Reminder-IRS Retirement Plan Amendment Dates
Dykema Gossett PLLC
Tax-Qualified Plans Sponsored by Tax-Exempt, Non-Governmental Entities Tax Reform Act of 1986 Generally, by the l.
Pension Benefits for Multinational Employees
Pillsbury Winthrop Shaw Pittman LLP
This memorandum outlines our suggestions regarding the treatment of multinational employees; that is, employees wh.
Retirement Protection Act of 1994
Bodman LLP
Determinations of Present Value Effective December 8, 1994, defined benefit plans adopted on or after that date mu.
Thelen Reid Report No. 391: Internet Tax Freedom Act Imposes Three-Year Moratorium on State and Local Government Taxation of the Internet
Thelen LLP
This report discusses the three-year moratorium placed on state and local government taxation of the internet by the Internet Tax Freedom Act.
Employee Benefits Highlights of Taxpayer Relief Act of 1997
Cooley Godward Kronish LLP
This alert highlights the changes in employee benefit plans resulting from the passage of the taxpayer relief act.
New Treasury Regulations Protect Qualified Plans From Invalid Rollovers
Andrew J. Clark of Weil, Gotshal & Manges LLP
This article discusses a new U.S. Department of Treasury regulation which went into effect on April 21, 2000. This regulation protects eligible retirement plan participants from invalid rollovers.
Company Not Liable for Paying Benefits on Erroneous Statements--Law Alert--Issue 63
Nixon Peabody LLP
This update summarizes the Fitch v. Chase Manhattan Bank's decision whereby the U.S. District Court ruled that a company is not liable for a communication error on benefit statements.
Supreme Court Decision Explains How the Impact of Section 510 of ERISA Can be Avoided When A Staffing Company Takes Over an Existing Workforce
Charles S. Birenbaum of Thelen LLP
The article determines that Section 510 of ERISA will apply to welfare benefits, and that excluding the employees from both welfare and pension plans by plan amendments would provide a complete defense to Section 510.
Cooley Alert: Essential Retirement and Welfare Plan Updates
Cooley Godward Kronish LLP
This alert summarizes the recent retirement and welfare plan updates.
ERISA & Pensions: Court Clarifies the Reach of ERISA
Elizabeth A. Venditta,Edward M. Koch and Andrew Susko of White and Williams LLP
In a ease greeted with enthusiasm by the insurance industry, the U.S. Circuit Court for the Third Circuit Court of Appeals clarified the reach of the federal Employee Retirement Income Security Act ("ERISA") in its recent decision in Leckey v. Stefano, 263 F.3d 267 (3d Cir. 2001).
Changes in Retirement Plans for 1997
Cook & Franke S.C.
In 1996 the United States Congress enacted several pieces of legislation impacting the use of retirement plans. The outline below summarizes several of the changes that are effective as of January 1, 1997.
Proposed Regulations Would Allow Defined Contribution Plans To Drop Some Optional Forms Of Payment
Benjamin Ferrucci of Weil, Gotshal & Manges LLP
This article reviews a recent IRS proposed regulation that would allow defined contribution plans to drop some optional forms of payment.
Fourth Circuit Decides That Counsel To an ERISA Qualified Plan May Be Sued For Malpractice
Tydings & Rosenberg LLP
In Custer v. Sweeney, 89 F.3d 1156 (4th Cir. 1996), the United States Court of Appeals for the Fourth Circuit, in a.
Educational Institutions Law Alert: IRS Audit Agenda Targets 403(b) Plans
Saul Ewing LLP
The Internal Revenue Service has recently announced that it will continue to commit substantial resources toward th.
Health and Welfare Compliance Update
Rosenman & Colin LLP
The Employee Retirement Income Security Act of 1974 ("ERISA") was amended by the Mental Health Parity Act.
IRS Issues New Temporary Regulations on Cutback Notices
Pillsbury Winthrop Shaw Pittman LLP
On December 15, 1995, the IRS issued new temporary regulations on so-called "204(h)" notices. The purpose of a 204.
Remember Top Heavy Testing
Rosenman & Colin LLP
As you may know, Section 416 of the Code penalizes a qualified plan that is "top heavy." A defined benef.
