Recent publications and public forums sponsored by the Internal Revenue Service (“IRS”) indicate that the agency has initiated an outreach campaign emphasizing plan sponsors’ internal controls in the administration of tax-qualified retirement plans. In the November 14, 2012 issue of the Employee Plans News (“Newsletter”), Monika Templeman, Director of EP Examinations stated as follows: “When […]
Author: Trucker Huss
Background On June 26, 2013, the Supreme Court of the United States ruled, in United States v. Windsor, that Section 3 of the Defense of Marriage Act, which defines the term “marriage” as “a legal union between one man and one woman as husband and wife,” is unconstitutional. The ruling applies to all federal tax […]
The Supreme Court yet again has the opportunity to opine on whether the terms of an employee benefit plan are enforceable as written — this time in the context of a plan’s deadline for participants to bring a lawsuit on a denied benefit claim. On October 15, 2013, the nine justices will hear oral argument […]
On September 5, 2013, the Internal Revenue Service (“IRS”) issued two sets of proposed regulations (Proposed Regulations Sections 1.6055-1 and 1.6055-2 and Proposed Regulations Sections 301.6011-9, 301.6056-1 and 301.6056-2) implementing the information reporting requirements under Internal Revenue Code Sections 6055 and 6056 added by the Patient Protection and Affordable Care Act (the “Act”). These reports […]
On April 16, 2013, the Supreme Court issued its opinion in U.S. Airways, Inc. v. McCutchen, — S. Ct. —-, 2013 WL 1567371 (2013), resolving a split among the circuits. We wrote about the lower court decisions in this case in our August 2012 newsletter. At issue in McCutchen was whether equitable defenses, such as […]
In Leimkuehler v. American United Life Insurance Co., 713 F.3d 905 (7th Cir. 2013), the Seventh Circuit Court of Appeals addressed the receipt by a 401(k) plan’s financial service provider of “revenue sharing” payments from mutual funds. The Seventh Circuit affirmed the district court’s award of summary judgment to the defendant financial service provider, finding […]
The Ninth Circuit, in Harris v. Amgen, has reinstated an ERISA class action alleging that the defendants breached their fiduciary duties by offering company stock in two employer-sponsored plans. The court held that the defendants knew, or should have known, that the stock was sold at an artificially inflated price due to material omissions and […]
The IRS announced in Revenue Ruling 2013-17 that same-sex couples who are legally married in any state or other jurisdiction that recognizes same-sex marriages (including the District of Columbia, a U.S. territory or a foreign country) will be treated as married for all federal tax purposes, even if the couple lives in a jurisdiction that […]
On June 26, 2013, the United States Supreme Court issued its landmark decision in U.S.v. Windsor, holding that section 3 of the Defense of Marriage Act (“DOMA”) is unconstitutional under the Due Process Clause of the Fifth Amendment .1Windsor has significant implications for retirement and health and welfare plans subject to federal law, including the […]
On July 9, 2013, the Internal Revenue Service issued Notice 2013-45 (“Notice”), which provides for transition relief until 2015 from information reporting requirements under Internal Revenue Code (“IRC”) sections 6055 and 6056. These sections require an employer to annually report to the IRS information regarding the health insurance that the employer offers (or does not […]
On May 29, 2013, the Departments of Treasury, Labor and Health and Human Services (the “Departments”), released final regulations on incentives for nondiscriminatory wellness programs in group health plans (“Final Regulations”) as provided for under the Patient Protection and Affordable Care Act of 2010 (“PPACA”). The Final Regulations apply to both grandfathered and non-grandfathered group […]
On May 8, the Department of Labor (DOL) issued Technical Release 2013-02 providing guidance on the model Patient Protection and Affordable Care Act (PPACA) Notice of Exchange and the associated employer compliance obligations, as well as the DOL’s updated model COBRA election notice, which has been revised to address changes under PPACA. NOTICE OF EXCHANGE […]
The Internal Revenue Service (“IRS”) recently issued a series of final and proposed regulations relating to the health insurance premium tax credit. Enacted by the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 (“ACA”), the premium tax credit is set forth in Section 36B of the Internal […]
On March 19, 2012, the Departments of Labor, Treasury, and Health and Human Services (the “Departments”) issued proposed rules implementing the 90-day waiting period limitations under the Patient Protection and Affordable Care Act (“PPACA”). These 90-day waiting period limitations apply to insured as well as self-funded plans (regardless of grandfathered or non-grandfathered status). These proposed […]
On February 19, 2013, the U.S. Supreme Court declined to review the Ninth Circuit’s decision in Bilyeu v. Morgan Stanley Long Term Disability Plan, 683 F. 3d 1083 (2012), thereby maintaining a split among the federal circuit courts related to a plan sponsor’s reimbursement rights in an action for equitable relief under ERISA § 502(a)(3) […]
San Francisco
135 Main Street
9th Floor
San Francisco, CA 94105-1815
T: 415-788-3111
F: 415-421-2017
Los Angeles
15760 Ventura Boulevard,
Suite 910
Los Angeles, CA 91436-3019
Portland
329 NE Couch Street,
Suite 200
Portland, OR 97232-1332
