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Documents on employee benefits
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|EEOC Clarification on Workplace Wellness Programs Advances|
Francis P. Alvarez, Joseph J. Lazzarotti; Jackson Lewis P.C.;
April 16, 2015, previously published on April 6, 2015According to the EEOC’s March 20 announcement, the proposed rule would amend the regulations implementing the equal employment provisions of the Americans with Disabilities Act to address the interaction between Title I of the ADA, prohibiting employment discrimination, and financial...
|Pensions Liberation - The Ombudsman Speaks at Last...|
Jonathan Moody, Anna Rogers, Ian Wright; Mayer Brown International LLP;
April 16, 2015, previously published on January 2015The Pensions Ombudsman has finally published the first three in a series of determinations dealing with complaints relating to pensions liberation. Eagerly awaited by the pensions industry, these determinations contain useful guidance for trustees on how to deal with transfer requests where they...
|Employment Law Update after Young v. United Parcel Service, Inc.: Must Employers Provide Accommodations for Pregnant Employees?|
Matthew T. Scully, Kathryn M. Willis; Burr & Forman LLP;
April 15, 2015, previously published on March 30, 2015A pregnant employee walks into your office and tells you that she has a lifting restriction of twenty pounds and needs an accommodation because she can’t do her job. What do you do? In Young v. United Parcel Service, Inc., 575 U.S. — (Mar. 25, 2015), the Court faced this issue and was...
|Automatic Enrollment Failures and Correction Methods|
Leslie Thomson; Holland & Hart LLP;
April 15, 2015, previously published on April 7, 2015Last week, the IRS released new safe harbor correction methods for automatic enrollment related failures for 401(k) and 403(b) plans. The new safe harbor correction rules apply to failures involving: (1) an employee who should have been enrolled under a plan’s automatic enrollment feature but...
|Don’t “Dabble” in Employee Benefit Plan Auditing|
Peter J. Larkin; Wilson Elser Moskowitz Edelman & Dicker LLP;
April 15, 2015, previously published on March 27, 2015For years, U.S. Department of Labor Chief Accountant Ian Dingwall has been advising employee benefit plan administrators to avoid using auditors who “dabble” in employee benefit plans. During this period, the DOL has consistently found that approximately one third of the employee...
|SEC Declares Open Season on Employee Agreements|
Duane Morris LLP;
April 14, 2015, previously published on April 6, 2015On April 1, 2015, the United States Securities and Exchange Commission (SEC) announced an enforcement action¿the first of its kind¿against KBR, Inc., for requiring employees involved in internal investigations to maintain confidentiality, which is in violation of the SEC's whistleblower rules.
|Preparation for 2014 Fiscal Year-End SEC Filings and 2015 Annual Shareholder Meetings|
Megan N. Gates, Pamela B. Greene; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
April 14, 2015, previously published on February 3, 2015As our clients and friends know, each year Mintz Levin provides an analysis of the regulatory developments that impact public companies as they prepare for their fiscal year-end filings with the Securities and Exchange Commission (the “SEC”) and their annual shareholder meetings. This...
|Supreme Court Agrees to Decide When ERISA Plans May Recover Benefit Overpayments|
Brian D. Netter, Nancy G. Ross; Mayer Brown LLP;
April 14, 2015, previously published on March 31, 2015When a fiduciary to an employee benefit plan overpays a plan participant, the fiduciary must resort to remedies offered by the Employee Retirement Income Security Act (ERISA). Section 502(a)(3) of ERISA authorizes a fiduciary to recover “appropriate equitable relief”—a nebulous...
|Can a Person Who Receives Disability Benefits Own a Car?|
Chambliss Bahner Stophel P.C.;
April 14, 2015, previously published on April 2015The short answer is yes. Although many disability benefit programs like Supplemental Security Income (SSI) and Medicaid impose resource limits on beneficiaries, a beneficiary's household is allowed to own one vehicle of any value as long as it is used to transport the beneficiary or a member of the...
|Changes to the Federal Pension Standards Regulation - Coming Into Force in Two Stages: April 1, 2015 & July 1, 2016|
Sonia T. Mak; Borden Ladner Gervais LLP;
April 14, 2015, previously published on March 25, 2015The Regulations Amending Certain Regulations Relating to Pensions (the "Amending Regulation") were published on March 25, 2015. The Amending Regulation introduced legislative changes affecting the administration of federally regulated private pension plans and the investment of their...