The Department of Labor (DOL) recently entered into an agreement with GreatBanc Trust Company settling claims relating to its service as trustee of an employee stock ownership plan (ESOP) holding stock of a private company. The DOL had claimed that the stock of the company had been overvalued in a sale transaction. The settlement agreement
Understanding Employee Benefits and key developments in the employee benefits field and items of interest to our clients. MORE
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IRS Issues Guidance on Qualified Plan Amendments Regarding Same Sex Spouses
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[This article also appears in our Employment and Labor Law/Employee Benefits Executive Briefing: May 2014.]
Employers have been considering the impact on benefit programs, including the qualified retirement plans, of the U.S. Supreme Court’s decision recognizing the validity of same sex marriages. In September, 2013, the IRS issued guidance about the prospective impact of the…
It is Always Good to Follow the Plan’s Claims Procedure in Denying a Claim – Part 2
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Some months ago I blogged about an Eighth Circuit Court of Appeals decision involving high ranking executives participating in a company’s long term incentive plan where the executives won their suit under the plan, at least in part, because the employer had not properly followed the plan’s claims procedure. By not properly following those procedures,…
Welfare Benefit Plan Might not be Required to Cover Same Sex Spouses
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Much has been written about the impact of the Supreme Court’s decision last term declaring unconstitutional the provision of the Defense of Marriage Act (DOMA) that required federal law not to recognize same sex marriages. Since then, more states have recognized same sex marriages either by court order or legislation. The IRS has also issued…
Can a Failure to Hire Violate ERISA?
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A recent decision of the federal district court for the southern district of Ohio raises interesting questions under Employee Retirement Income Security Act of 1974 (ERISA) that might also affect employer liability under the Affordable Care Act (ACA). The case involved a challenge by a former employee who was originally hired as a part-time pharmacist.…
QDROs for Unmarried Cohabitants?
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Sponsors of qualified retirement plans know that, generally speaking, plan benefits cannot be taken from a participant through legal process or otherwise be assigned to anyone other than the participant. There is an exception for payments in connection with a divorce under a qualified domestic relations order or QDRO. Qualified retirement plans must honor QDROs…
Even a Tax Lawyer Can Get the IRA Rollover Rules Wrong – Part 3
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Government Publications on 401(k) Plans May Be of Interest
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The IRS and Department of Labor issue a number of publications on different topics, including 401(k) plans. The IRS has posted on its website a couple of jointly issued publications directed at small employers who sponsor or are considering sponsoring 401(k) plans. The publications are “401(k) Plans for Small Businesses” and “Automatic …
IRS Wins One at Supreme Court: Severance Pay is Subject to FICA Tax
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I blogged about the Quality Stores decision which at the district court and court of appeals levels held that certain severance payments were not subject to FICA (Social Security) taxes. The IRS had challenged the employer in that case and had lost in both lower courts.
At the Supreme Court level, the IRS won. The …
Even a Tax Lawyer Can Get the IRA Rollover Rules Wrong – Part 2
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I blogged recently about a tax court decision where a tax lawyer flubbed an IRA rollover, resulting in adverse tax consequences to him and his wife. An interesting aspect of the case – but one not mentioned in the decision – is that the tax lawyer’s action were consistent with the IRA rollover rules as …