Financial Wellness Beyond Education: Closing the Retirement Readiness Gap - Marcia Wagner, panelist, ebri Benefits at Work conference, September 16, 2026 - Click here for details
Practice Area
Pension Funds Say Government Insurer Botched Bailout Program
Pension Funds Say Government Insurer Botched Bailout Program - Israel Goldowitz, Bloomberg Law, September 2, 2026 (PDF)
Empower Spotlights Major Shift Ahead for Your Retirement
Empower Spotlights Major Shift Ahead for Your Retirement - Marcia Wagner, The Street, August 20, 2026 (PDF)
Trustees Exceeded Easement Rights on Cape Pogue, Judge Rules
Trustees Exceeded Easement Rights on Cape Pogue, Judge Rules - Denise Chicoine, Vineyard Gazette, August 13, 2026 (PDF)
Behind the Curtain: Undraping CAA 2026 & Its Impact on Benefits Transparency
Behind the Curtain: Undraping CAA 2026 & Its Impact on Benefits Transparency - Thomas Clark, Jr., panelist, Foundation Risk Partners/Corporate Synergies webinar, August 11. 2026 - Click here...
Tobacco Penalty Suit Frenzy Reveals Post-Loper Bright Disarray
Tobacco Penalty Suit Frenzy Reveals Post-Loper Bright Disarray - Andrew Oringer, Bloomberg Law, July 30, 2026 (PDF)
Merrill Lynch’s ‘Hail Mary’ Attempt to Compel Dynasty into Arbitration Over OpenArc Breakaway Fell Yards Short After a Federal Judge Blocked the Effort
Merrill Lynch's 'Hail Mary' Attempt to Compel Dynasty into Arbitration Over OpenArc Breakaway Fell Yards Short After a Federal Judge Blocked the Effort - Ari Sonneberg, RIABiz, July 26, 2026 (PDF)
Online Legal Research Secrets and Websites You’ll Wish You Knew About Sooner
Online Legal Research Secrets and Websites You’ll Wish You Knew About Sooner - David Gabor, panelist, National Business Institute (NBI) Live Webinar, October 16, 2026, 10:00 AM - 5:00 PM (EDT) -...
The Reality of ‘Frenemies’ in Provider Relationships
The Reality of ‘Frenemies’ in Provider Relationships - Marcia Wagner, planadviser, July 16, 2026 (PDF)
Proposal for the Establishment of the Defined Contribution Cybersecurity Insurance Corporation
By Ari Sonneberg and Barry Salkin In its January 2026 statement of enforcement policy, the Department of Labor (“DOL”) indicated that cybersecurity and data protection were its highest priority. ...
DOL Audit Yields Recommendations for 3 Agencies
DOL Audit Yields Recommendations for 3 Agencies - Andrew Oringer, PLANSPONOSR, July 8, 2026 (PDF)
Marshal S. Grant Joins The Wagner Law Group’s Boston Office
Marshal S. Grant Joins The Wagner Law Group’s Boston Office - The Wagner Law Group Press Release, July 7, 2026 (PDF)
Anthony G. Provenzano Joins The Wagner Law Group’s Washington, D.C. Office
Anthony G. Provenzano Joins The Wagner Law Group’s Washington, D.C. Office - The Wagner Law Group Press Release, July 6, 2026 (PDF)
What Makes a Provider Partnership Truly ‘Fiduciary-Ready’?
What Makes a Provider Partnership Truly ‘Fiduciary-Ready’? - Ari Sonneberg, planadviser, July 2, 2026 (PDF)
Key Democrat Worries DOL Alts Rule Would Cause Public Markets to ‘Wither’
Key Democrat Worries DOL Alts Rule Would Cause Public Markets to 'Wither' - Andrew Oringer, Wealth Management, June 30, 2026 (PDF)
Mastering Conservation Easement Appraisals: Think Like The IRS
Mastering Conservation Easement Appraisals: Think Like The IRS - Stephen Small, panelist, University of Utah S.J. Qiunney College of Law Live Virtual Program, August 12, 2026, 10;00 AM - 6:00 PM...
Pontera Turns to Washington Insiders in a Backdoor Plan to Shake Loose Fidelity’s File-Sharing Ban
Pontera Turns to Washington Insiders in a Backdoor Plan to Shake Loose Fidelity's File-Sharing Ban - Ari Sonneberg, RIABiz, June 23, 2026 (PDF)
AI in Document Review and Management: The Ultimate Guide
AI in Document Review and Management: The Ultimate Guide - David Gabor, panelist, National Business Institute live webinar, September 22, 2026, 10:00 AM - 5:00 PM (EDT) - Click here for details and...
THE TAX IMPLICATIONS OF FRINGE BENEFITS: Everything You Need To Know For All Municipal and School Officials
The Tax Implications of Fringe Benefits: Everything You Need To Know For All Municipal and School Officials - Marcia Wagner, presenter, The Institute for Professional Development, Aug 12, 2026 -...
Legal Writing Skills Every Attorney Must Know
Legal Writing Skills Every Attorney Must Know - David Gabor, panelist, National Business Institute live webinar, June 11, 2026, 10:00 AM - 5:00 PM (EDT) - Click here for details
Chambers USA Recognizes The Wagner Law Group and Attorneys Harold Ashner, Eric Keller, Andrew Oringer, Roberta Casper Watson and Stephen Wilkes
Chambers USA Recognizes The Wagner Law Group and Attorneys Harold Ashner, Eric Keller, Andrew Oringer, Roberta Casper Watson and Stephen Wilkes - EIN Presswire, June 5, 2026 (PDF)
Supreme Court Decision on Multiemployer Plan Valuation May Increase Withdrawal Liability Assessments
By Israel Goldowitz Withdrawn employers have always sought to minimize withdrawal liability, while multiemployer plans have sought to maximize it. The Pension Benefit Guaranty Corporation (PBGC) has...
IRS Announces 2027 HSA, HDHP and HRA Limits
By Ari Sonneberg The Internal Revenue Service has announced the 2027 calendar year dollar limits for health savings account (“HSA”) contributions, the minimum deductible amounts, and the maximum...
Schwab Clarifies That its Mass Proliferation of ‘Wealth’ Offices Nationally is Way to Generate ‘Connectivity’
Schwab Clarifies That its Mass Proliferation of 'Wealth' Offices Nationally is Way to Generate 'Connectivity' - Ari Sonneberg, RIABiz, June 1, 2026 (PDF)
Cuts To Benefits Come With Risks For Employers, Attys Say
Cuts To Benefits Come With Risks For Employers, Attys Say - Andrew Oringer, Law360, May 29, 2026 (PDF)
Washington, D.C. Office Benefits Bulletin Newsletter
Our periodic Washington D.C. newsletter highlights the expertise of our Wagner Law Group attorneys analyzing legislative, regulatory and other cutting-edge benefits issues arising from activity in...
‘Withdrawal Liability’ May Rise After Supreme Court Decision
‘Withdrawal Liability’ May Rise After Supreme Court Decision - Marcia Wagner, SHRM, May 21, 2026 (PDF)
The Wagner Law Group Welcomes Jason Lindquist as Chief Financial Officer
We are delighted to announce that Jason Lindquist has joined our firm as Chief Financial Officer. Jason’s exceptional financial acumen, strategic leadership, and operational expertise make him an...
AI Enters ERISA’s Document-Heavy World, Promising Benefits and Revealing Risks
AI Enters ERISA’s Document-Heavy World, Promising Benefits and Revealing Risks – Marcia Wagner, PLANSPONSOR, May 18, 2026 (PDF)
What’s at the Top of Tom Clark’s Regulatory Watchlist? PSCA National
What’s at the Top of Tom Clark's Regulatory Watchlist? PSCA National - Thomas Clark, Jr., National Association of Plan Advisors (NAPA), May 8, 2026 (PDF)
HIPAA Best Practices for HR: Ensuring Confidentiality of Medical Information
HIPAA Best Practices for HR: Ensuring Confidentiality of Medical Information – Marcia Wagner, Presenter, National Business Institute (NBI) North Dakota Human Resource Law Boot Camp, May 12, 2026 –...
Keeping Your Retirement Savings Clear of the Government’s Thumb
Keeping Your Retirement Savings Clear of the Government’s Thumb - Marcia Wagner, Advisor Perspectives, May 5, 2025 (PDF)
LTD Benefit Denial Appropriate Where Process Resolved Structural Conflict Of Interest
The Ninth Circuit Court of Appeals, in Wallace v. Hartford Life, has upheld a lower court’s determination that a Long-Term Disability (“LTD”) plan’s benefit denial was appropriate despite a clear...
IRS Issues Updated FAQs on Code Section 127 Educational Assistance Programs
The IRS has issued updated frequently asked questions (“FAQs”) regarding educational assistance programs under Internal Revenue Code (“Code”) Section 127. The revised FAQs implement certain changes...
CMS Regulations Exempt HRAs from Medicare Part D Notice Requirements
The Centers for Medicare and Medicaid Services (“CMS”) has issued final regulations relieving account-based plans, including health reimbursement arrangements (“HRAs”) and Individual Coverage HRAs...
Retirement Plan AI Spurs Evolving Risks for Employer Sponsors
Retirement Plan AI Spurs Evolving Risks for Employer Sponsors - Marcia Wagner, Bloomberg, April 20, 2026 (PDF)
Advisors on the Hook: ERISA Panel Says Burden of Proposed Rule Falls Squarely on Plan Advisors
Advisors on the Hook: ERISA Panel Says Burden of Proposed Rule Falls Squarely on Plan Advisors - Marcia Wagner, National Association of Plan Advisors (NAPA), April 20, 2026 (PDF)
Beyond ‘Set It and Forget It:’ Advisors on Winning New Business at the Participant Level
Beyond 'Set It and Forget It:' Advisors on Winning New Business at the Participant Level - Thomas Clark, Jr., National Association of Plan Advisors (NAPA), April 19, 2026 (PDF)
States’ Efforts to Rein in PBMs Hit a Legal Roadblock
States' Efforts to Rein in PBMs Hit a Legal Roadblock - Marcia Wagner, Axios, April 15, 2026 (PDF)
Easter Egg Hunts Fuel Homeowner’s Averse Possession Claim
Easter Egg Hunts Fuel Homeowner’s Averse Possession Claim - Denise Chicoine, Massachusetts Lawyers Weekly, April 16, 2026 (PDF)
From Capitol Hill to Cigar City: NAPA Summit Roars Into Tampa
From Capitol Hill to Cigar City: NAPA Summit Roars Into Tampa - Marcia Wagner, National Association of Plan Advisors (NAPA), April 14, 2026 (PDF)
Department of Labor Proposes New Fiduciary Safe Harbor for Investment Selection in Defined Contribution Plans
By Barry Salkin, Andrew Oringer, Stephen Wilkes and Ari Sonneberg Yesterday, March 31, 2026, the U.S. Department of Labor (the “DOL”) issued a proposed regulation (the “Proposed Regulation”) under...
Court Favors Employee in Determining Extent of LTD Plan Reimbursement
In Ehrlich v. Hartford Life & Accident Ins. Co., the U.S. District Court for the Northern District of California has ruled that when the administrator of a long-term disability (“LTD”) plan...
DOL’s Push to Curb 401(k) Suits Could Face Court Challenges
DOL's Push to Curb 401(k) Suits Could Face Court Challenges - Andrew Oringer, Law360, March 31, 2026 (PDF)
Initial Guidance Regarding Trump Accounts
Initial Guidance Regarding Trump Accounts - Marcia Wagner and Jon C. Schultze, 401(k) Advisor, March, 2026
A Retirement Saver Protection Rule Has Died — for the Second Time. What it Means for Investors
A Retirement Saver Protection Rule Has Died — for the Second Time. What it Means for Investors - Andrew Oringer, CNBC, March 30, 2026 (PDF)
401(k) Alternative Asset Rule Proposed by Labor Department
401(k) Alternative Asset Rule Proposed by Labor Department - Andrew Oringer, CNBC, March 30, 2026 (PDF)
Should You Plan to Address “Plan Assets” Questions Under ERISA?
