Publications

Final and Proposed RMD Regulations Provide Much Needed Guidance for SECURE 2.0 and SECURE 1.0 Provisions

Introduction On July 18, 2024, the Internal Revenue Service (the “IRS”) simultaneously issued final regulations (“Final RMD Regulations”) and proposed regulations (the “Proposed RMD Regulations”) under Section 401(a)(9) of the Internal Revenue Code (the “Code”) addressing the required minimum distribution (“RMD” or “RMDs”) rules.  The Final RMD Regulations largely reflect changes made to the RMD rules under proposed regulations issued on February 24, 2022 (the “2022 Proposed RMD Regulations”) following the enactment of the Setting Every Community Up for Retirement Enhancement Act of 2019 (“SECURE 1.0”).  The Final RMD Regulations also provide guidance on several RMD provisions from the SECURE 2.0 Act of 2022 (“SECURE 2.0”), while other provisions were reserved for industry comment by including them in the Proposed RMD Regulations. The Final RMD Regulations are effective for distribution calendar years beginning on or after January 1, 2025.  For distribution calendar years before January 1, 2025, a good faith,

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2025 Pension Plan Limitations

On November 1, 2024, the Internal Revenue Service issued Notice 2024-80, containing the cost-of-living adjustments related to retirement plan limitations under the Internal Revenue Code (the “Code”). These changes will take effect on January 1, 2025. Below are some of the key highlights. The following is a quick reference guide to key limitations for 2023-2025. If you have questions about the new plan limits, please contact us.

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HHS Final Rule Amends HIPAA Privacy Rules Post-Dobbs

ELIZABETH LOH, June 27, 2024 The Department of Health and Human Services (HHS) has issued a final rule which amends the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rules (the “Final Rule”). HHS issued the Final Rule in the wake of the Supreme Court decision in Dobbs v. Jackson Women’s Health Organization.  HHS explains that the Final Rule is meant to support President Biden’s Executive Orders on protecting access to reproductive health care — in particular, by protecting information related to reproductive health care and bolstering patient-provider confidentiality. The new Final Rule will require certain compliance actions by covered entities (e.g., health care providers and group health plans) and their business associates. Prohibitions on Certain Uses and Disclosures of PHI The HIPAA Privacy Rules generally provide that covered entities are prohibited from using or disclosing protected health information (PHI), except as permitted by the HIPAA Privacy Rules. The newly

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The Retirement Security Rule: Designed for Permanency?

YATINDRA PANDYA and ROBERT GOWER, June 27, 2024 Introduction On April 25, 2024 the Department of Labor (DOL) issued the final Retirement Security Rule (the “Final Rule”), providing a new regulatory definition of an “investment advice fiduciary” under the Employment Retirement Income Security Act of 1974 (ERISA). The Final Rule looks to end the DOL’s decades-long effort to replace the 1975 definition of who may be considered a fiduciary when providing investment advice for a fee or other compensation. In 2010, a proposed rule was withdrawn by the DOL. A 2016 final rule (the “2016 fiduciary rule”) was vacated by the Fifth Circuit Court of Appeals in 2018, leaving as the rule a five-part regulatory test issued a year after enactment of ERISA (the “1975 regulation”). For discussion on background leading up to the Final Rule, see our November 30, 2023 article, “Retirement Security Rule: Definition of an Investment Advice

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New Challenges to Pension Risk Transfers

STEPHANIE PLATENKAMP, April 30 2024 Plan sponsors have found it increasingly difficult to predict and manage the cost of their defined benefit pension plans (“DB plans”) due to fluc­tuating interest rates, investment returns, increased costs, and participant longevity. As a result, pension de-risking has become a common way for plan sponsors to manage risk and control costs associated with their DB plans. Pension de-risking transactions take several forms, including paying lump sums to participants in a limited window and restructuring the underlying plan investments to reduce risk. Another strategy for de-risking, which has become increasingly popular, involves transferring plan liabilities to an insurance company. In these transactions, plan sponsors purchase annuity contracts from third-party insurers who then assume responsibility for future benefit payments to participants and beneficiaries covered by the transaction. We refer to these transactions as pension risk transfers.  Three class action complaints filed in March reveal that the

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Ninth Circuit Court of Appeals Clarifies Pleading Standards Applicable to Suits for Violations of the Mental Health Parity and Addiction Equity Act

STEPHANIE LAO, April 30 2024 In Ryan S. v. UnitedHealth Group, Inc., 2024 WL 1561668 (9th Cir. Apr. 11, 2024), the Ninth Circuit Court of Appeals recently overturned a California district court’s dismissal of a lawsuit brought on behalf of a putative class of group health plan participants against UnitedHealth Group, Inc. and its subsidiaries (collectively, “UHC”) alleging violations of the Mental Health Parity and Addiction Equity Act (MHPAEA) and the Employee Retirement Income Security Act of 1974 (ERISA). The Ninth Circuit held that a plaintiff may avoid dismissal by alleging the existence of a procedure used in assessing mental health and substance use disorder (MH/SUD) benefit claims that is more restrictive than those used in assessing medical/surgical claims under the same classification, as long as the allegation is adequately pled. Ryan S. provides valuable insight into the pleading standard plaintiffs must meet when alleging violations of MHPAEA’s mental health

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