Rev. Proc. 2003-44 is a welcome addition for employee benefits practitioners and for plan sponsors of qualified retirement and profit-sharing plans.
The mutual fund scandals and your retirement plans By Ned Othman Corporate Law Departments, January 2004 Daily 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.
Rev. Proc. 2003-44: A brand new tomorrow for correcting disqualifying failures* By Kathryn J. Kennedy Employee Benefits, January 2004 The Service's recently released Rev. Proc. 2003-44 is a welcome addition for employee benefits practitioners and for plan sponsors of qualified retirement and profit sharing plans.
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.

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