A recent judicial decision from the U.S. Court of Appeals for the Second Circuit, decided yesterday, March 26, 2026, shows the importance of the “plan assets” analysis under the Employee Retirement...
How Retirement Fiduciaries Can Help Health Plan Fiduciaries
How Retirement Fiduciaries Can Help Health Plan Fiduciaries - Andrew Oringer, planadviser, March 27, 2026 (PDF)
Fintech Friday: How Ted Benna Is ‘Growing’ Participant Engagement
Fintech Friday: How Ted Benna Is ‘Growing’ Participant Engagement - Marcia Wagner, National Association of Plan Advisors, March 26, 202 (PDF)
Massachusetts Wage & Hour Issues: Traps for the Unwary
Webinar: Massachusetts Wage & Hour Issues: Traps for the Unwary - Katherine Brustowicz and Denise Chicoine The Wagner Law Group, free webinar, April 29, 2026, 12:00 - 12:45 PM (EDT) - Click here...
ERISA’s Five-Part Test Defining Investment-Advice Fiduciary Formally Reinstated by the Department of Labor
By Barry Salkin While it may have been simply a formality once the U.S. Department of Labor (DOL) advised the Court of Appeals for the Fifth Circuit that it was withdrawing its appeal of two Texas...
Employer May Terminate Health Care Coverage When Employee is on FMLA Leave
In Kliskey v Making Opportunity Count, Inc., the U.S. District Court for the District of Massachusetts ruled that an employee could not show illegal retaliation or interference under the Family and...
Appeals Court Reverses Judge’s Interpretation of LTD Policy
Appeals Court Reverses Judge’s Interpretation of LTD Policy - Johanna Matloff, Massachusetts Lawyers Weekly, March 18, 2026 (PDF)
Appeals Court Ruling Upends Path for ERISA Class Actions
Appeals Court Ruling Upends Path for ERISA Class Actions - Andrew Oringer, PLANSPONSOR, March 17, 2026 (PDF)
Dead Yet! – The NeverEnding Story of the Amended Fiduciary Rule Has Ended . . . for Now
by Andrew Oringer In prior Alerts, we have chronicled in some detail recent developments relating to the so-called Amended Fiduciary Rule under the Employee Retirement Income Security Act of 1974...
Wealthfront CEO Disgorges his Mortgage Broker About a Month After the ‘Textbook Conflict’ Came to Light
Wealthfront CEO Disgorges his Mortgage Broker About a Month After the 'Textbook Conflict' Came to Light - Ari Sonneberg, RIABiz, March 16, 2026 (PDF)
4th Circ. Genworth Ruling Raises Bar For ERISA Class Actions
4th Circ. Genworth Ruling Raises Bar For ERISA Class Actions - Andrew Oringer, Law360, March 13, 2026 (PDF)
No Harm, No COBRA Penalty
In Rochelle v. City of Atlanta, the U.S. Court of Appeals for the Eleventh Circuit upheld a lower court’s decision that a terminated employee was not eligible to receive penalties for a COBRA notice...
A Cushman Climate-Risk Lawsuit Reveals the ESG Debate’s New Fault Line
A Cushman Climate-Risk Lawsuit Reveals the ESG Debate’s New Fault Line - Marcia Wagner, Pensions & Investments, March 11, 2026 (PDF)
Exxon Cements Texas As Delaware’s Emerging Rival
Exxon Cements Texas As Delaware's Emerging Rival - Andrew Oringer, Law360, March 11, 2026 (PDF)
Planning for Family Leave? Read the Fine Print
Planning for Family Leave? Read the Fine Print - David Gabor and Katherine Brustowicz, Rethinking65, March 10, 2026 (PDF)
Can AI Turn the Attorney-Client Privilege into a Hallucination?
By Denise Chicoine and Andrew Oringer It has become axiomatic to say that artificial intelligence (AI) is everywhere. As the world is changing, the bar organizations and associations that have an...
DOL Announces Revised Enforcement Priorities
The Department of Labor (“DOL”) has announced the overhaul of its national enforcement projects for fiscal year 2026. DOL’s national enforcement projects highlight “where it will focus its...
2026 Fiduciary Issues Affecting Financial Advisers
2026 Fiduciary Issues Affecting Financial Advisers - Marcia Wagner, presenter, The Financial Planning Association FPA SHIFT™ conference, La Jolla, CA, April 22, 2026 - Click here for details
With Schwab’s New $5-per-RIA-Client Trading Fees Set to Activate Tuesday, Michael Kitces Calls it a ‘Walking-Back’ of Chuck’s 2019, Zero-Commission Pledge
With Schwab's New $5-per-RIA-Client Trading Fees Set to Activate Tuesday, Michael Kitces Calls it a 'Walking-Back' of Chuck's 2019, Zero-Commission Pledge - Ari Sonneberg, RIABiz, February 27, 2026...
President Trump Announces New Federal Matching Retirement Program
During his February 24th State of the Union address, President Donald Trump announced a new federal initiative aimed at expanding retirement plan access for the approximately 50 million Americans...
4 Questions About Trump’s Retirement Savings Pitch
4 Questions About Trump's Retirement Savings Pitch - Andrew Oringer, LAW360, February 26, 2025 (PDF)
Pharmacy Benefit Manager Contracting for Fully Insured and Self-Funded Group Plans
Pharmacy Benefit Manager Contracting for Fully Insured and Self-Funded Group Plans - Stephen Wilkes, panelist, BARBRI CLE webinar, April 30, 2026, 1:00 - 2:30 PM (EDT) - Click here for details and...
Court Rejects FMLA Claims Because Employee “Would Have Been Terminated Anyway”
In Wilkie v. Outokumpo USA, the Court of Appeals for the Eleventh Circuit ruled that an employer can defend itself again claims of Family and Medical Leave Act (“FMLA”) violations by demonstrating...
Proposed PBM Fee Disclosure Regulations – A Major Gamechanger
By Stephen Wilkes, Camille Castro and Roberta Casper Watson On January 30, 2026, the Department of Labor (the “DOL”) issued a proposed rule, “Improving Transparency into Pharmacy Benefit Manager Fee...
Updated United States Postal Service Rules May Affect Employee Benefits Filings
By Barry Salkin and Jon Schultze The United States Postal Service (“USPS”) recently made a regulatory change that impacts when a piece of mail is considered to have been accepted by the USPS. This...
Merrill Lynch Files Motion that Berates ‘Dynasty’ for ‘Reneging’ on Arbitration
Merrill Lynch Files Motion that Berates 'Dynasty' for 'Reneging' on Arbitration - Ari Sonneberg, RIABiz, February 17, 2026 (PDF)
The EEOC Pulled its Harassment Guidance. Now What?
The EEOC Pulled its Harassment Guidance. Now What? - Katherine Brustowicz and David Gabor, panelists, The Wagner Law Group complimentary webinar, March 11, 2026, 12:00 PM - 12:45 PM (EDT) - Click...
2027 ACA Out-of-Pocket Limits Announced
Health and Human Services (“HHS”) has announced the maximum out-of-pocket (“OOP”) limits that will apply to non-grandfathered plans for plan years beginning in 2027. The OOP limits are based on...
Why 1 Law Firm Picked a PEP
Why 1 Law Firm Picked a PEP - Marcia Wagner, PLANSPONSOR, February 2, 2026 (PDF)
Court Affirms Insurer’s LTD Benefit Denial
In Hans v. Unum, the U.S. District Court for the Eastern District of Pennsylvania has ruled that the court cannot substitute its judgment to for an insurer’s comprehensive and reasoned benefits...
A Playbook on the IRS’s Final Regulations on the Roth Catch-Up Contribution Requirement under the SECURE 2.0 Act
A Playbook on the IRS’s Final Regulations on the Roth Catch-Up Contribution Requirement under the SECURE 2.0 Act - Marcia Wagner, Jon C. Schultze and Barry L. Salkin, 401(k) Advisor, January, 2026
From Automation to Personalization: How AI Will Redefine Retirement Plans by 2030
From Automation to Personalization: How AI Will Redefine Retirement Plans by 2030 - Marcia Wagner, National Association of Plan Advisors, January 27, 205 (PDF)
Roberta Casper Watson Recognized in Tampa Magazine’s 2026 Top Lawyers List
Roberta Casper Watson Recognized in Tampa Magazine’s 2026 Top Lawyers List - The Wagner Law Group Press Release, January 26, 2026 (PDF)
Proposed Regulations Would Exempt HRAs from Medicare Part D Notice Requirements
The Centers for Medicare and Medicaid Services (“CMS”) has issued proposed regulations that would relieve health reimbursement arrangements (“HRAs”), including Individual Coverage HRAs (“ICHRAs”),...
Beyond the Plan: Maximizing the Participant Relationship to Win New Business
Beyond the Plan: Maximizing the Participant Relationship to Win New Business - Thomas Clark, Jr., panelist, National Association of Plan Advisors 2026 401(k) Summit, Tampa, FL, April 19 – 21, 2026 –...
Major ERISA Reform Bill Moves Forward
By Ari Sonneberg and Barry Salkin The U.S. House of Representatives has passed the Protecting Prudent Investment of Retirement Savings Act (H.R. 2988), which proposes substantial amendments to the...
Initial Guidance Regarding Trump Accounts
Jon Schultze focuses on Employee Benefits and...
Lawyers, Funds & Money: ERISA Litigation Applied to Your Practice
Lawyers, Funds & Money: ERISA Litigation Applied to Your Practice - Marcia Wagner, panelist, National Association of Plan Advisors 2026 401(k) Summit, Tampa, FL, April 19 - 21, 2026 - Click here...
FMLA Leave May Be Used for Travel Time to Medical Appointments
In Advisory Opinion FMLA2026-2 (“Advisory Opinion”), the Department of Labor (“DOL”) has said that employees may use leave under the Family and Medical Leave Act (“FMLA”) for time spent traveling to...
Dream Team: Critical Litigation Lessons from Top ERISA Attorneys
Dream Team: Critical Litigation Lessons from Top ERISA Attorneys - Marcia Wagner, National Association of Pension Advisors, January 13, 2026 (PDF)
Wealthfront’s Shares Nosedive After Tepid Flows and ‘Stark’ Revelation that its CEO Owns the Bank at Heart of Robo-Advisor’s Mortgage Future
Wealthfront's Shares Nosedive After Tepid Flows and 'Stark' Revelation that its CEO Owns the Bank at Heart of Robo-Advisor's Mortgage Future - Ari Sonneberg, RIABiz, January 13, 2025 (PDF)
Transition Period for State Paid Family and Medical Leave Programs Extended
The IRS, in Notice 2026-6, has issued a one year extension of the transition period provided in Revenue Ruling 2025-4 for states and employers administering paid family and medical leave (“PFML”)...
