Today the Department of Labor released its long-anticipated revisions to ERISA’s definition of who is a fiduciary. (See next post for links.) Although the DOL claims to have “streamlined” the rule in response to industry criticism (and extended the implementation period), this rule may significantly...
We had a great client Dorsey Roundtable this morning to discuss employer stock in retirement plans. It’s been a few years now since the 2013 blockbuster opinion from the Supreme Court (back when they had 9 justices) in Fifth Third Bancorp v. Dudenhoeffer that gave...
This is Part 3 of our series on State Retirement Plans. We have to admit this has been eye-opening. We are pleased to see Lee Schafer’s column in the StarTribune on the topic this weekend. (Strib) Retirement Policy We are in a bad place when...
Background — fiduciary obligations vs. ERISA’s specific nod to employer stock. Courts have long struggled to determine how to reconcile ERISA’s rules explicitly allowing participants in defined contribution plans to invest in so-called “company stock funds” (i.e., funds only holding the stock of the employer) with...
Most ERISA group health plans have subrogation terms – that is, terms allowing the plan to recover benefits paid to injured participants who later recover a tort settlement for their injuries. These subrogation claims are traditionally brought under ERISA Section 502(a)(3). Because this section of...
This is Part 2.5 of a 3-part series on state retirement plan legislation. Part 1 was an Overview. Part 2 focused on recent Department of Labor guidance making it easier for states to get a bit heavy-handed by mandating retirement plans for certain employees. This...
ACA Filing Extensions. Here’s the latest from our ACA-anecdotes desk. Many employers seem to be sticking to (or close to) the original February 1, 2016 deadline for issuing Form 1095 to employees. This is largely to avoid confusion with employees. Many employers haven’t made a...
Note: I wish I had known about Juliet when I was an in-house lawyer … and am very grateful to have her as a colleague. Take a look at this very practical advice for U.S. employers in the daunting position of sending employees overseas. –...
IRS Notice 2016-4 makes for some happy reading. (IRS Notice 2016-4) Background. All Applicable Large Employers (those with 50 or more full time equivalent employees) must report on Form 1095 whether they offered affordable, minimum essential coverage at minimum value to employees (and their dependents) who...
Here’s a link to IRS Notice 2016-4, extending the deadline for issuing and filing Forms 1094 and 1095. Stay tuned for more on this. (IRS Notice 2016-4) Kudos to Holly Fistler who first spotted this one in our group. Update: Click here for our summary.
The “Consolidated Appropriations Act, 2016″ bill has been signed. (whitehouse.gov) (CNN) (GPO). We discussed the bill briefly last week, but a few things are worth repeating: The Cadillac tax gets delayed to 2020. Full speed ahead for the DOL’s fiduciary rule. That’s in spite of...
Interest rates going up? Easy call. But what about those benefits developments from Wednesday? There’s plenty to digest over the last few weeks in December. Here’s a sampling of what we found interesting. Omnibus Spending Bill Here’s the text of the bill as posted on the...
We’re running a little behind today. Here are some post-climate talk, pre-budget bill things to think about in the benefits world. Congress continues to negotiate on a budget deal and there’s a good chance we will see benefits provisions–either in the budget bill or pending...
I was pleased to see a post on Project 5 / 165 by my colleague, Melinda Maher. Our site here is about employee benefits education and commentary. As a longtime partner in a BigLaw environment and one who advises on employee benefits and corporate executive...
I was happy to participate in the Minneapolis Project 5 / 165 Workshop at Dorsey in Minneapolis today with some of the area’s most influential women corporate counsel. (dorsey.com) Project 5/165 is an invitation-only series of regional educational workshops designed to support and accelerate the...
Let’s see. It’s early December. That means open-enrollment is winding down for many, year-end checklists are in vogue and ACA has survived for another year. What are we thinking about this week? Some good stuff from our actuary friends. ASPPA comments may have been influential...
Thanks to Minnesota Bench & Bar for publishing (and illustrating) our article on the impact of the Supreme Court’s marriage on employee benefits. (Minnesota Bench & Bar).
Note. I spent 12 years in a large firm as an employee benefits lawyer and another 12 as an Assistant General Counsel for Pay & Benefits at a Fortune 50 company. I’m now back at my law firm. That makes me pretty lucky. This is...
Andrew HollyAndrew represents clients in a wide range of complex civil matters.
Nick BullardNick is a trial associate in Dorsey’s office in Minneapolis. ...
Tim ArendsChair of the Benefits and Compensation practice group, Tim devot...
Shannon BjorklundShannon provides advice and litigation assistance to companies...
Tim GoodmanTim Goodman works with employers on medical plans, retirement pl...
Paul HeiringIn addition to litigating a broad range of ERISA cases, Paul Hei...
Alan IversonAlan is a litigator in Dorsey’s trial group with a focus on cli...
Lincoln LoehrkeLincoln helps clients successfully resolve complex disputes invol...
Stephen P. LuckeSteve represents businesses, employers, insurers, and fiduciarie...
Melinda MaherMelinda is a Partner in the Benefits & Compensation practice group....
Kirsten SchubertKirsten helps clients large and small navigate all aspects of com...
Michael VovesEmployee Benefits, Minneapolis
