Employee Benefits

The newsletter of the ISBA’s Section on Employee Benefits

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2016 Articles

2015 Affordable Care Act form 1094 and 1095 deadlines extended By Maria Hiltunen & Kal Goren May 2016 In Notice 2016-4, the Internal Revenue Service (IRS) delayed the deadlines for a number of Affordable Care Act reporting requirements under Internal Revenue Code Sections 6055 and 6056 for the 2015 tax year only. 
Book review of The Anxious Lawyer: An 8-Week Guide to a Joyful and Satisfying Law Practice Through Mindfulness and Meditation, by Jeena Cho and Karen Gifford By Hon. Edward J. Schoenbaum, Jr. (Ret). December 2016 Reviewer Ed Schoenbaum highly recommends this book, written by two attorneys who have first-hand knowledge of the problems facing us and the fantastic possible rewards of mindfulness practice.
Department of Treasury releases final DB funding regulations By William H. Mayer May 2016 Applicable for plan years beginning on and after January 1, 2016, the final regulations are substantially the same as the proposed regulations, but there a few changes to consider.
Division of retirement assets series, Part I: Marital vs. non-marital – Don’t mix them up! By Veronica A. Silva October 2016 The first in a three-part series dedicated to discussing divisions of retirement plan benefits.
Division of retirement assets series, part II: Issues affecting QILDROs By Veronica A. Silva December 2016 The second in a three-part series dedicated to discussing divisions of retirement plan benefits.
DOL issues groundbreaking fiduciary investment rules By Maria Hiltunen & Ken Sachs May 2016 On April 6, 2016, the Department of Labor (DOL) released its long-awaited conflict of interest final rule imposing fiduciary standards on investment professionals regarding their relationships with retirement plan participants, IRA participants and related fiduciaries.
Employers grappling with new overtime final rule By Mark A. Spognardi October 2016 With the December 1st deadline fast approaching, compounded by election year political maneuverings, there is uncertainty as to whether the final rule will be defunded, overturned, or enjoined before its effective date.
A federal proposal to cut state pensions gains political viability By David Amerson December 2016 With a rapidly shifting political landscape and increasing desperation among elected officials to address pension shortfalls in an electorally favorable way, proposals such as the Manhattan Institute’s promise to gain traction in the years ahead.
An introduction to the Department of Labor’s new Conflict of Interest Rule on Investment Advice By Hilary E. Wild October 2016 This article provides a summary of the Department of Labor’s new Conflict of Interest Rule on Investment Advice, focusing on the Best Interest Contract Exemption and the streamlined Level Fee Fiduciary exception.
IRS issues proposed regulations regarding applicability of normal retirement age to governmental pension plans By Bernard G. Peter & Kal Goren May 2016 In a change that would impact government employers with retirement plans, the IRS has proposed a rule to address whether the normal retirement age under a governmental plan satisfies the requirements to preserve tax-qualified status.
IRS plan limitations for 2017 By Bernard G. Peter December 2016 Recently, the IRS issued the updated retirement plan limitations for 2017.
Plan administrators are obligated to inform claimants of plan-imposed limits for judicial review in denial of claim notices By Patrick Colgan October 2016 In Mirza v. Ins. of Am., Inc., The Third Circuit Court of Appeals overturned a district court ruling and held that a plan administrator must include information regarding the plan’s statute of limitations in its claim denial letter.
Types of retirement plans By Bernard G. Peter October 2016 A look at the different types and characteristics of retirement plans.
Union trust fund acts arbitrarily by claiming a reversion of benefits By Douglas A. Darch December 2016 Attorneys handling the dissolution of marriages will find comfort in a recent decision by Judge Leinenweber, Cingrani v. Sheet Metal Workers’ Local No. 73 Pension Fund,.