Envestnet ‘Intentionally’ Destroyed Crucial Evidence, a Judge Has Ruled
Envestnet 'Intentionally' Destroyed Crucial Evidence, a Judge Has Ruled - Ari Sonneberg, RIABiz, January 5, 2026 (PDF)
Easter Egg Hunts Fuel Homeowner’s Adverse Possession Claim
Easter Egg Hunts Fuel Homeowner’s Adverse Possession Claim - Denise Chicoine, Massachusetts Lawyers Weekly, December 29, 2025 (PDF)
Bringing Alternatives to DC Plan Participants Tops 2026 Regulatory Priorities
Bringing Alternatives to DC Plan Participants Tops 2026 Regulatory Priorities - Andrew Oringer, Pensions & Investments, December 22, 2025 (PDF)
Alternative Investments in 401(k) Plans: Executive Order Implications and Key Fiduciary Considerations
Alternative Investments in 401(k) Plans: Executive Order Implications and Key Fiduciary Considerations - Stephen Wilkes, John Sohn and Camille Castro, The Wagner Law Group White Paper, December 18,...
IRS Provides Guidance on Changes to HSAs
The Internal Revenue Service has issued Notice 2026-5 which provides guidance in the form of Q&As on the changes to Health Savings Account (“HSA”) requirements under the One, Big, Beautiful Bill...
Tip Tip Hooray? – Have Proxy Advisors Hit a Tipping Point? Trump Administration Issues Executive Order on Proxy Advisors
by Andrew L. Oringer After years of handwringing by those opposed to the influence of proxy-advisory firms, are the storm clouds over those firms about to release a torrent? The most recent bolt of...
4 Big ERISA Litigation Developments From 2025’s 2nd Half
4 Big ERISA Litigation Developments From 2025's 2nd Half - Andrew Oringer, Law360, December 12, 2025 (PDF)
Court Reaffirms ERISA Preemption Criteria
The U.S. Court of Appeals for the Ninth Circuit, in Dedicato Treatment v. Aetna Life Insurance, has reaffirmed its criteria for ERISA preemption. Law. ERISA generally preempts “any and all state...
Court Finds Insurer’s Interpretation of Pre-existing Condition Limitation Unreasonable
The U.S. Court of Appeals for the Eleventh Circuit, in Johnson v Reliance Standard, overruled an insurer’s interpretation of its own preexisting condition exclusion, stating that the interpretation...
Employee Benefits Complaint vs. Johnson & Johnson Dismissed for Second Time
Employee Benefits Complaint vs. Johnson & Johnson Dismissed for Second Time - Andrew Oringer, PLANSPONSOR, December 5, 2025 (PDF)
Duress
Duress - Barry Salkin, Wolters Kluwer Benefits Law Journal, Winter 2025, Vol. 38, No. 4
Pontera’s Last-Bid Gambit to Turn Fidelity Credential-Sharing Ban Into an ‘Investor Rights Issue,’ Falls Flat
Pontera's Last-Bid Gambit to Turn Fidelity Credential-Sharing Ban Into an 'Investor Rights Issue,' Falls Flat - Ari Sonneberg, RIABiz, December 1, 2025 (PDF)
Employer Must Investigate Possible FMLA Leave Request
In James v. FedEx Freight, the U.S. Court of Appeals for the Eleventh Circuit ruled that a jury must decide whether an employer received sufficient information from an employee to be required to...
Dead Yet? – The NeverEnding Story of the Amended Fiduciary Rule May Just Have Ended
By Andrew Oringer In prior Alerts, we have chronicled in some detail recent developments relating to the so-called Amended Fiduciary Rule under the Employee Retirement Income Security Act of 1974...
Consumer Choice v. DOL
Consumer Choice v. DOL
Woman-Owned Employee Benefits Law Firm of the Year – USA
2025 Woman-Owned Employee Benefits Law Firm of the Year - USA - The Wagner Law Group, IE 100 Magazine, Autumn/Winter 2025 (PDF)
Overcoming Hiring and Firing Obstacles
Overcoming Hiring and Firing Obstacles - Katherine Brustowicz, presenter, National Business Institute's Advanced Human Resources Law webinar, December 17, 2025, 10:00 AM - 5:00 PM (EST) - Click here...
Tackling Executive Employment Arrangements and Compensation Issues With Finesse
Tackling Executive Employment Arrangements and Compensation Issues With Finesse - Marcia Wagner, presenter, National Business Institute's Advanced Human Resources Law webinar, December 17, 2025,...
Fidelity Unit Warns of ‘Massive Outages Across Major Fidelity Platforms,’ in New Lawsuit
Fidelity Unit Warns of 'Massive Outages Across Major Fidelity Platforms,' in New Lawsuit - Ari Sonneberg, RIABiz, November 17, 2025 (PDF)
Employer Avoids COBRA Penalties By Documenting Notification Procedures
In Casillas-Guardiola v. Bayer Puerto Rico, the U.S. District Court for the District of Puerto Rico ruled that a terminated employee who claimed she did not receive a COBRA election notice was not...
IRS Announces 2026 Cost-of-Living Adjustments Affecting Retirement Plans
The Internal Revenue Service announced cost-of-living adjustments affecting certain dollar limitations for pension plans and other retirement-related limitations for 2025 in Notice 2025-67. The...
The Wagner Law Group’s Washington, D.C. Office Benefits Bulletin Newsletter
Our periodic Washington D.C. newsletter highlights the expertise of our Wagner Law Group attorneys analyzing legislative, regulatory and other cutting-edge benefits issues arising from activity in...
Nation’s Top Employee Benefits Lawyers Organization Holds Celebratory Dinner
Nation's Top Employee Benefits Lawyers Organization Holds Celebratory Dinner - The Wagner Law Group Press Release, November 10,2025 (PDF)
IRS Announces 2026 PCORI Fee
IRS has released Notice 2025-61, which provides the “applicable dollar amount” for the Patient-Centered Outcomes Research Institute (“PCORI”) fee for plan years that end on or after October 1, 2025,...
Court Explains Standards for Waiver of ERISA Rights
The U.S. Court of Appeals for the Second Circuit ruled, in Schuyler v. Sun Life Assurance Company of Canada, that an insurer failed to demonstrate that a long-term disability (“LTD”) plan...
Alts May Be Headed to DC Plans—But Experts Urge Caution Before a Big Move
Alts May Be Headed to DC Plans—But Experts Urge Caution Before a Big Move - Marcia Wagner, PLANSPONSOR, October 31, 2025 (PDF)
DOL Issues Guidance to Encourage Small Employers to Participate in Pooled Employer Plans (PEPs)
DOL Issues Guidance to Encourage Small Employers to Participate in Pooled Employer Plans (PEPs) - Marcia Wagner, Camille Castro, Barry L. Salkin and Stephen P. Wilkes, 401(k) Advisor, October, 2025
Roth Catch-Up ‘Playbook’ Can Guide Advisers Through Compliance
Roth Catch-Up ‘Playbook’ Can Guide Advisers Through Compliance - Barry Salkin and Jon Schultze, planadviser, October 29, 2025 (PDF)
Employer Provided Fertility Benefits: Has the Time Come?
On October 16, 2025, the Departments of Labor, Health and Human Services, and Treasury (the “Agencies”) issued FAQ 72, Frequently Asked Questions about Affordable Care Act Implementation (the...
Free Webinar: The impact of the Circuit Court Split on Employer Liability for Third-Party Harassment
The impact of the Circuit Court Split on Employer Liability for Third-Party Harassment - Katherine Brustowicz and David Gabor, panelists, The Wagner Law Group webinar, November 19, 2025, 12:00 -...
Fiduciary Liability Critical in Russell Investments ERISA Case
Fiduciary Liability Critical in Russell Investments ERISA Case - Marcia Wagner, PLANSPONSOR, October 16, 2025 (PDF)
Private Investments in 401(k)s
Private Investments in 401(k)s - Marcia Wagner, panelist, Francis live webinar, October 29, 2025, 1:00 PM (EDT) - Click here for recording
Employer May Be Liable for Silence on Benefit Provisions
The U.S. District Court for the District of Massachusetts has ruled, in Erban v. Tufts Medical Center, that an employer may violate its fiduciary duties by failing to inform a participant about...
A Playbook on the IRS’s Final Regulations on the Roth Catch-Up Contribution Requirement Under the SECURE 2.0 Act
By Jon Schultze and Barry Salkin On September 16, 2025, the Internal Revenue Service (“IRS”) issued final regulations providing guidance on changes made by the SECURE 2.0 Act of 2022 to the catch-up...
A Current Look At Independent Fiduciaries Under ERISA
A Current Look At Independent Fiduciaries Under ERISA - Stephen Wilkes, Journal of Pension Planning & Compliance, Vol. 51, No. 3, Fall 2025
Department of Labor Supports Employers in Forfeiture Allocation Litigation
Department of Labor Supports Employers in Forfeiture Allocation Litigation - Marcia Wagner, Barry L. Salkin and Stephen P. Wilkes, 401(k) Advisor, September, 2025
Court Reviews FMLA Employee Certification and Notice Requirements
In Jackson v. U. S. Postal Service, the Court of Appeals for the Sixth Circuit has ruled that a medical certification under the Family and Medical Leave Act (“FMLA”) does not create a “hard cap” on...
Employer May Not Unilaterally Impose Arbitration Requirement
In Platt v. Sodexo, the U.S. Court of Appeals for the Ninth Circuit has ruled that an employer cannot create an arbitration requirement by unilaterally modifying an ERISA-covered group health plan....
Blueprint for Success: Marcia Wagner’s Guiding Principles
Blueprint for Success: Marcia Wagner’s Guiding Principles - Marcia Wagner, Trailblazers Webinar by Income Conductor, Tuesday, September 30, 2025 - Click here for recording
“End Run” Around ERISA Remedies Not Permitted
In Orabona v. Santander Banks, the U.S. Court of Appeals for the First Circuit confirmed the extent of ERISA preemption over state laws. Law. ERISA generally preempts “any and all State laws insofar...
Retaining an Independent Fiduciary to Address Prohibited Transactions or Enable Plan Fiduciaries to Appropriately Allocate Risk
Retaining an Independent Fiduciary to Address Prohibited Transactions or Enable Plan Fiduciaries to Appropriately Allocate Risk - Marcia Wagner, Stephen Wilkes and Seth Gaudreau, 401(k) Advisor,...
4 Appellate Arguments for Benefits Attys to Watch in Sept.
4 Appellate Arguments for Benefits Attys to Watch in Sept. - Andrew Oringer, Law360, August 29, 2025 (PDF)
14 Attorneys from The Wagner Law Group to be Recognized in 2026 Edition of The Best Lawyers in America©
14 Attorneys from The Wagner Law Group to be Recognized in 2026 Edition of The Best Lawyers in America© - The Wagner Law Group Press Release, August 21, 2025 (PDF)
Agencies Suspend Limited Duration Health Insurance Rules
In a Statement issued August 7, 2025, the Departments of Labor, Health and Human Services (“HHS”), and the Treasury (the “Departments”) have announced they will not enforce the current regulations...
Envestnet’s Six-Year Legal Fight Over Software ‘Misappropriation’ Dealt Likely Major Blow After a Key Ruling
Envestnet's Six-Year Legal Fight Over Software 'Misappropriation' Dealt Likely Major Blow After a Key Ruling - Ari Sonneberg, RIABiz, August 20, 2025 (PDF)
The Wagner Law Group’s Washington, D.C. Office Benefits Bulletin Newsletter
Our periodic Washington D.C. newsletter highlights the expertise of our Wagner Law Group attorneys analyzing legislative, regulatory and other cutting-edge benefits issues arising from activity in...
Association’s Disability Plan Not Covered by ERISA
In Advisory Opinion 2025-02, the Department of Labor (“DOL”) has determined that the California Association of Professional Firefighters (“CAPF”) Long Term Disability (“LTD”) Plan is not an...
