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|New Proposed Rules on ACA Opt-Out Payments|
Eva A. Rasmussen; Clifton Budd & DeMaria, LLP;
August 24, 2016, previously published on July 29, 2016The 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").
|Ontario Takes Action on Pension Funding Reform|
Mariette P. H. Matos, Susan G. Seller; Bennett Jones LLP;
August 17, 2016, previously published on August 4, 2016In 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...
|Massachusetts Prepares to Toughen Pay Equity Requirements|
Brian E. Lewis, Jennifer L. Seda, Mickey Silberman; Jackson Lewis P.C.;
August 10, 2016, previously published on July 29, 2016The 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...
|Massachusetts Governor Signs Tough Pay Equity Bill|
K. Joy Chin, Brian E. Lewis, Stephanie E. Lewis, Mickey Silberman; Jackson Lewis P.C.;
August 10, 2016, previously published on August 2, 2016Massachusetts 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...
|Sometimes, the Tortoise Loses|
Justin P. Katz; Gordon Feinblatt LLC;
August 5, 2016, previously published on Summer 2016In 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...
|The Proposed 457 Regulations: Bona Fide Severance Pay Plan and Substantial Risk of Forfeiture|
Joanne C. Youn; Caplin & Drysdale, Chartered;
July 28, 2016, previously published on July 11, 2016Last 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...
|Recent Litigation Addresses the Benefit Plans of Religious Organizations|
Joanne C. Youn; Caplin & Drysdale, Chartered;
July 12, 2016, previously published on June 13, 2016The 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...
|Dodd-Frank and Executive Compensation - Part 1: Status Update|
Alexander Song; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 17, 2016, previously published on April 28, 2016It’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...
|Fee Schedule Update|
Megan B. Caramore; Vandeventer Black LLP;
June 16, 2016, previously published on May 2016On March 7, 2016, Governor Terry McAuliffe signed legislation to establish a workers' compensation fee schedule in Virginia. Virginia joins 45 other states in adopting a workers' compensation fee schedule. The fee schedule will go into effect on January 1, 2018, and will replace the current system...
|Private 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.;
June 16, 2016, previously published on April 12, 2016Both 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...