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HTMLSupreme Court Rejects Analysis of Duration of Retiree Benefits As Contrary to Contract Law
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 26, 2015
On January 26, 2015, the Supreme Court of the United States resolved a long-standing dispute between the Sixth Circuit Court of Appeals and the remainder of the federal judiciary in a case concerning the extent to which retiree health care benefits provided for in a collective bargaining agreement...

 

HTMLIRS Changes Special Tax Notice Requirements for Retirement Plan Distributions
Carl J. Grassi, Amelia Larsen, Antoinette M. Pilzner, Dale R. Vlasek, John M. Wirtshafter; McDonald Hopkins LLC;
Legal Alert/Article
March 3, 2015, previously published on December 4, 2014
Retirement plan administrators for qualified retirement plans are required to provide participants with a special tax notice when the participants receive distributions from the plan which are eligible to be rolled over into another qualified retirement vehicle. On November 24, 2014, the IRS...

 

HTMLMore News on the ORPP
Heather Di Dio; Dentons Canada LLP;
Legal Alert/Article
March 3, 2015, previously published on December 18, 2014
On December 18th, 2014, the Ontario government released its consultation paper on the new Ontario Retirement Pension Plan (ORPP).

 

HTMLFeb. 2 Deadline Looming to Implement Retroactive Increase in 2014 Mass Transit Benefit Limits
Vicki M. Nielsen; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 23, 2015
Affected employers must move quickly to take advantage of a special administrative procedure regarding a retroactive increase in excludable transit benefits enacted on December 19, 2014, under the Tax Increase Prevention Act of 2014 (TIPA). Because affected Internal Revenue Service (IRS)...

 

HTMLHow a Health Benefit Can Be a Wolf in Sheep’s Clothing
Bret Busacker, Bret Clark; Holland Hart LLP;
Legal Alert/Article
March 3, 2015, previously published on January 14, 2015
health plans provided by employers to employees are subject to 40 years of federal regulation from ERISA, to COBRA, to HIPAA, to ACA. What many employers don’t realize is that the definition of group health plan is not limited to traditional major medical plans. These federal laws generally...

 

HTMLMandatory Retirement Plans in Illinois
Karen N. Brandon, Aimee E. Dreiss; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
March 3, 2015, previously published on January 5, 2015
Is Illinois the precursor to mandatory retirement savings programs across the country the way that Massachusetts was for mandatory health care? Illinois has become the first state to require that private-sector employers offer their employees retirement benefits. The Illinois Secure Choice Savings...

 

HTMLUpcoming New Rules for New Category of PEO
Jeffrey S. Ashendorf; Ford & Harrison LLP;
Legal Alert/Article
March 2, 2015, previously published on February 20, 2015
The Tax Increase Prevention Act of 2014 ("TIPA") was signed into law by President Obama in December of last year. One of the changes made by the Act (Section 206) was a change in the Internal Revenue Code to create - and to give the IRS the authority to recognize - a new category of...

 

HTMLEx-Husband Fails in Attempt to Use Texas Law to Impose Constructive Trust on Former Spouse’s Survivor Annuity
Mark S. Thomas; Williams Mullen;
Legal Alert/Article
March 2, 2015, previously published on January 29, 2015
A former husband’s attempt to use Texas law to deprive his first wife of a survivor annuity under his pension plan has been firmly rejected by the U. S. Court of Appeals for the District of Columbia. Vanderkam v. Vanderkam, No. 13-5163 (D. C. Cir. January 20, 2015), held that ERISA preempted...

 

HTMLIn Post-Dudenhoeffer Decision, Class Action Plaintiffs Are Allowed to Pursue Their Claims For Fiduciary Breach Against Eastman Kodak Plans
Mark S. Thomas; Williams Mullen;
Legal Alert/Article
March 2, 2015, previously published on December 23, 2014
A federal district court has permitted plaintiffs to pursue class actions against the fiduciaries of two Eastman Kodak defined contribution plans on the ground that those fiduciaries failed to prudently manage the plan funds. Gedek v. Perez, No. 12-CV-6051L (W.D.N.Y December 17, 2014), involves...

 

HTMLUpdate on the New, Mandatory Ontario Retirement Pension Plan
Heather Di Dio; Dentons Canada LLP;
Legal Alert/Article
March 2, 2015, previously published on December 19, 2014
On December 8, 2014, the Ontario government introduced Bill 56: An Act to require the establishment of the Ontario Retirement Pension Plan regarding the establishment of the new, mandatory Ontario Retirement Pension Plan (ORPP) effective January 1, 2017. Bill 56 provides information about...

 


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