Trump Labor Secretary ‘Applauds’ Trump and His Executive Order to Put ‘Alts’ in 401(k)s
Trump Labor Secretary 'Applauds' Trump and His Executive Order to Put 'Alts' in 401(k)s - Ari Sonneberg, RIABiz, August 8, 2025 (PDF)
Your Employer Will Decide the Fate of Private-Market 401(k)s
Your Employer Will Decide the Fate of Private-Market 401(k)s - Andrew Oringer, Bloomberg Law, August 8, 2025 (PDF)
Compelling ERISA Arbitration No Sure Thing, 9th Circ. Shows
Compelling ERISA Arbitration No Sure Thing, 9th Circ. Shows - Andrew Oringer, Law360, August 6, 2025 (PDF)
Supreme Court Denies Petition for Review of ERISA Preemption Case Involving State PBM Law
By Camille Castro, Roberta Casper Watson and Stephen Wilkes Whether serving as an ERISA Independent Fiduciary or as ERISA Legal Counsel, our firm is constantly facing the question of ERISA...
Providers Lean on Tech to Lower Costs in Small 401(k) Plans
Providers Lean on Tech to Lower Costs in Small 401(k) Plans - Marcia S. Wagner, PLANSPONSOR, August 1, 2025 (PDF)
IRS Releases ACA Affordability and Penalty Amounts for 2026
The Internal Revenue Service has issued Revenue Procedures 2025-25 and 2025-26 to implement the 2026 index adjustments for the “applicable contribution percentages” contained in the Affordable Care...
DOL Issues Guidance to Encourage Small Employers to Participate in Pooled Employer Plans (“PEPs”)
By Camille Castro, Barry Salkin and Stephen Wilkes We have another example of DOL action pursuant to an Executive Order. As called for under Delivering Emergency Price Relief for American Families...
Has ERISA Litigation Been Helpful or Harmful?
Has ERISA Litigation Been Helpful or Harmful? - Thomas Clark, Jr., WealthManagement, July 28, 2025 (PDF)
Group Health Plan’s Denial of Benefits Violates ERISA Claims Procedure
The U.S. Court of Appeals for the Ninth Circuit, in Solis v. T. Mobile US, Inc., has reversed a group health plan’s denial of benefits because the plan failed to follow ERISA’s claims procedure....
15 Takeaways for HR Pros from the One Big Beautiful Bill Act
15 Takeaways for HR Pros from the One Big Beautiful Bill Act - Marcia Wagner, SHRM. July 21, 2025 (PDF)
2026 Out of Pocket Limits Adjusted; Sex Modification Dropped from Essential Health Benefits
The Centers for Medicare & Medicaid Services has issued the final maximum out-of-pocket (“OOP”) limits that will apply to non-grandfathered group health plans for plan years beginning in...
DOL’s Plan Forfeiture Amicus Brief ‘Significant,’ Legal Experts Say
DOL’s Plan Forfeiture Amicus Brief ‘Significant,’ Legal Experts Say - Andrew Oringer, PLANSPONSOR, July 17, 2025 (PDF)
DOL Supports Employers in Forfeiture Allocation Litigation
In a surprising development in the series of forfeiture allocation cases filed under ERISA alleging breaches of fiduciary duty and prohibited transactions by plan fiduciaries, the DOL has filed an...
Vanguard Sued by Direct-Indexing Founders for Allegedly Cajoling a Deal for Just Invest
Vanguard Sued by Direct-Indexing Founders for Allegedly Cajoling a Deal for Just Invest - Ari Sonneberg, RIABiz, July 16, 2025 (PDF)
Labor Department’s Support for HP Could Turn Tide in Wave of 401(K) Forfeiture Lawsuits, Experts Say
Labor Department’s Support for HP Could Turn Tide in Wave of 401(K) Forfeiture Lawsuits, Experts Say - Andrew Oringer, Pensions & Investments, July 15, 2025 (PDF)
Important Provisions Impacting Businesses in The One, Big, Beautiful Bill
By Ari Sonneberg and Barry Salkin On July 4, 2025, President Trump signed into law The One, Big, Beautiful Bill Act (The OBBB), a spending and tax bill that includes signature policies of the...
Mental Health Parity Rules and Requirements for Plan Sponsors and Administrators
Mental Health Parity Rules and Requirements for Plan Sponsors and Administrators - Robert Watson, panelist, Strafford live CLE webinar, September 23, 2025, 1:00 - 2:30 PM (EDT) - Click here for...
HR & Employment Law Updates in Massachusetts, Maine, New Hampshire, and Vermont
By Katherine Brustowicz, Denise Chicoine, David Gabor, Johanna Matloff and Virgina Peabody I. Massachusetts: Pay Transparency Law Takes Effect In February 2025, the Wagner Law Group reported on...
Supreme Court to Hear Pension Withdrawal Liability Case That May Impact Most of the Nation’s Multiemployer Plans
On June 30, the Supreme Court granted certiorari in a withdrawal liability case, M&K Employee Solutions, LLC v. Trustees of the IAM National Pension Fund, that could affect most of the nation’s...
Retiree May Not Sue Under ADA
The U.S. Supreme Court, in Stanley v. City of Sanford, has resolved a dispute between several U.S. Courts of Appeal by ruling that a retiree does not have standing to sue under the Americans with...
Popular Benefits-Related Tax Provisions May be Targeted to Raise Revenue for Federal Tax Cuts
Popular Benefits-Related Tax Provisions May be Targeted to Raise Revenue for Federal Tax Cuts - Marcia Wagner and Eric Keller, 401(k) Advisor, June, 2025
3 DOL Policy Shifts On Benefits Attys’ Radar
3 DOL Policy Shifts On Benefits Attys' Radar - Andrew Oringer, Law360, June 27, 2025 (PDF)
Waiver of ERISA Rights Must Be Reviewed With “Special Scrutiny”
In Shuman v. Microchip, the U.S. Court of Appeals for the Ninth Circuit has established criteria for the “special scrutiny” required when an employee waives his or her ERISA-covered benefit rights....
Texas Targets Del. Primacy with Trio of New Corporate Laws
Texas Targets Del. Primacy with Trio of New Corporate Laws - Andrew Oringer, Law360, June 17, 2025 (PDF)
Massachusetts Court Rules that the State’s Noncompetition Agreement Act Does not Cover Breach of a Nonsolicitation Agreement Triggering a Forfeiture Clause
In Susan Miele v. Foundation Medicine, Inc., the Supreme Judicial Court ruled that a forfeiture clause triggered by a breach of a nonsolicitation agreement does not constitute a “forfeiture for...
FMLA Leave Rights Not Strictly Bound by Medical Certification
The U.S. Court of Appeals for the Seventh Circuit, in Davis vs. Illinois Department of Human Services, has ruled that, based on facts already known to an employer, an employee may be entitled to...
An ERISA Journey for ESG via American Airlines By Way of Utah?
An ERISA Journey for ESG via American Airlines By Way of Utah? - Marcia Wagner, Andrew Oringer, Barry Salkin, Jon Schultze, and Ari Sonneberg, 401(k) Advisor, May, 2025
Letter to Court Indicates Trump Administration Intent to Upend 2022 DOL Final Rule
by Ari Sonneberg and Barry Salkin On the heels of the Department of Labor’s announcement that it is rescinding the Biden Administration DOL guidance cautioning 401(k) plan sponsors from offering...
DOL Rescinds Biden Administration Guidance on 401(k) Cryptocurrency Investment
By Ari Sonneberg and Barry Salkin Today, the Department of Labor’s Employee Benefits Security Administration issued Compliance Assistance Release No. 2025-01, effectively rescinding Compliance...
The EEOC and Executive Orders: What Employers Ought to Know about EEO-1 Reporting (Filing Deadline June 24, 2025)
By Katherine Brustowicz, Denise Chicoine, David Gabor, Johanna Matloff, or Virginia Peabody (Senior Consultant) What is EEO-1 Reporting? An EEO-1 Report is a document submitted to the Equal...
Recent Changes to the Employer-Employee Relationship and What Employers Should Do When ICE Comes Knocking
Recent Changes to the Employer-Employee Relationship and What Employers Should Do When ICE Comes Knocking Presented by: WLG Employment Law Attorneys, David Gabor and Katherine Brustowicz; and...
State Insurance Laws Apply to Insurer That is Also Plan Fiduciary
The Sixth Circuit Court of Appeals, in BlueCross BlueShield of Tennessee, Inc. v. Nicolopoulos, determined that an insurer, which also acted as a plan fiduciary, could not evade state insurance law...
IRS Announces 2026 HSA and HRA Limits
The IRS has announced the 2026 calendar year dollar limits for health savings account (“HSA”) contributions; the minimum deductible amounts; the maximum out-of-pocket expenses for high deductible...
6th Circ. Ruling Shows Toughening On ERISA Fiduciary Suits
6th Circ. Ruling Shows Toughening On ERISA Fiduciary Suits - Andrew Oringer, Law360, May 9, 2025 (PDF)
Important Update to the Federal Independent Contractor Test
By Katherine Brustowicz, Denise Chicoine, David Gabor, Johanna Matloff, and Virginia Peabody (Senior Consultant) The Department of Labor (DOL), through its Wage and Hour Division (WHD), issued a...
Ask the Experts
Ask the Experts - Harold Ashner, panelist, 2025 Enrolled Actuaries Conference, May 5 - 9, 2025 - Click here for details
Judge Sides With Knight-Swift in ERISA 401(k) Forfeiture Case
Judge Sides With Knight-Swift in ERISA 401(k) Forfeiture Case - Andrew Oringer, PLANSPONSOR, May 2, 2025 (PDF)
How Fiduciary Duty and Cognitive Decline Intersect
How Fiduciary Duty and Cognitive Decline Intersect - Marcia Wagner, PLANSPONSOR, May 1, 2025 (PDF)
President Trump Issues 10-to-1 Deregulation Executive Order
President Trump Issues 10-to-1 Deregulation Executive Order - Marcia Wagner and Ari Sonneberg, 401(k) Advisor, April, 2025
The Wagner Law Group’s Washington, D.C. Office Benefits Bulletin Newsletter
Welcome to the inaugural edition of our Washington D.C. newsletter, which will address legislative and regulatory issues through the prism of The Wagner Law Group’s Washington D.C. expertise. Our...
ERISA and Bankruptcy: Conflict or Harmony?
By Israel Goldowitz With the economy and the securities markets roiled by trade wars, many businesses are no doubt considering the possibility of a recession. We might also expect a major increase...
Retaining an Independent Fiduciary to Address Prohibited Transactions or Enable Plan Fiduciaries to Appropriately Allocate Risk
By Stephen Wilkes and Seth Gaudreau The retention of an independent fiduciary plays a critical role not only to resolve a conflict in a prohibited transaction sense, but to provide an appropriate...
Federal District Court Declares Current Regulatory Framework for Assessing Excise Taxes Under the Affordable Care Act’s Employer Mandate is Void and Unenforceable
by Eric Keller and Roberta Casper Watson The United States District Court for the Northern District of Texas declared earlier this month that a Department of Health and Human Services (“HHS”)...
Executive Compensation in Volatile Times: Advice for Privately-held Companies and Their Executives
by Mark Poerio From tariffs to cash flows, small business owners may feel that mid-2025 warrants attention to how key employees are compensated and retained. Formula-based bonuses may need...
Popular Benefits-Related Tax Provisions May be Targeted to Raise Revenue for Federal Tax Cuts
By Eric Keller The White House and Republican leaders in the House of Representatives and Senate are in active discussions about how to pay for the expected extension of the Tax Cuts and Jobs Act of...
Highlights of 2024 PBGC Meeting With ABA’s Joint Committee on Employee Benefits
by Harold Ashner and Israel Goldowitz On April 30, 2025, the American Bar Association (“ABA”) posted a summary of the May 1, 2024, meeting between representatives of the Pension Benefit Guaranty...