The Year 2000 Problem: Paying the Programmers
Benjamin I. Delancy of Thelen LLP
This article discusses a possible analysis for a corporation to follow when determining how to adequately compensate a Y2K computer programmer.
The Evolving Standard for ERISA Preemption of State Law Under Recent United States Supreme Court Precedent
Ryan W. Greene of Hays, McConn, Rice & Pickering, P.C.
The Employee Retirement Income Security Act ("ERISA") was passed in 1974. The purpose of ERISA was to "promote .
Top 10 Ways to Beat the Clock and Prepare for Retirement
United States Department of Labor-Office of the Solicitor
This guide lists 10 things older employees can do to effectively save for retirement.
Cooley Alert: Employee Benefits and Equity Compensation
Cooley Godward Kronish LLP
This alert discusses the case of Inter-Modal Rail Employees Association v. Atchison, Topeka and Santa Fe Railway Company as it pertains to the protection of employee health and welfare benefits.
Selecting Retirement and Fringe Benefit Plan Providers
John H. McKendry of Warner Norcross & Judd LLP
This article discusses the heightened responsibility that because benefit plan providers have because of their exercise of fiduciary responsibility under governing federal law.
DOL Annual Report Filing Requirements for Employee Benefit Plans
Carolyn S. Nestingen of Briggs & Morgan
Sections 103 and 104 of ERISA require the Plan Administrator of an employee benefit plan to file an annual report.
Pension Law Changes are Effective Now Even Though Plan Amendments are Postponed
Bodman LLP
Recent legislation will require sponsors of tax-qualified pension and profit sharing plans to adopt amendments to t.
Managing Employee Benefits
Small Business Administration
This publication provides information on how to manage employee benefits at a small business.
New Dollar Limits for 1999
Pillsbury Winthrop Shaw Pittman LLP
On October 23, 1998, the IRS announced the new cost-of-living-adjusted dollar limits that will apply to qualified .
New Laws Affect Welfare Benefit Plans
Briggs & Morgan
Certain issues related to welfare benefit plans have been addressed by recently enacted laws and regulations. Thes.
Employee Benefits & Executive Compensation Update
David P. Doyle of Day Pitney LLP
This update covers four topics which include a brief summary of the new changes to the IRS Voluntary Compliance Programs; New Jersey's legislation on biologically based mental illness benefits; a short synopsis on New Jersey Supreme Court's holding that IRA assets that were fraudulently conveyed to defeat creditor are not protected; and IRS's re-calculation of cost of employer provided group term life insurance is likely to please employees.
Small Business and Job Protection Act
Bodman LLP
Required Distributions Effective for calendar years beginning with 1997, the requirement that pension plans must c.
New 401(k) Safe Harbor Plans Now Available
Bodman LLP
Effective for calendar 1999 a new 401(k) plan variant became available which does away with the Average Deferral Pe.
Effect of Outstanding ERISA liens on Minor Settlements
Richard N. Drake of Caudle & Spears, P.A.
Pursuant to regulations promulgated by the Commissioner of Insurance, North Carolina prohibits subrogation of benef.
Employee Benefits and the Right to Fire
Thomas R. Bagby of Woods Rogers PLC
Employers should be aware of a recent decision by the U. S. Supreme Court. In Inter-Modal Rail Employees Associatio.
Employers May Make Deferral Contributions for Non-electing 401(k) Plan Participants
Benjamin Ferrucci of Weil, Gotshal & Manges LLP
This article reviews IRS Revenue Ruling 2000-8 which permits an employers to make deferral contributions for non-electing 401(k) plan participants.
Your Retirement Benefits
Levy & Droney P.C.
If you are approaching age 70 you should be considering how your retirement benefits will be paid.
Pre-Tax Commuting: A New Employee Benefit
Sue O. Conway of Warner Norcross & Judd LLP
This article reviews the qualified transportation spending account plans which permits employees to pay transportation costs on a pre-tax basis.
Statute of Limitations Defense--Benefits Briefs--Vol. 13, No. 2
Nixon Peabody LLP
This article outlines three steps an employer should take in reviewing a claim for benefits in order to ensure that the statute of limitations begins to run when the employer first receives the participant's paperwork.
