Library Search
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HR's Role in HIPAA Security Compliance ( May 2005 )
Suffering "HIPAA Privacy Rule fatigue," many human resources and benefits professionals have passed the compliance baton for the HIPAA Security Rule to their colleagues in the Information Technology (IT) Department. Letting IT grapple on its own with the HIPAA Security Rule most likely will mean that your organization will not meet the April 21, 2005, compliance deadline for covered health plans with annual receipts exceeding $5 million, or even the April 21, 2006 compliance deadline for covered health plans falling below that threshold. -
SEC Turns Up the Heat on 401(k) Fiduciaries ( August 2004 )
This is not an easy time to be a 401(k) plan fiduciary. With frightening regularity, attacks have been launched by government agencies and plan participants, some successfully, at fiduciaries. And never has the group of potential plan fiduciaries been so large. In fact, quite recently courts have defined plan fiduciaries to encompass an array of corporate employees who range from those who are responsible for the administration of the 401(k) plan to the highest levels of the corporation. -
Avoiding or Winning Employee Benefit Plan Lawsuits ( December 2003 )
Class action attorneys have discovered employee benefit plans. Company officials with responsibility for a plan are fair game for plaintiff's lawyers. Employers and fiduciaries should take steps to minimize the risk of liability, and a good first step is a fiduciary liability review. -
SEC Approves NYSE and Nasdaq Rules Relating toShareholder Approval of Equity Compensation Plans ( October 2003 )
Effective June 30, 2003, the Securities and Exchange Commission (SEC) approved new rules of the New York Stock Exchange (NYSE) and of the Nasdaq Stock Market (Nasdaq) that significantly broaden shareholder approval requirements for equity-based compensation plans. Among other things, the new rules eliminate exceptions formerly available for broadly based plans and certain <i>de minimis</i> equity grants. -
Nasdaq and the New York Stock Exchange Revise Shareholder Approval Requirements for Equity Compensation Plans ( August 2003 )
On June 30, 2003, the Securities and Exchange Commission (the “SEC”) approved changes to the listing requirements of Nasdaq and the New York Stock Exchange (the “SROs”) requiring shareholder approval of most equity compensation plans. -
IRS Sides With Employer That Excluded Contract Workers From Its Qualified Retirement Plans ( August 2000 )
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. -
New Treasury Regulations Protect Qualified Plans From Invalid Rollovers ( July 2000 )
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 ( March 2000 )
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. -
Statute of Limitations Defense--Benefits Briefs--Vol. 13, No. 2 ( March 2000 )
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.