Florida PBM Audits Ensnare Self-Insured Employer Health Plans
Florida PBM Audits Ensnare Self-Insured Employer Health Plans - Roberta Watson, Bloomberg Law, April 29, 2025 (PDF)
“Good Faith Effort” Not Enough to Protect Employer from Defective COBRA Notice
The U.S. District Court for the Middle District of Florida has ruled, in Marrow v. Carpenter Company, that a mere “good faith effort” to comply with COBRA’s notice requirements is an insufficient...
Jury Slaps Pentegra with $39 Million in Damages in MEP Excessive Fee Suit
Jury Slaps Pentegra with $39 Million in Damages in MEP Excessive Fee Suit - Thomas Clark, Jr., National Association of Plan Advisors, April 24, 2025 (PDF)
Jury’s Decision in Pentegra MEP Case Raises Questions About Service Provider Selection
Jury’s Decision in Pentegra MEP Case Raises Questions About Service Provider Selection - Andrew Oringer, PLANSPONSOR, April 24, 2025 (PDF)
Supreme Court Decision on Prohibited Transactions Will Increase ERISA Lawsuits, DC Plan Costs
Supreme Court Decision on Prohibited Transactions Will Increase ERISA Lawsuits, DC Plan Costs - Andrew Oringer, Pensions & Investments, April 23, 2025 (PDF)
Reimbursing an Employer for Paying Plan Expenses
Sometimes, it is more efficient for an employer to pay the expenses of a retirement plan rather than the plan paying for them directly. If the expense paid is otherwise appropriate, the employer...
DOL Updates Medicaid/CHIP Model Notice
The Department of Labor (“DOL”) has released an updated Model Notice for employers to use to inform employees about their potential to receive state-provided premium assistance subsidies to use...
Supreme Court Supports Cornell Participants in ERISA Suit
Supreme Court Supports Cornell Participants in ERISA Suit - Thomas Clark, Jr., 401k Specialist, April 17, 2025 (PDF)
Form I-9: What is It and What’s Changed
by Katherine Brustowicz, Denise Chicoine, David Gabor, Johanna Matloff, or Virginia Peabody (Senior Consultant) The U.S. Citizenship and Immigration Services (“USCIS”) released a revised Form I-9,...
HHS Proposes Reversal on Gender Affirming Care
On March 19, 2025, the Department of Health and Human Services (“HHS”) issued a Proposed Rule that would eliminate the current requirement that certain health insurance issuers must provide coverage...
ACA’s No-Cost Preventive Care Mandate Is Before the Supreme Court – SHRM
ACA's No-Cost Preventive Care Mandate Is Before the Supreme Court - SHRM - Marcia Wagner, SHRM Magazine, April 10, 2025 (PDF)
Wagner Ethics Attorney a Primary Draftsperson of High-Profile Professionalism Report
Wagner Ethics Attorney a Primary Draftsperson of High-Profile Professionalism Report - Andrew Oringer, The Wagner Law Group Press Release, April 3, 2025 (PDF)
ERISA Claims Standards Apply to Exceptions in Employee Benefit Plans
The U.S. District Court for the Southern District of New York has ruled, in Doe v. Deloitte, that a group health plan violated ERISA by failing to apply standard ERISA claims requirements to a...
PBGC Attorney Camille Castro Joins The Wagner Law Group’s Washington D.C. Office
PBGC Attorney Camille Castro Joins The Wagner Law Group’s Washington D.C. Office - Camille Castro, The Wagner Law Group Press Release, April 2, 2025 (PDF)
Dueling Alcoa, Lockheed Pension Decisions Hinge on Injury Risk
Dueling Alcoa, Lockheed Pension Decisions Hinge on Injury Risk - Marcia Wagner, Bloomberg Law, April 1, 2025 (PDF)
Department of Labor Updates Voluntary Fiduciary Correction Program
Department of Labor Updates Voluntary Fiduciary Correction Program - Marcia Wagner, Barry L. Salkin, Seth F. Gaudreau and Stephen P. Wilkes, 401(k) Advisor, March, 2025
New FinCEN Rule Exempts Domestic Entities from CTA Reporting Requirements
On March 21, the U.S. Treasury Department’s Financial Crimes Enforcement Network (“FinCEN”) issued an Interim Final Rule (“Rule”) that provides a reprieve from the beneficial ownership reporting...
IRS Issues Guidance on Forms 1095 Requirements
The IRS has issued Notice 2025-15 which explains the application of the reduced disclosure requirements under the recently enacted Paperwork Burden Reduction Act (“PBRA”). Background. Applicable...
Schwab and Fidelity Halt of BlackRock’s Money-Market Fund ETF Trades Was No Shock
Schwab and Fidelity Halt of BlackRock's Money-Market Fund ETF Trades Was No Shock - Ari Sonneberg, RIABiz, March 25, 2025 (PDF)
NYSBA Report Looks at Challenges for Lawyers Who Want to Serve in Public Office
NYSBA Report Looks at Challenges for Lawyers Who Want to Serve in Public Office - Andrew Oringer, co-author, New York State Bar Association Journal, Spring 2025
Attention Employers: EEO-1 Reporting Deadline Approaching
By Katherine Brustowicz, Denise Chicoine, David Gabor, Johanna Matloff and Virginia Peabody (Senior Consultant) The EEO-1 report for covered employers must be filed with the EEOC by June 4, 2025....
Bank of America-Nemesis Lawyer Files Class Action — Again — Over Vanguard $100 ‘Junk Fee’
Bank of America-Nemesis Lawyer Files Class Action -- Again -- Over Vanguard $100 'Junk Fee' - Ari Sonneberg, RIABiz, March 21, 2025 (PDF)
Trump’s PBGC Head Could Reshape Bailout for Union Pension Plans
Trump’s PBGC Head Could Reshape Bailout for Union Pension Plans - Israel Goldowitz, Bloomberg Law, March 17, 2025 (PDF)
4 Suits Benefits Attys Should Watch as ESG Pressures Persist
4 Suits Benefits Attys Should Watch as ESG Pressures Persist - Andrew Oringer, Law360, March 17, 2025 (PDF)
The Unprecedented and Once ‘Unthinkable’ State Street-Apollo ETF Rollout is Still Setting Off Alarm Bells
The Unprecedented and Once 'Unthinkable' State Street-Apollo ETF Rollout is Still Setting Off Alarm Bells - Ari Sonneberg, RIABiz, March 14, 2025 (PDF)
DOL Announces Indexed Penalties for Health and Welfare Plans
The Department of Labor (“DOL”) has released a final rule that provides new figures reflecting the adjusted civil penalty amounts for 2025 for certain health and welfare plan violations. DOL is...
Retirement Income Product Landscape
Retirement Income Product Landscape - Marcia Wagner, speaker, PLANSPONSOR 2025 National Conference, Chicago, IL, June 3 - 6, 2025 - Click here for details - Click here for PowerPoint presentation
Patients Target Insurers in Suits Over Flawed Doctor Directories
Patients Target Insurers in Suits Over Flawed Doctor Directories - Roberta Casper Watson, Bloomberg Law, March 13, 2025 (PDF)
Court Must Consider All Employment Factors in Making Disability Determination
The U.S. Court of Appeals for the Seventh Circuit, in Scanlon v. Life Insurance Company of North America, has ruled that a court must fully consider the nature and the duties of a claimant’s job in...
Understanding Your Summary Plan Descriptions
Understanding Your Summary Plan Descriptions - Speaker, Lorman Education Services live CLE webinar, March 11, 2025, 1:00 - 2:05 PM (EDT)
Is Investment Performance a Fiduciary Duty?
Is Investment Performance a Fiduciary Duty? - Marcia Wagner, PLANSPONSOR, March 3, 2025 (PDF)
Corporate Transparency Act Beneficial Ownership Interest Reporting: Game Off…for the Moment
The still short, but eventful history of the Corporate Transparency Act (CTA) and its controversial beneficial ownership information (BOI) reporting requirements, should have made it predictable...
An ERISA Journey for ESG Via American Airlines by Way of Utah?
By Andrew Oringer, Barry Salkin, Jon Schultze and Ari Sonneberg Both supporters and opponents of the consideration of environmental, social and governance (“ESG”) goals can point to decisions by...
Retirement Industry People Moves
Retirement Industry People Moves - Joni Andrioff, planadviser, February 28, 2024 (PDF)
How an Attorney’s Professional Activities Affect Consideration of the Attorney for Judicial and Political Positions: A Framework for Citizens
How an Attorney's Professional Activities Affect Consideration of the Attorney for Judicial and Political Positions: A Framework for Citizens - Andrew Oringer, co-author, Report by the New York...
Recent Laws Reduce Employer Reporting and Disclosure Requirements
Recent Laws Reduce Employer Reporting and Disclosure Requirements - Marcia Wagner, 401(k) Advisor, February, 2025
5 Argument Sessions Benefits Attys Should Watch in March
5 Argument Sessions Benefits Attys Should Watch in March - Andrew Oringer, Law360, February 28, 2025 (PDF)
Amy Glynn Named New President at Viking Cove Institute
Amy Glynn Named New President at Viking Cove Institute - Marcia Wagner, 401(k) Specialist, February 27, 2025 (PDF)
Employer Bound By Its Own Plan Provisions
In Hoff vs. Anadarko Petroleum Corp., the U.S. Court of Appeals for the Tenth Circuit has ruled that an employer is bound by the terms of its own plan and cannot add additional conditions after an...
Attorney Joni Andrioff Joins The Wagner Law Group’s Washington D.C. Office
Attorney Joni Andrioff Joins The Wagner Law Group’s Washington D.C. Office - The Wagner Law Group Press Release, February 24, 2025 (PDF)
Trump May Restrict Certain Institutional Investments in China
Trump May Restrict Certain Institutional Investments in China - Andrew Oringer, Pensions & Investments, February 24, 2025 (PDF)
BlackRock Rattles Giant Saber at Schwab and Fidelity
BlackRock Rattles Giant Saber at Schwab and Fidelity - Ari Sonneberg, RIABiz, February 21, 2025 (PDF)
Advisory Firms’ DEI Programs May Be Scrutinized
Advisory Firms’ DEI Programs May Be Scrutinized - Katherine Brustowicz, Denise Chicoine and David Gabor, Rethinking65, February 21, 2025 (PDF)
FinCEN Issues New CTA Beneficial Ownership Reporting Deadline After Court Lifts Nationwide Injunction
On the heels of a court decision in its favor, the Treasury Department’s Financial Crimes Enforcement Network (FinCEN), has issued a statement on its website indicating that the beneficial ownership...
The Unclean Hands and In Pari Delicto Doctrines
The Unclean Hands and In Pari Delicto Doctrines - Barry Salkin, Wolters Kluwer Benefits Law Journal, Spring 2025, Volume 38, No. 1
Ex-Merrill Lynch ‘Smoothie’ Broker Loses Big in FINRA Arbitration
Ex-Merrill Lynch 'Smoothie' Broker Loses Big in FINRA Arbitration - Ari Sonneberg, RIABiz, February 13, 2025 (PDF)
Massachusetts Pay Transparency Law: Key Provisions and Compliance Timeline
Katherine Brustowicz, Denise Chicoine, David Gabor, Johanna Matloff, and Virginia Peabody (Senior Consultant) On February 1, 2025, a new law regarding salary posting requirements went into effect...
DOL Explains Interaction Between FMLA and Paid State Leave
The Department of Labor (“DOL”) has issued Opinion Letter FMLA2025-01-A on whether the Family and Medical Leave Act (the “FMLA”) regulations pertaining to substitution of paid leave apply when...