Change in Compliance Dates for Qualified Retirement Plans
Carolyn S. Nestingen of Briggs & Morgan
The Internal Revenue Code issued an advance copy of Rev. Proc. 99-23 on April 6, 1999. That document extends the d.
Change in Retiree Health Benefits Violated Union Contracts
Stephen H. Cypen of Cypen & Cypen
A report from BNA indicates that Schenectady, New York, violated police and firefighter union contracts when it cha.
New Changes May Ease Employers' Benefit Administration
Thomas M. Hughes of Moss & Barnett A Professional Association
Significant changes to the pension and health plan rules which may actually simplify the running of benefit program.
IRS Announces 2001 Cost of Living Adjustments for Benefit Plans
Faegre & Benson LLP
This article addresses the 2001 cost of living adjustments for benefit plans.
Annual Cost-of-Living Adjustments: 1999
Cooley Godward Kronish LLP
This alert discloses the 1998 Federal cost of living increases.
IRS Announces New Audit Program
Benjamin I. Delancy of Thelen LLP
This article discusses the creation of a new IRS tax audit task force.
Converting To A Cash Balance Plan Can Be Risky Business
Mark Hansen of Wildman, Harrold, Allen & Dixon LLP
Over the past fifteen years, many companies have converted their traditional pension plans to cash balance plans. The Federal Reserve Board recently reported that approximately 25% of all participants in defined benefit plans and 40% of all defined benefit plan assets are in cash balance plans. Whether the decision to convert has been motivated by cost or the recognition of the current realities of the mobile workforce and the need for portable benefits, the prevalence of cash balance plans cannot be overstated.
Defined Benefit Pension Plans
Pension Benefit Guaranty Corp. Ogc Library
Description of the worker and employer advantages to defined benefit pension plans from the Pension Benefit Guaranty Corporation.
How To File A Claim For Your Benefits
General Services Administration, General Counsel Office
Publication from the General Services Administration Consumer Information Center which outlines the steps consumers may take to file a claim under the Employee Retirement Income Security Act of 1974 and what to do if they are denied benefits.
Employers at Risk for Outsourcing to Save on Employee Benefit Costs
Ford & Harrison LLP
Outsourcing work to save on employee benefit costs may become riskier for employers as a result of a recent U.S. Su.
Pension Reform Provisions in the Small Business Job Protection Act of 1996 Affecting Qualified Retirement Plans
Pillsbury Winthrop Shaw Pittman LLP
Pension reform proposals that have been languishing in Congress every year for the last several years finally beca.
Annual Cost-Of-Living Adjustments: 1997
Cooley Godward Kronish LLP
This reports details the 1997 Federal cost of living adjustments.
Use of Electronic Media in Retirement Plan Administration
Steven M. Margolis of Weil, Gotshal & Manges LLP
This article reviews recent IRS final regulations relating to the use of electronic media in retirement plan administration.
Subrogating Fully-Insured ERISA and Non-ERISA Employee Welfare Benefit Plans
Elizabeth A. Co of Matthiesen, Wickert & Lehrer, S.C.
Two types of ERISA plans exist, the ?self-funded" or "unfunded" plan. If a plan is "self-funded", the employer pays the benefits directly through its general assets or through a trust fund established for that purpose. If a plan is "fully-insured", on the other hand, the employer does not pay the benefits, but rather, the employer purchases an insurance policy via the plan, and an insurance company pays the losses.
Temporary Twilight Zone
Littler Mendelson, P.C.
This article discusses the legal status and the rights of contingent workers-particularly in connection with exclusion from employee benefit programs-are in a state of flux.
Recent Developments Affecting Qualified Retirement Plans
Faegre & Benson LLP
This update reviews several recent IRS developments that may affect the administration of 401k plans.
IRS Sides With Employer That Excluded Contract Workers From Its Qualified Retirement Plans
Mary B. Hevener of Weil, Gotshal & Manges LLP
This article reviews a recent IRS Technical Advice Memorandum ("T.A.M.") which concluded that employers can exclude contract workers from its qualified retirement plans.
Outsourcing Your Human Resources
Louis C. Rabaut of Warner Norcross & Judd LLP
This article explores some of the legal issues that may be raised as a result using alternative employment methods.
Automatic 401(k) Enrollment Allowed
Rosenman & Colin LLP
In a recent Revenue Ruling (Rev. Rul. 98-30), the Internal Revenue Service ("IRS") held that an employer.
