LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
On September 24, the Internal Revenue Service (IRS) issued Notice 2009-82, which provides for a November 30, 2009 deadline for defined contribution plan sponsors to finalize their required minimum distribution (RMD) waiver proc... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
Recently, RiskMetrics Group (RMG) (formerly Institutional Shareholder Services, or ISS) released proposed changes to its proxy advisory policies to be in effect for the 2010 proxy season. The comment period on the proposed poli... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
On October 27, the Employee Benefits Security Administration of the U.S. Department of Labor (DOL) released Advisory Opinion 2009-03A (Advisory Opinion), which could have implications for brokerage firms and other financial inst... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
On November 10, the IRS released Announcement 2009-82, which gives sponsors of cash balance and other hybrid pension plans additional time to bring their plans into compliance with the Pension Protection Act of 2006 (PPA) requir... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
On October 23, the U.S. Department of Labor (DOL) released its much-anticipated guidance on how to complete the new Schedule C to Form 5500. The new Schedule C must be used to report certain direct and indirect compensation rec... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
On October 15, the Internal Revenue Service (IRS) announced in a news release (IR-2009-094) the cost-of-living adjustments to be applicable to dollar limitations for defined benefit pension and defined contribution plans and oth... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
Sponsors of defined benefit pension plans are now required to post certain information from IRS Form 5500 on their internal company intranets. This posting requirement was added by the Pension Protection Act of 2006 (PPA) effec... more
Presentation | Webinar
W. Reece Hirsch, Georgina O'Hara
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
The Internal Revenue Service (IRS) has quietly unveiled its most significant audit initiative in decades—an initiative the IRS confirmed last week with little fanfare even though its expansive scope will target the federal... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
New interim final regulations issued under the Genetic Information Nondiscrimination Act of 2008 (GINA) require employers to quickly evaluate and implement the new regulations before the 2010 plan year, especially with regard to... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
On September 5, the Internal Revenue Service (IRS) and the Department of Treasury issued new guidance as part of the Obama administration's initiatives aimed at retirement and savings. The guidance, issued in the form of four n... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
As fall approaches, it is important for plan sponsors to review whether any qualified plan action items must be addressed prior to year-end. The following checklist describes potential year-end amendments and notices that may b... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
On September 8, the U.S. Department of Labor (the DOL) issued EBSA Field Assistance Bulletin No. 2009-3, which addresses whether a plan fiduciary may use a mutual fund's summary prospectus to satisfy its prospectus delivery... more
LawFlash/Client Alert | Employee Benefits LawFlash
ESOP and Employee Benefits Practice
ESOP-owned businesses received encouraging news this month when the ESOP Promotion and Improvement Act of 2009 (S. 1612) (the Act) was introduced on August 6 by Senator Blanche L. Lincoln (D-Ark.). Senator Mary L. Landrieu (D-L... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
On August 24, the Department of Health and Human Services (HHS) published regulations (the Breach Notification Regulations or Regulations) that impose significant new breach notification obligations upon "covered entities" and "... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
Background Federal COBRA rules only apply to employers with 20 or more employees. However, 39 states and the District of Columbia have various mini-COBRA rules in their state insurance codes that apply to small businesses (u... more
LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice
On July 20, the U.S. Department of Labor (DOL) released Field Assistance Bulletin 2009-02 (the FAB), which included certain transitional relief for 403(b) plan administrators who make a good faith effort to comply with the Form ... more
Presentation | Webinar
Linda Griggs, Gary Rothstein
Morgan Lewis's Benjamin Delancy, Linda Griggs, and more
LawFlash/Client Alert | Employee Benefits LawFlash
ESOP and Employee Benefits Practice
In a case recently decided by a federal district court in Indiana, Craig v. Smith , 2009 WL 438635 (S.D. Ind. Feb. 20, 2009), Ontario Corporation was held to have violated ERISA by issuing a 10-year promissory note in payment fo... more
LawFlash/Client Alert | Employee Benefits LawFlash
ESOP and Employee Benefits Practice
On May 20, the U.S. District Court for the Eastern District of Missouri, on a motion to dismiss, ruled that in order to succeed on a breach of fiduciary duty claim, the complaint must state that the defendant was acting in his c... more