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HTMLNew Proposed Rules on ACA Opt-Out Payments
Eva A. Rasmussen; Clifton Budd & DeMaria, LLP;
Legal Alert/Article
August 24, 2016, previously published on July 29, 2016
The IRS has issued proposed regulations that expand upon the treatment of cash incentives provided to an employee if he waives coverage under his employer's health plan (an "Opt-Out Payment").

 

HTMLOntario Takes Action on Pension Funding Reform
Mariette P. H. Matos, Susan G. Seller; Bennett Jones LLP;
Legal Alert/Article
August 17, 2016, previously published on August 4, 2016
In November of last year, as part of its 2015 Economic Outlook and Fiscal Review, the Ontario government announced its plans to review the current solvency funding rules for defined benefit (DB) pension plans. The expedited review was to focus on plan sustainability, affordability and benefit...

 

HTMLMassachusetts Governor Signs Tough Pay Equity Bill
K. Joy Chin, Brian E. Lewis, Stephanie E. Lewis, Mickey Silberman; Jackson Lewis P.C.;
Legal Alert/Article
August 10, 2016, previously published on August 2, 2016
Massachusetts has become the latest state to strengthen its pay equity laws. Governor Charlie Baker signed a bill amending the state’s Equal Pay Act on August 1, 2016. The new law, which becomes effective on July 1, 2018, imposes more rigorous equal pay obligations on employers and provides...

 

HTMLMassachusetts Prepares to Toughen Pay Equity Requirements
Brian E. Lewis, Jennifer L. Seda, Mickey Silberman; Jackson Lewis P.C.;
Legal Alert/Article
August 10, 2016, previously published on July 29, 2016
The Massachusetts legislature has passed a bill to amend the state’s Equal Pay Act that would impose more rigorous equal pay obligations on employers by prohibiting certain conduct. Both house of the legislature (Senate and House of Representatives) passed the bill unanimously in July. The...

 

HTMLSometimes, the Tortoise Loses
Justin P. Katz; Gordon Feinblatt LLC;
Legal Alert/Article
August 5, 2016, previously published on Summer 2016
In late 2008, Richard Montanile, through no fault of his own, was T-boned by a drunk driver who had run through a stop sign. As a result, Montanile sustained significant injuries. At the time of the collision, Montanile was a participant in an employer sponsored health plan (Plan) governed by...

 

HTMLThe Proposed 457 Regulations: Bona Fide Severance Pay Plan and Substantial Risk of Forfeiture
Joanne C. Youn; Caplin & Drysdale, Chartered;
Legal Alert/Article
July 28, 2016, previously published on July 11, 2016
Last month, the IRS issued comprehensive proposed regulations which mark the first official guidance since IRS Notice 2007-62 on the application of Code section 457 to certain deferred compensation plans of state and local governments and tax-exempt entities (the “Proposed...

 

HTMLRecent Litigation Addresses the Benefit Plans of Religious Organizations
Joanne C. Youn; Caplin & Drysdale, Chartered;
Legal Alert/Article
July 12, 2016, previously published on June 13, 2016
The retirement and health plans of churches and certain other religious organizations are entitled to specific exemptions under federal benefits laws. These include an exemption from the fiduciary, funding, and other requirements of the Employee Retirement Income Security Act of 1974...

 

HTMLDodd-Frank and Executive Compensation - Part 1: Status Update
Alexander Song; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 17, 2016, previously published on April 28, 2016
It’s been over five years since the signing of the Dodd-Frank Wall Street Reform and Consumer Act (“Dodd-Frank”) and we are still waiting for the U.S. Securities and Exchange Commission to finalize rules on several provisions related to executive compensation. Below is a summary...

 

HTMLNew York State Enacts Nation’s Most Generous Paid Family Leave Law Effective January 1, 2018
Alexander Song; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
June 16, 2016, previously published on April 19, 2016
Earlier this month Governor Cuomo signed into law New York’s Paid Family Leave Act, which, when fully implemented, will provide virtually all employees in the state up to 12 weeks of paid family leave. Under the law, employees will be entitled to paid leave to (1) care for a family member...

 

HTMLPrivate Equity Funds, Controlled Groups, and Multi Employer Plan Withdrawal Liability: The Lessons of Sun Capital Partners vs. New England Teamsters and Trucking Industry Pension Fund
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 16, 2016, previously published on April 12, 2016
Both the Internal Revenue Code (the “Code”) and the Employee Retirement Income Security Act (“ERISA”) contain rules that aggregate trades and businesses under common control. For the most part, these rules are intended to prevent abuses that might result from breaking a...

 


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