Trump Mandates 10 Old Regulations Cut Per New One
Trump Mandates 10 Old Regulations Cut Per New One - Ari Sonneberg, Self Employed, February 10, 2025 (PDF)
Wagner Law Scoops Up Benefits Expert From Paul Hastings
Wagner Law Scoops Up Benefits Expert From Paul Hastings - Eric Keller, Law360, February 5, 2025 (PDF)
Delicate Questions in the Hiring Proces
Delicate Questions in the Hiring Process - Katherine Brustowicz, Radio Entrepreneurs interview, February 5, 2025 Need Help With Your Hiring Process? If your business needs assistance with your...
Protecting Your Business Beyond Non-Competes
Protecting Your Business Beyond Non-Competes - Denise Chicoine, Radio Entrepreneurs interview, February 5, 2025 Legal Assistance for Non-Competes If your business needs assistance with non-competes—...
Training Management for Accommodations
Training Management for Accommodations - David Gabor, Radio Entrepreneurs interview, February 5, 2025 Legal Guidance For Your Employment Law Needs We offer in-depth and personalized attention to...
Leave & Accommodation Best Practices
Leave & Accommodation Best Practices - Johanna Matloff, Radio Entrepreneurs interview, February 5, 2025 Legal Guidance About Leave & Accommodations We offer in-depth and personalized...
A Sampling of Compensation and Other Strategies for Small Businesses in a World of Big Changes
The value of a business can depend to a large degree on motivating and retaining key employees. Despite the high stakes, it is remarkably common to encounter owners who rely on informal practices to...
President Trump Issues 10-to-1 Deregulation Executive Order
On January 31, 2025, President Trump signed an executive order (the “Order”) designed to drastically reduce the overall amount of federal government regulation on the books. The underlying stated...
Trump Executive Order Means Any New DOL Regulation Requires Elimination of 10 Existing Ones
Trump Executive Order Means Any New DOL Regulation Requires Elimination of 10 Existing Ones - Ari Sonneberg, 401(k) Specialist, February 3, 2025 (PDF)
ESG Court Ruling Could Prompt 401(k) Upheaval
ESG Court Ruling Could Prompt 401(k) Upheaval - Maria Wagner, Financial Advisor IQ, February 3, 2025 (PDF)
The Wagner Law Group Expands its Washington D.C. Office with the Addition of Eric Keller
The Wagner Law Group Expands its Washington D.C. Office with the Addition of Eric Keller - The Wagner Law Group Press Release, February 3, 2024 (PDF)
Tax Treatment of State Family and Medical Leave Laws
The IRS has issued Revenue Ruling 2025-4 to explain the Federal income and employment tax treatment of contributions and benefits paid under state-paid family and medical leave laws. Revenue Ruling...
Court’s ESG Ruling Puts Pressure on Managers of 401(k) Plans
Court’s ESG Ruling Puts Pressure on Managers of 401(k) Plans - Marcia Wagner, AdvisorHub by Bloomberg, January 29, 2025 (PDF)
Executive Orders Addressing Diversity, Equity, and Inclusion Initiatives
By Katherine Brustowicz, Denise Chicoine, David Gabor, Johanna Matloff and Virginia Peabody (Senior Consultant) Last week, President Trump signed two executive orders (the “Trump Executive Orders”...
McKinsey Suddenly Puts its Secretive $23-Billion RIA Under ‘Strategic Review’ with M&A Shop
McKinsey Suddenly Puts its Secretive $23-Billion RIA Under 'Strategic Review' with M&A Shop - Ari Sonneberg, RIABiz, January 29, 2025 (PDF)
Education and Workforce Committee Renews Call to Probe EBSA for Alleged ‘Power Abuse’
Education and Workforce Committee Renews Call to Probe EBSA for Alleged ‘Power Abuse’ - Andrew Oringer, planaadviser, January 28, 2025 (PDF)
Election 2024: ERISA and the Proposed New Labor Secretary: Look(ing) for the Union Label?
Election 2024: ERISA and the Proposed New Labor Secretary: Look(ing) for the Union Label? - Marcia Wagner, Andrew Oringer, Mark Greenstein, Stephen Wilkes and Susan Rees, 401(k) Advisor, January,...
Report on Recommendations of the New York State Bar Association Committee on Attorney Professionalism
How an Attorney’s Professional Activities Affect Consideration of the Attorney for Judicial and Political Positions: A Framework for Citizens - Andrew Origner, co-author, Report and Recommendations...
Corporate Transparency Act Litigation Continues to Induce Whiplash
In the most recent installment of the soap-opera-like saga that has unfolded around the Corporate Transparency Act (CTA), the U.S. Supreme Court has issued a stay of the injunction preventing...
Federal Court Awards $359,000 in FLSA/OSHA Retaliation Case: Lessons Learned for Employers
In December 2023, Su v. Milford Sports Bars, LLC, a noteworthy case, concluded with a ruling in favor of the U.S. Department of Labor, resulting in a payment of $359,000. The court awarded damages...
House Committee on Education and Workforce Re-Issues Request to Investigate EBSA ‘Power Abuse’
House Committee on Education and Workforce Re-Issues Request to Investigate EBSA ‘Power Abuse’ - Andrew Oringer, PLANPONSOR, January 23, 2025 (PDF)
Unambiguous Plan Document Overrides Employer’s Misrepresentations
In Higgins vs. Lincoln Electric Company, Inc., the U.S. Court of Appeals for the Sixth Circuit placed a high burden on a plan participant who claimed that his employer was “estopped” (i.e.,...
DOL Updates Voluntary Fiduciary Correction Program
In 2002, the Department of Labor (DOL) adopted the Voluntary Fiduciary Correction Program (VFCP). VFCP, modified in 2005 and 2006, is designed to encourage employers and plan fiduciaries to...
Cornell Case May Be Bellwether For ERISA Transaction Claims
Cornell Case May Be Bellwether For ERISA Transaction Claims - Andrew Oringer, Law360, January 21, 2025 (PDF)
Employers: Prepare for New Laws and Regulations Under President Trump
Employers: Prepare for New Laws and Regulations Under President Trump - Katherine Brustowicz, Denise Chicoine, David Gabor, and Johanna Matloff, The Wagner Law Group webinar, February 13, 2025, 1:00...
FMLA Leave Rights May Extend to Siblings
In Chapman v. Brentlinger Enterprise, the U.S. Court of Appeals for the Sixth Circuit ruled that under the Family and Medical Leave Act (“FMLA”) an employee may be entitled to leave to care for a...
Judge’s Ruling in ESG Case Could Spark Chaos for 401(k) Managers
Judge's Ruling in ESG Case Could Spark Chaos for 401(k) Managers - Andrew Oringer, 69 News, January 15, 2025 (PDF)
Michael Schloss Accepts Senior Department of Labor Position
Michael Schloss Accepts Senior Department of Labor Position - The Wagner Law Group Press Release, January 14, 2025 (PDF)
ERISA Attorneys Fear ‘Chilling Effect’ of American Airlines 401(k) ESG Ruling
ERISA Attorneys Fear 'Chilling Effect' of American Airlines 401(k) ESG Ruling - Andrew Oringer, Pensions & Investments, January 13, 2025 (PDF)
HDHP Exception for Telehealth Services Expires
Congress has failed to extend the High Deductible Health Plan (“HDHP”) exception for telehealth services. Background. Under the Internal Revenue Code (“Code”), tax-exempt Health Savings Account...
5 Things Executive Pay Attys Should Keep an Eye on in 2025
5 Things Executive Pay Attys Should Keep an Eye on in 2025 - Andrew Oringer, Law360, January 9, 2025 (PDF)
Despite Lawsuits, Schwab Slashes Sweep Yields 89% in Five Months
Despite Lawsuits, Schwab Slashes Sweep Yields 89% in Five Months - Ari Sonneberg, RIABiz, January 8, 2025 (PDF)
No Rest for the Weary: Department of Justice asks Supreme Court to Issue a Stay of Nationwide Injunction Against Corporate Transparency Act (CTA)
For some attorneys, the last week and a half of 2024 was an opportunity for a bit of R & R before resuming customary work activities. Alas, that was not the case for attorneys at FinCEN and the...
New Trump Administration Means Big Changes at SEC, DOL
New Trump Administration Means Big Changes at SEC, DOL - Andrew Oringer, Pensions & Investments, January 2, 2025 (PDF)
5 Cases Benefits Attorneys Should Keep an Eye on in 2025
5 Cases Benefits Attorneys Should Keep an Eye on in 2025 - Marcia Wagner, Law360, January 1, 2025 (PDF)
New Laws Reduce Employer Reporting and Disclosure Requirements
The recently enacted Paperwork Burden Reduction Act (“PBRA”) and the Employer Reporting Improvement Act (“ERIA”) have reduced certain reporting and disclosure requirements for employers and...
Best Practices in Legal Practice
Best Practices in Legal Practice - Andrew Oringer, Practical Law - The Journal, 2024
Recent Developments in Forfeiture Cases - Marcia Wagner and Michael A. Schloss, 401(k) Advisor, November-December, 2024
Pencils Down: Corporate Transparency Act (CTA) Injunction Back in Effect
Our Law Alerts tend to be measured in tone, avoiding hyperbole. A court decision or IRS or DOL regulation may be unexpected or unanticipated, and we would characterize it as such, and then describe...
Fifth Circuit Court of Appeals Lifts Nationwide Preliminary Injunction Against Enforcement of Corporate Transparency Act Pending Ruling on the Merits
On December 23, 2024, the Fifth Circuit Court of Appeals (the “Court”), in response to an emergency appeal by the Department of the Treasury and its Financial Crimes Enforcement Network (“FinCEN”),...
Fiduciary Rule Proponent Ali Khawar Announces DOL Departure
Fiduciary Rule Proponent Ali Khawar Announces DOL Departure - Thomas Clark, Jr., NAPA, December 21, 2024 (PDF)
Last-Minute Gift (For A Lifetime) Idea: A Child IRA For Your Kids Or Grandkids
Last-Minute Gift (For A Lifetime) Idea: A Child IRA for Your Kids or Grandkids - Marcia Wagner, Forbes, December 20, 2024 (PDF)
I-9 Compliance and Audits Under Forthcoming Intensified Enforcement: Why Employers Should Act Now
By David Gabor, Katherine Brustowicz, Virginia Peabody and Craig White With the incoming Administration prioritizing the deportation of illegal immigrants, employers across the country are preparing...
“Serious Health Condition” Must Be Established at Time of Absence
In Rodriquez vs. Southeastern Pennsylvania Transportation Authority, the U.S. Court of Appeals for the Third Circuit ruled that the proper time for an employee to establish that a particular...
IRS Announces 2025 PCORI Fee
IRS has released Notice 2024-83, which provides the “applicable dollar amount” for the Patient-Centered Outcomes Research Institute (“PCORI”) fee for plan years that end on or after October 1, 2024,...
Exclusive Interview: Marcia Wagner Expands On Retirement Plan Financial Planning White Paper
Exclusive Interview: Marcia Wagner Expands On Retirement Plan Financial Planning White Paper - Marcia Wagner, FiduciaryNews.com, December 10, 2024 (PDF)
Employer Cannot Voluntarily Subject Plan to ERISA
In Hansen v. Lab. Corp. of America, the United States District Court for the Eastern District of Wisconsin ruled that an employer’s attempt to combine its short term disability (“STD”) plan with...
Biden-Era Retirement Rule May be in Jeopardy After Trump Takes Office
Biden-Era Retirement Rule May be in Jeopardy After Trump Takes Office - Andrew Oringer, CNBC, December 5, 2024 (PDF)
Texas District Court Issues Nationwide Preliminary Injunction Against Enforcement of Corporate Transparency Act (CTA)
When page 1 of a District Court decision on a challenge on constitutional grounds to an action by a governmental entity cites Marbury v. Madison, that is not a good sign for the government agency....
