Published: June 29, 2017

Lawyers with clients that deal with multiemployer plans thought we knew what plans could require withdrawing employers to pay. After all, the employer’s potential liability – commonly known as “withdrawal liability” – is described fairly comprehensively in ERISA. The US Court of Appeals for the Eleventh Circuit disagrees, and said so in a recent case. According to the court, there is nothing in ERISA that indicates Congress intended for withdrawal liability to be the only payments a withdrawing employer would ever face.

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Published: June 21, 2017

Most of us have struggled with the obtuse calculations required to determine maximum participant loan amounts. Perhaps in the future robotic AI Human Resource managers will not have this problem, but until then we all seem to muddle through this occasionally.

The statute, which is not a model of clarity, reads as follows:

[The] loan (when added to the outstanding balance of all other loans from such plan whether made on, before, or after August 13, 1982), [may] not exceed the lesser of—

(i) $50,000, reduced by the excess (if any) of—

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Published: June 13, 2017

Three more class action lawsuits were filed against the fiduciaries of plans maintained by institutions of higher education (University of Chicago, Princeton University, and Washington University in St. Louis). The complaints allege acts or omissions that constitute a breach of fiduciary duty under the Employee Retirement Income Security Act (“ERISA”) with respect to tax deferred annuity programs, commonly known as “403(b) plans” that have been adopted and maintained under Section 403(b) of the Internal Revenue Code of 1986, as amended.

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Published: June 13, 2017

After the passage of the Affordable Care Act, employers have asked what happens if the employer does not sponsor a health plan, but reimburses employees for premiums used to purchase health insurance.  The Internal Revenue Service has made it clear that such an arrangement – referred to as an employer payment plan – is in fact considered a health plan that is offered by the employer.

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Published: May 4, 2017

In recent years we’ve seen a new type of corporations, known as Public Benefit Corporations, or “B” Corporations. These new B corporations are private corporations which, like any other corporation, owe a duty to their shareholders.

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Published: March 10, 2017

Apparently rhetoric matters. Although the former President eventually embraced the term himself, “Obamacare” was originally a derogatory term used for health care reform by Obama’s opponents in Congress. Anecdotal evidence suggests that many individuals didn’t know that the Affordable Care Act and “Obamacare” were the one and the same. Now that “Obamacare” may be repealed and replaced, many who demonized it realize that the law is more than just health insurance marketplaces. 
 

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Published: March 1, 2017

As described in our prior alert,the 21st Century Cures Act (“Cures Act”) allows employers with fewer than fifty employees that do not offer health plans to establish stand-alone health reimbursement arrangements (“HRAs”) to reimburse employees for medical expenses or health insurance purchased on the exchange or otherwise. Those HRAs must, however, satisfy certain conditions. An HRA that satisfies all the required conditions is referred to as a Qualified Small Employer HRA, or “QSEHRA.”

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Published: February 1, 2017

Members of Saul Ewing’s Tax and Employee Benefits and Executive Compensation Practices have outlined the recently announced 2017 dollar limits on the Social Security Wage Base, compensation and deferrals for retirement plans, and health and welfare plans, as well as PCORI fees, Medicare Part B premiums, and increases to Social Security increases in age and benefits.

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