Searching Content indexed under Employee Benefits & Compensation by Dickinson Wright PLLC ordered by Published Date Descending.
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Considerations For Plan Sponsors Who Discover Unauthorized Workers In Their Retirement Plans, Part 1: ERISA And The Department Of Labor
With immigration enforcement in the news, some employers may be wondering what responsibilities they have related to their retirement plans
United States
4 Sep 2019
Increasing Access To Retirement Security
On August 31, 2018 President Trump issued Executive Order 13847, titled "Strengthening Retirement Security in America". This Executive Order directed the Secretary of Labor to:...
United States
13 Aug 2019
"Well I'm Gone To Detox Mansion"* – What Employers Should Be Mindful Of When An Employee Asks For Time To Enter Rehabilitation For Substance Abuse
From our perspective we appear to be experiencing an uptick in the reporting of employees testing positive for controlled substances, whether how to address positive tests for cannabis
United States
8 Aug 2019
New HRA Alternatives For Employers
The IRS issued final regulations on June 20, 2019 (the "Final Regulations"), which will allow employers to offer two new categories of health reimbursement accounts ("HRAs") for plan years beginning on or after January 1, 2020
United States
7 Aug 2019
Compensation Of Shareholders Of Closely Held Companies: Is Yours Reasonable?
There is no one-size-fits-all answer for closely held corporations when choosing to be taxed as an S-Corp or a C-Corp.
United States
31 Jul 2019
IRS Beginning To Send Affordable Care Act Notices To Religious Organizations
According to statements made by the acting director of exempt organizations at the IRS, churches and other religious organizations will soon start to receive questions from the IRS
United States
25 Jul 2019
Another Multiemployer Pension Fund Cautionary Tale: Employer Does Not Owe Withdrawal Liability, But May Still Owe An "Exit Fee"
Employers that completely or partially withdraw from underfunded multiemployer pension funds are well aware that they may owe the fund withdrawal liability—an assessment against the employer
United States
24 Jul 2019
Employment Law Considerations For Engaging Gig Workers
In a growing technological and global marketplace, the labor market is expanding to accommodate the "gig economy," a labor market characterized by short-term, freelance or other alternative work relationships.
United States
11 Jul 2019
Association Health Plans: Still Viable?
The Department of Labor ("DOL") issued final regulations in June 2018, which loosened the DOL's long-standing sub-regulatory guidance and allowed more organizations
United States
28 Jun 2019
Surprise! A QDRO Can Apply To A Welfare Benefit Plan
Most plan administrators are familiar with a qualified domestic relations order or "QDRO," which is used to split retirement plan benefits between a plan participant and an alternate payee ...
United States
7 Jun 2019
The Social Security No Match Letter Conundrum For Employers: What To Do In Sixty Days?
More than 570,000 No Match letters (NML) have been sent by the Social Security Administration (SSA) starting in late March of 2019 with instructions for the Employer to review the name ...
United States
5 Jun 2019
Debunking SPD Myths, Part 5: Yes, There Are Reporting Requirements For "Top Hat" Plans
It is well known by employers that nonqualified deferred compensation ("NQDC") plans that are established to provide unfunded deferred compensation benefits to a select group of management or highly compensated employees
United States
31 May 2019
IRS Expands Self-Correction Procedures For Retirement Plans
Certain qualified retirement plan errors are now easier to fix under the new expanded IRS self-correction procedures. On April 19, 2019, the IRS released the revised Employee Plans Compliance
United States
22 May 2019
Debunking SPD Myths, Part 4: Know Your Alternative Methods Of Distribution For Terminated Participants And Beneficiaries
The summary plan description ("SPD") and disclosure regulations provided by the Department of Labor ("DOL") are spread across six regulatory sections.
United States
6 May 2019
The Patchwork Of State Paid Leave Laws
There are a number of state specific paid leave laws that fall into two main categories: (1) sick leave, which entitles employees who work for covered employers to accrue paid sick leave;
United States
1 May 2019
Debunking SPD Myths, Part 3: Your Insurance Contracts And Summaries Of Benefits And Coverage Are Not SPDs For Your Health Or Other Welfare Benefits Plan
One common response we hear from employers when asked to provide a copy of their health or other welfare plan summary plan description ("SPD"), is whether providing a bundle of insurance certificates
United States
22 Apr 2019
Debunking SPD Myths, Part 2: Think That Emailing Your SPD To Employees Is Always Enough? Think Again
Most employers are familiar with the requirement to prepare and distribute a summary plan description ("SPD").
United States
10 Apr 2019
Debunking SPD Myths, Part 1: The SPD Basics, And (Almost) Every Plan Sponsor Needs One
Most employers that sponsor retirement, health, or other welfare plans are familiar with the requirement to provide a summary plan description ("SPD") to their employees.
United States
8 Apr 2019
Don't Believe Everything You Hear – You Can Terminate Your 401(k) Safe Harbor Match Formula Mid-Year (Usually)
I have recently had two separate employers tell me that they wanted to stop making safe harbor matching contributions to participants in their 401(k) retirement plans in the middle of a plan year.
United States
4 Apr 2019
Sixth Circuit Court Of Appeals Rules That Retiree Health Benefits May Be Terminated Based On Ordinary Contract Principles
In its latest case addressing retiree health benefits, the Sixth Circuit Court of Appeals has held that a collective bargaining agreement's general durational clause controls when retiree healthcare
United States
28 Mar 2019
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