401(k)s and the Courts in 2025
401(k)s and the Courts in 2025 - Andrew Oringer, planadviser, December 2, 2024 (PDF)
District Courts Decide Motions to Dismiss Forfeiture Complaints
District Courts Decide Motions to Dismiss Forfeiture Complaints - Michael Schloss, New York University Review of Employee Benefits and Executive Compensation 2024 Update, November 2024
Proceeding With a Pseudonym Under ERISA
Proceeding With a Pseudonym Under ERISA - Barry Salkin, New York University Review of Employee Benefits and Executive Compensation 2024 Update, November 2024
Prominent ERISA Attorney Joins the Boston Office of The Wagner Law Group
Prominent ERISA Attorney Joins the Boston Office of The Wagner Law Group - Evelyn Haralampu, The Wagner Law Group Press Release, December 2, 2024 (PDF)
ERISA’s Next 50 Years
ERISA’s Next 50 Years - Marcia Wagner, 401k Specialist, November 27, 2024 (PDF)
Trump’s Labor Secretary Pick Presents ‘Mixed Bag,’ Retirement Experts Say
Trump's Labor Secretary Pick Presents 'Mixed Bag,' Retirement Experts Say - Andrew Oringer, Pensions & Investments, November 27, 2024 (PDF)
CMS Announces Medicare Part A Deductibles and Part B Premiums for 2025
The Centers for Medicare & Medicaid Services (“CMS”) has announced the 2025 premiums, deductibles and coinsurance amounts for the Medicare Part A and Part B programs. Medicare Part A covers...
Election 2024: ERISA and the Proposed New Labor Secretary – Look(ing) for the Union Label?
President-Elect Trump has proposed Rep. Lori Chavez-DeRemer as the next Secretary of Labor. The selection is particularly notable for the clear pro-union leanings of the nominee of a Republican...
Trump’s ‘Unusual’ Pick for Secretary of Labor Has More Health Than Retirement Track Record
Trump’s ‘Unusual’ Pick for Secretary of Labor Has More Health Than Retirement Track Record - Andrew Oringer, Mark Greenstein, Susan Rees and Stephen Wilkes, PLANSPONSOR, November 25, 2024 (PDF)
Claims Processor Is Not ERISA Plan Fiduciary
The U.S. District Court for the District of Massachusetts, in Shea v. Unum Life Ins. Co, has ruled that a claims processor is not an ERISA fiduciary because it does not have discretionary powers...
Executive Compensation 2025 – On the Watch for Things Past as Prologue
The 2024 Election already portends transformative consequences for federal agencies, some of which may extend to executive compensation. Among the possible impacts, agency staffing levels are in...
Overtime Exemption Update: Judge Vacates DOL Rule Increasing Overtime Salary Threshold
Exempt or not exempt, that is the question. It is not an easy question to answer, and it did not get any easier to answer when U.S. District Judge Sean D. Jordan vacated the Department of Labor...
TradePMR Sale to Robinhood Sends Ripples Through the RIA Industry
TradePMR Sale to Robinhood Sends Ripples Through the RIA Industry - Ari Sonneberg, RIABiz, November 19, 2024 (PDF)
Déjà Vu All Over Again – Insecurity for ERISA’s Retirement Security Rule After Trump’s Election?
The Trump election is bound to have some obvious, fundamental and high-profile consequences for various federal agencies. One particular potential area of impact relates to the recently adopted...
Capital One Faces Latest 401(k) Forfeiture Lawsuit
Capital One Faces Latest 401(k) Forfeiture Lawsuit - Michael Schloss, PLANSPONSOR, November 18, 2024 (PDF)
Maine Human Resource Law Boot Camp
Maine Human Resource Law Boot Camp - Katherine Brustowicz, presenter, NBI webinar, November 18, 2024 - Click here for details
FinCEN Beneficial Ownership Reporting Requirements Due by Year End for Many Organizations
In 2021, Congress enacted the Corporate Transparency Act (“CTA”), creating a new beneficial ownership reporting requirement. The purpose of the CTA was to make it more difficult for bad actors to...
Current State of Retirement Plan Forfeiture Litigation Subject of Wagner Law Update
Current State of Retirement Plan Forfeiture Litigation Subject of Wagner Law Update - Michael Schloss, 401k Specialist, November 14, 2024 (PDF)
Employee May Take FMLA Leave to Participate in Clinical Trial
The Department of Labor’s (“DOL’s”) Wage and Hour Division has issued Advisory Opinion FMLA 2024-01-A, which provides that an employee may use leave under the Family and Medical Leave Act (“FMLA”)...
Update – Recent Developments in Forfeiture Cases
The Wagner Law Group continues to monitor the recent flood of retirement plan “forfeiture” litigation. This alert is our eighth update reporting on and analyzing the nature of the claims raised by...
Supreme Court Declines to Review Petition on ERISA Arbitration
Supreme Court Declines to Review Petition on ERISA Arbitration - PLANSPONSOR, November 12, 2024 (PDF)
Prepare for Upcoming Changes to Retirement Plans for 2025
The SECURE 2.0 Act of 2022 (the “SECURE 2.0”) made significant changes to retirement plans and how they operate. Many of the changes have already been implemented by service providers, but some...
IRS Releases 2025 Welfare Benefit Plan Limits
The IRS has released Revenue Procedures 2024-25, 2024-40 and Notice 2024-80, which set forth the 2025 inflation-adjusted limits for certain employee welfare benefit plans and the dollar amounts used...
5 Ways Trump’s Election Could Change Employee Benefits
5 Ways Trump's Election Could Change Employee Benefits - Andrew Oringer, Law360, November 8, 2024 (PDF)
The Wagner Law Group Ranked ‘Tier 1’ ERISA and Employee Benefits Law Firm for 2025
The Wagner Law Group Ranked 'Tier 1' ERISA and Employee Benefits Law Firm for 2025 - The Wagner Law Group Pres Release, November 7, 2024 (PDF)
ERISA Experts See Regulation Pullback as Key Theme of Trump Rule
ERISA Experts See Regulation Pullback as Key Theme of Trump Rule - Marcia Wagner, planadviser, November 7, 2024 (PDF)
Another Trump Term May Change Tax Treatment of Retirement Plans
Another Trump Term May Change Tax Treatment of Retirement Plans - Andrew Oringer, PLANSPONSOR, November 6, 2024 (PDF)
IRS Issues Final Regulations on Non-U.S. Tax Withholding Under Deferred Compensation Plans, IRAs and Commercial Annuities
By Barry Salkin The Internal Revenue Service (“IRS”) and the Treasury Department on October 21, 2024, issued final regulations under Sections 3405(a) and 3405(b) of the Internal Revenue Code of...
IRS Announces 2025 Cost-of-Living Adjustments Affecting Retirement Plans
The Internal Revenue Service announced cost-of-living adjustments affecting certain dollar limitations for pension plans and other retirement-related limitations for 2025 in Notice 2024-80. The...
Vivek Ramaswamy $30-Million Venture Launches Wealth RIA – Just Ahead of the Election
Vivek Ramaswamy $30-Million Venture Launches Wealth RIA - Just Ahead of the Election - Ari Sonneberg, RIAbiz, November, 4, 2024 (PDF)
4 Appellate Arguments Benefits Attys Should Watch in Nov.
4 Appellate Arguments Benefits Attys Should Watch in Nov. - Andrew Oringer, Law360, November 1, 2024 (PDF)
IRS Expands Definition of “Preventive Care” for HDHPs
The IRS has issued Notices 2024-71 and 2024-75 (the “Notices”) to expand the definition of “preventive care” for high deductible health plans (“HDHPs”). Law. In general, individuals are eligible to...
The Case for Professional Retirement Plan Fiduciary Services
The Case for Professional Retirement Plan Fiduciary Services - Marcia Wagner, 401kTV, October 31, 2024 (PDF)
Employers are Lagging to Implement IRS’ 401(K) Student Loan Matching Guidelines
Employers are Lagging to Implement IRS’ 401(K) Student Loan Matching Guidelines - Barry Salkin, Black Enterprise Magazine, October 30, 2024 (PDF)
IRS Issues Interim Guidance on Matching Contributions Made on Account of Qualified Student Loan Repayments
IRS Issues Interim Guidance on Matching Contributions Made on Account of Qualified Student Loan Repayments - Marcia Wagner, Barry Salkin and Jon Schultze, 401(k) Advisor, October 2024
RIAs May Face Ticking Time Bomb After SEC Slams a $1.9-Billion RIA for Neglecting ‘Orphan’ Accounts While Charging Fees
RIAs May Face Ticking Time Bomb After SEC Slams a $1.9-Billion RIA for Neglecting 'Orphan' Accounts While Charging Fees - Ari Sonneberg, RIABiz, October 26, 2024 (PDF)
Envestnet’s Five-Year Legal Slugfest with Fintech Over Alleged ‘Trojan Horse’ Theft of Killer App Cleared for Trial, Likely a Speedbump, Not a Wrench, for Bain Acquisition or Yodlee Sale
Envestnet's Five-Year Legal Slugfest with Fintech Over Alleged 'Trojan Horse' Theft of Killer App Cleared for Trial, Likely a Speedbump, Not a Wrench, for Bain Acquisition or Yodlee Sale - Ari...
2026 ACA Out-of-Pocket Limits
The Centers for Medicare & Medicaid Services (“CMS”) has announced the proposed maximum out-of-pocket (“OOP”) limits that will apply to non-grandfathered plans for plan years beginning in 2026. ...
How Intense Will the DOL’s Fiduciary Rule Defense Be? It Depends on the Election
How Intense Will the DOL's Fiduciary Rule Defense Be? It Depends on the Election - Marcia Wagner, Pensions & Investments, October 22, 2024 (PDF)
Forfeiture Accounts Hold More Than Nonvested Employer Contributions
The Wagner Law Group continues to monitor the ongoing flood of “forfeiture” litigation. This alert is our seventh reporting on and analyzing the nature of the claims raised by plaintiffs, the...
IRS Provides Guidance on Application of SECURE 2.0 Act’s Coverage of Long-Term, Part-Time Employees
By Jon Schultze and Barry Salkin In Notice 2024-73, the Internal Revenue Service (“IRS”) issued guidance on the application of certain non-discrimination rules to long-term, part-time employees in...
CMS Issues Medicare Reporting Penalty Rules
The Centers for Medicare & Medicaid Services (“CMS”) has issued final rules on the penalties imposed when Responsible Reporting Entities (“RREs”) fail to meet their Medicare as Secondary Payer...
The Wagner Law Group Virtual Lunch & Learn: How to Reduce Employer Risk From Hire To Fire
The Wagner Law Group Virtual Lunch & Learn: How to Reduce Employer Risk From Hire To Fire - Katherine Brustowicz, David Gabor, Johanna Matloff and Denise Chicoine, November 13, 2024, 1:00 - 2:00...
Argent Trust Co. Petitions for Supreme Court to Provide Guidance on ERISA Arbitration
Argent Trust Co. Petitions for Supreme Court to Provide Guidance on ERISA Arbitration - PLANSPONSOR, October 14, 2024 (PDF)
Don’t Get Caught Off Guard – What Managers Should Know Before a Request for Leave or an Accommodation is Made
Don’t Get Caught Off Guard - What Managers Should Know Before a Request for Leave or an Accommodation is Made - David Gabor and Katherine Brustowicz, The Wagner Law Group free webinar, November 19,...
Parties in Pentegra MEP Lawsuit Decline Presence of Advisory Jury at Upcoming Trial
Parties in Pentegra MEP Lawsuit Decline Presence of Advisory Jury at Upcoming Trial - Andrew Oringer, PLANSPONSOR, October 11, 2024 (PDF)
Surprise—You Just Missed a PBGC Reportable Events Deadline!