Court Rules Severance Agreement is a Top Hat Plan
Rosenman & Colin LLP
As you may be aware, ERISA imposes strict requirements on employee benefit plans in four areas: (1) funding, (2) .
Pension Simplification--Is It An Oxymoron?
Karen A. McSherry of Schlossberg & Associates P.C.
Recent changes in the pension laws, including the passage of The Small Business Job Protection Act of 1996, have va.
New Dollar Limits for 1998
Pillsbury Winthrop Shaw Pittman LLP
On October 22, 1997, the IRS announced the new cost-of-living-adjusted dollar limits that will apply to qualified.
Disturbing New Ninth Circuit Opinion Regarding Funded Paid Leave Plans
Paul, Hastings, Janofsky & Walker LLP
About a month ago, the Ninth Circuit issued its troubling Alaska Airlines, Inc. v. Oregon Bureau of Labo.
How to Obtain Employee Benefit Documents from the Labor Department
United States Department of Labor-Office of the Solicitor
This guide describes the employee benefit plan documents and other materials available from the public disclosure room.
Buck Surveys Economic Assumptions
Stephen H. Cypen of Cypen & Cypen
Buck Consultants, Inc. has released its most recent survey on defined benefit plan actuarial assumptions as to fund.
Part-Time Employees and Retirement Plans
Carolyn S. Nestingen of Briggs & Morgan
requently, employers will exclude certain groups of employees from participation in a retirement plan. These mig.
DOL Issues Opinions on Mutual Fund Alliances
Rosenman & Colin LLP
Last month, the Department of Labor ("DOL") issued two advisory opinions regarding the receipt of fees by.
Employee Benefit Provisions of the Taxpayer Relief Act of 1997 and Implementation Guidance on Prior Legislation
DLA Piper LLP
This article discusses various provisions of the 1997 Taxpayer Relief Act.
Some Applications of ERISA to Executive Benefits Briefs. Vol. 13, No. 1
Nixon Peabody LLP
This article explains phantom stock options, severance and top hat plans and discusses how those plans apply to ERISA.
District Court Opinion Involving San Francisco Ordinance Requiring Benefits Benefits for Domestic Partners
of Pillsbury Winthrop Shaw Pittman LLP
On April10, 1998, the Federal District Court of Northern California issued its opinion in the case of the Air Tr.
Controlling Potential Exposure -- What Employers Should Do, Post-Microsoft
Paul, Hastings, Janofsky & Walker LLP
On July 24, 1997, the Ninth Circuit issued its long-awaited, enbanc decision in Vizcaino v. Microsoft Corporation, holding that certain employee benefits might have to be provided to individuals whom Microsoft had misclassified as independent contractors.
Maybe Not So Definite? IRS Abandons Stance on Definitely Determinable Requirement for Profit Sharing Plans
Pillsbury Winthrop Shaw Pittman LLP
The IRS has abandoned its two-year old position regarding the "definitely determinable" allocations requirement fo.
Simple Retirement Solutions for Small Business
United States Department of Labor-Office of the Solicitor
This guide prepared by the Pension and Welfare Benefits Administration answers commonly asked questions by small business owners.
Benefits Briefs--Vol. 13, No. 2
Nixon Peabody LLP
This article discusses the negative 401k election as an appropriate way to deal with employees who do not return paperwork.
IRS Issues New "Safe Harbor" Pension Distribution Notice
Bodman LLP
The Internal Revenue Code requires pension plan administrators to inform plan participants of the income tax optio.
New Voluntary ERISA Fiduciary Compliance Program: Gift or Trojan Horse?
Thelen LLP
This article discusses the recent Voluntary ERISA Fiduciary Compliance Program.
Supreme Court Rules on "Right Way" to Terminate Welfare Benefits
Rosenman & Colin LLP
The Supreme Court has ruled that Section 510 of the Employee Retirement Income Security Act of 1974 ("ERISA.
Buy-Outs and Railroad Retirement Benefits
Railroad Retirement Board
Brochure from the Railroad Retirement Board which describes how the acceptance of a buy-out from a railroad employer affects their future eligibility for benefits under the Railroad Retirement and Railroad Unemployment Insurance Acts.