Sports fans, you can breath easier about your fantasy football lineups — Michael Vick is out of the doghouse with the U.S. Department of Labor, presuming he complies with a consent judgment.
Continue Reading Michael Vick Gets Released From the ERISA Doghouse, But Could You be Next?
employee benefits/ERISA
More Case Law Regarding Documentation Required to Revise or Terminate Negotiated Retiree Healthcare Benefits
By Porter Wright on
The Sixth Circuit has decided two new cases regarding ERISA lifetime retiree healthcare benefits under a collective bargaining agreement, continuing to put a thumb on the scale in favor of vested benefits, but recognizing that an employer may have the right to make “reasonable modifications” to those benefits.
Continue Reading More Case Law Regarding Documentation Required to Revise or Terminate Negotiated Retiree Healthcare Benefits
DOL Scrutinizes ERISA Plan Audits
By Porter Wright on
Do you sponsor any employee benefit plans that are required to be audited on annual basis? If yes, you should be aware that the DOL is targeting certain auditors and is seeking penalties from the plan administrator (typically, the employer) of up to $1,100 per day, or $50,000 per annual report, when it believes that the…
HHS Publishes HITECH Interim Final Rule
By Brian Hall on
On August 24, 2009, the U.S. Department of Health and Human Services ("HHS") published its interim final rule in the Federal Register, thereby implementing the HITECH Act. The Act’s breach notification rules will become effective on September 23, 2009 — fewer than 30 days away.
Therefore, as the Act relates to employer-sponsored group health plans and health care…
Supreme Court Issues Decision in AT&T v. Hulteen
By Porter Wright on
On May 18, 2009, the Supreme Court of the United States issued its opinion in AT&T v. Hulteen. Reversing the Ninth Circuit’s decision, the Court held that AT&T did not violate the Pregnancy Discrimination Act of 1978 (PDA) by calculating the accrual of pension benefits in a way that gives less retirement credit to employees who took pregnancy leave before enactment of the PDA than to employees who took other kinds of medical leave.
Continue Reading Supreme Court Issues Decision in AT&T v. Hulteen
Michael Vick Now in the Doghouse with DOL for Alleged ERISA Violations
By Brian Hall on
As discussed in its press release, the U.S. Department of Labor has sued former — and likely future — NFL quarterback Michael Vick (and two of his financial advisors) to recover assets removed from the ERISA pension plan sponsored by his celebrity marketing company for the benefit of the company’s employees. The DOL’s Complaint…
One More Year to Protect Certain Executive Compensation Plans from Tax Penalties
By Porter Wright on
Many executive compensation arrangements, including nonqualified deferred compensation plans, employment agreements, and equity compensation plans, are subject to strict deferral election and payment timing rules under Internal Revenue Code Section 409A. Failure to comply with these rules results in an employee incurring immediate income inclusion of amounts deferred, an additional 20% penalty tax on these…
Ohio Mini-COBRA Law Changes
By Porter Wright on
Small employers providing health care benefits to employees residing in Ohio need to take note of changes in Ohio’s continuation coverage law, sometimes referred to as “mini-COBRA.”…
Continue Reading Ohio Mini-COBRA Law Changes
An Important Reminder: Collective Bargaining Agreements Can Prevent Employers from Reducing or Terminating Retiree Medical Benefits
By Porter Wright on
In Tackett v. M&G Polymers, USA, LLC, No. 07-4515/4516 (6th Cir. Apr. 3, 2009), the Sixth Circuit reversed dismissal of a retiree class action lawsuit, finding that the language in the Collective Bargaining Agreement demonstrated an intent to vest retiree medical benefits sufficient to survive a motion to dismiss.
Continue Reading An Important Reminder: Collective Bargaining Agreements Can Prevent Employers from Reducing or Terminating Retiree Medical Benefits
IRS COBRA Guidance: What is an “Involuntary Termination?” Potential Disputes Lurk in Definitions
By Porter Wright on
On Tuesday, March 31, 2009, the IRS issued its Notice 2009-27 providing additional guidance under the American Recovery & Reinvestment Act of 2009 (“ARRA”) relating to premium subsidies for COBRA coverage. The Notice addresses a number of issues, including the question of who is eligible for the subsidy, the method for calculating the premium reduction, and the length of the entitlement to the subsidy.
Continue Reading IRS COBRA Guidance: What is an “Involuntary Termination?” Potential Disputes Lurk in Definitions