Surprise—You Just Missed a PBGC Reportable Events Deadline! - Harold Ashner, Wolters Kluwer Journal of Pension & Benefits, Vol. 31, No. 4, Summer 2024
Bills to Ban Arbitration Clauses Reappear in House, Senate
Bills to Ban Arbitration Clauses Reappear in House, Senate - Andrew Oringer, PLANSPONSOR, October 9, 2024 (PDF)
Liability Driven Investing — What You Need to Know Now
Liability Driven Investing — What You Need to Know Now - Marcia Wagner, USI Consulting and The Wagner Law Group live webinar, November 14, 2024, 1:00 PM (EST) - Click here for details and...
Circuit ‘Crash’ Over Benefit Plan Conflicts Cues High Court Look
Circuit ‘Crash’ Over Benefit Plan Conflicts Cues High Court Look - Andrew Oringer, Bloomberg Law, October 9, 2024 (PDF)
Court Rules 2023 Budget Bill Not Legally Enacted—Where Does That Leave SECURE 2.0?
Court Rules 2023 Budget Bill Not Legally Enacted—Where Does That Leave SECURE 2.0? - Thomas Clark, Jr., National Association of Plan Advisors, October 8, 2024 (PDF)
WIPN Celebration in Boston: 15 Years of Connections That Count
WIPN Celebration in Boston: 15 Years of Connections That Count - Marcia Wagner, panelist, WE Inspire. Promote. Network. (WIPN) 15th Anniversary Celebration, October 17, 2024 - Click here for details
Update – Recent Developments in Forfeiture Cases
The Wagner Law Group continues to monitor the recent flood of “forfeiture” litigation. This alert is our sixth update reporting on and analyzing the nature of the claims raised by plaintiffs, the...
401(k) Student Loan Match Perk Hindered by Employer Hesitation
401(k) Student Loan Match Perk Hindered by Employer Hesitation - Barry Salkin, Bloomberg Law, September 30, 2024 (PDF)
Inferences and Specificity in Committee Meetings
Inferences and Specificity in Committee Meetings - Marcia Wagner and Barry Salkin, 401(k) Advisor, September 2024
CMS Issues Medicare Reporting Penalty Rules
The Centers for Medicare & Medicaid Services (“CMS”) has issued final rules on the penalties imposed when Responsible Reporting Entities (“RREs”) fail to meet their Medicare as Secondary Payer...
Federal Judge Who Tossed Stephen Greco’s Sweeping RIA Lawsuit Grants Leave to Refile
Federal Judge Who Tossed Stephen Greco's Sweeping RIA Lawsuit Grants Leave to Refile - Ari Sonneberg, RIABiz, September 27, 2024 (PDF)
ERISA Keynote
ERISA Keynote - Marcia Wagner, co-presenter, Western Pension & Benefits Council, 2024 Western Benefits Conference, San Francisco CA, September 26 - 27, 2024 - Click here for details
DOL vs. IRS Rules: Courts Asked to Decide How 401(k) Plans Can Use Forfeiture Assets
DOL vs. IRS Rules: Courts Asked to Decide How 401(k) Plans Can Use Forfeiture Assets - Michael Schloss, Pensions & Investments, September 23, 2024 (PDF)
Directed Trustees
Directed Trustees - Barry Salkin, Wolters Kluwer Benefits Law Journal, Vol. 37, No. 3, Autumn 2024
The Importance of Promptly Paying All Final Wages in Massachusetts
The Massachusetts Wage and Hour statute mandates that employers pay departing employees their final wages, inclusive of accrued but unused vacation time, in their final paycheck on the day of...
Marcia Wagner Joins Americans Benefits Council and the ACEBC
Marcia Wagner Joins Americans Benefits Council and the ACEBC - 401(k) Specialist, September 20, 2024 (PDF)
Retirement Industry People Moves
Retirement Industry People Moves - Marcia Wagner, PLANSPONSOR, September 20, 2024 (PDF)
Weighing the Pros and Cons of HSAs
Weighing the Pros and Cons of HSAs - Marcia Wagner, SHRM, September 19, 2024 (PDF)
IRS Releases ACA Affordability Rates for 2025
The Internal Revenue Service has issued Revenue Procedure 2024-35 to implement the 2025 index adjustments for certain Affordable Care Act (“ACA”) applicable contribution percentages used to...
Secure 2.0 ‘Saver’s Match’ May Boost Retirement Readiness
Secure 2.0 ‘Saver’s Match’ May Boost Retirement Readiness - Ari Sonneberg, Rethinking65, September 18, 2024 (PDF)
New England Update
New England Update - Chistopher Suh, Panelist, The American College of Trusts & Estates 2024 New England Regional Meeting, The Hilton Mystic CT,October 18 - 20, 2024
Guidance on the New Massachusetts Estate Tax Law & Forms
Guidance on the New Massachusetts Estate Tax Law & Forms - Christopher Suh, panelist, MCLE New England live webcast, Wednesday, October 30, 2024, 9:30 to 10:30 AM (EDT) - Click here for...
Massachusetts Court Rules that Paid Family Medical Leave Act Does Not Require Employer to Guarantee Accrual of Vacation and Sick Time During Leave
By Denise Chicoine In Bodge et al. v. Commonwealth et al. the Massachusetts Supreme Judicial Court ruled that the Massachusetts Paid Family Medical Leave Act does not require an employer to...
Marcia Wagner Appointed to Leadership Roles at American Benefits Council & American College of Employee Benefits Counsel
Marcia Wagner Appointed to Leadership Roles at American Benefits Council & American College of Employee Benefits Counsel - The Wagner Law Group Press Release, September 16, 2024 (PDF)
Forfeiture Cases Update – BAE Prevails on a Motion to Dismiss
Over the past year, we have kept you apprised of evolving trends involving putative class action lawsuits alleging that plan fiduciaries violated their duties of prudence and loyalty under Title I...
BAE Beats 401(k) Plan Forfeiture Suit
BAE Beats 401(k) Plan Forfeiture Suit - Michael Schloss, planadviser, September 9, 2024 (PDF)
Seemingly “Minor” Mistake in Claims Procedure Administration Costs Employer
In Witt v. Intel Corp. Long-Term Disability Plan, the United States District Court for the District of Oregon refused to dismiss a long term disability (”LTD”) benefits lawsuit when the plan...
4 ERISA Arguments to Watch in September
4 ERISA Arguments to Watch in September - Andrew Oringer, Law360, September 6, 2024 (PDF)
Code Section 1042 Transaction Gone Awry
It is often the case under the Internal Revenue Code (“Code”) that adherence to procedural rules is crucial to secure tax benefits. Failure to meet these procedural conditions can result in...
3 Atty Takeaways On What’s Ahead As ERISA Turns 50
3 Atty Takeaways On What's Ahead As ERISA Turns 50 - Marcia Wagner, Law360, August 30, 2024 (PDF)
Court Applies “But For” Standard to LTD Mental Health Benefit Limitation
In Weyer v. Reliance Standard Life Insurance Company, the U.S. Court of Appeals for the Eighth Circuit has determined that the “but-for” causation standard is appropriate for determining whether...
The Successful Yet Much-Litigated ERISA Turns 50
The Successful Yet Much-Litigated ERISA Turns 50 - Marcia Wagner, SHRM, August 28, 2024 (PDF)
Change-in-Control Severance and Elon Musk: Why You Need a Springing Rabbi … Trust
On August 10th, Elon Musk made national headlines due to a lawsuit that Business Today heralded as “Former Twitter executive sues Elon Musk's X for $20 million in unpaid shares.” The article reports...
IRS Issues Interim Guidance on Matching Contributions Made on Account of Qualified Student Loan Repayments
Starting in 2024, Section 110 of the SECURE 2.0 Act allows employers to make matching contributions to Section 401(k), 403(b) and governmental 457(b) plans, and SIMPLE IRAs (which have analogous but...
What does the Coming Election Mean for the Fiduciary Rule?
What does the Coming Election Mean for the Fiduciary Rule? - Tom Clark, National Association of Plan Advisors (NAPA), August 26, 2024
Employer Need Not Seek Second Medical Decision for FMLA Request
In Perez v. Barrick Goldstrike Mines, the U.S. Court of Appeals for the Ninth Circuit has ruled that the Family and Medical Leave Act (“FMLA”) does not require an employer to present contrary...
Nordstrom Suit, HP Revival Add to 401(k) Forfeiture Cases
Nordstrom Suit, HP Revival Add to 401(k) Forfeiture Cases - Michael Schloss, PLANSPONSOR, August 20, 2024 (PDF)
401(k) Forfeiture Lawsuit Wave Still Splashing West Coast
401(k) Forfeiture Lawsuit Wave Still Splashing West Coast - Michael Schloss, 401(k) Specialist, August 20, 2024 (PDF)
Forfeiture Cases – Update
Last year, we alerted you to the filing of several class action lawsuits alleging that plan fiduciaries violated their duties of prudence and loyalty under Title I of ERISA by applying forfeitures...
Group Health Insurer Need Not Cover Certain Autism Treatments
The U. S. Court of Appeals for the Seventh Circuit, in Hensen v. Group Health Plan Cooperative of South Central Wisconsin, has ruled that the Mental Health Parity and Addiction Equity Act (“MHPAEA”)...
How Employee Benefits Rules May Fare in the Post-‘Chevron’ World
How Employee Benefits Rules May Fare in the Post-‘Chevron’ World - Israel Goldowitz, Bloomberg Tax, August 15, 2024 (PDF)
12 Attorneys from The Wagner Law Group to be Recognized in 2025 Edition of The Best Lawyers in America©
12 Attorneys from The Wagner Law Group to be Recognized in 2025 Edition of The Best Lawyers in America© - The Wagner Law Group Press Release, Marcia Wagner, Thomas Clark, Jr., Andrew Oringer, Harold...
HHS Issues Model HIPAA Attestation Form
The Department of Health and Human Services (“HHS”) has issued a model attestation form for any “Requested Use or Disclosure of Protected Health Information Potentially Related to Reproductive...
New Regulations Strengthen Retirement Savings Protection
New Regulations Strengthen Retirement Savings Protection - Andrew Oringer, The Pinnacle Gazette, August 8, 2024 (PDF)
PBGC Nominee to Navigate Concerns Over Agency’s Pension Bailouts
PBGC Nominee to Navigate Concerns Over Agency’s Pension Bailouts - Israel Goldowitz, Bloomberg Tax, August 7, 2024 (PDF)
A New “One Percent” Tax Issue – Proposed IRS Regulations on the Excise Tax on Stock Repurchases
The Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”), in an April 2024 follow-up to IRS Notice 2023-2, issued proposed regulations dealing with the one-percent excise...
ERISA Attorneys Outline Next Steps, Actions Item After DOL Fiduciary Rule Stays
ERISA Attorneys Outline Next Steps, Actions Item After DOL Fiduciary Rule Stays - Marcia Wagner, 40(k) Specialist, August 2, 2024 (PDF)
Retirement Industry People Moves
Retirement Industry People Moves - Denise Chicoine, Edward Englander and Bill Hoch, planadviser, August 2, 2024 (PDF)
Failure to Follow FMLA Regulations Could Cost Employer
n Mook v. City of Martinsville, the U.S. District Court for the Western District of Virginia has ruled that an employer’s failure to follow the procedure set forth in the Family and Medical Leave...
Retirement Security Rule Stayed
Last week was not a good week for the Department of Labor (“DOL”) in Texas. On July 25, the District Court for the Eastern District of Texas, in a civil action filed by the Federation of Americans...
Major 401(k) Litigators Are ