Morgan Lewis on Benefits
September 2004

In this Issue:

• Featured Articles:
• Same-Sex Marriages: Potential Effects on Employee Benefit Plans
• Self-Correcting Delinquent Contributions
• Administrative Notes:
• What Every Benefits Professional Needs to Know About the Final COBRA notice regulation
• IRS Delays the Effective Date of Its Relative Value Regulations (at Least for Some Plans)
• IRS Sanctions Broader Use of "Negative Elections" Under 401(k)/403(b) Plans, but DOL Rules Still a Problem
• The IRS Issues More HSA Guidance
• PBGC Announces Voluntary Correction Program for Participant Notice Failures
• Executive/Equity Compensation:
• Executive Compensation Audit Initiative
• Pennsylvania Taxation of Deferred Compensation
• Case Law Updates:
• Supreme Court Holds That Patients Cannot Sue HMOs for Malpractice in State Court
• Supreme Court Finds That Plan Amendment Violated Anti-Cutback Rule
• Supreme Court Finds that Younger Workers Cannot Pursue ADEA Claim Against Employer That Favored Older Workers
• Supreme Court Holds That a Working Owner of a Business Qualifies as a Participant in a Pension Plan Governed by ERISA
• Fiduciary Duty Not Breached Where Employee Was Unaware of Enrollment Requirements That Were Explained in Materials Provided to Him
• District Court Rules That Market Timing Restrictions Are Permissable Under 401(k) Plan and Investment Contract

For the full story, please view the PDF.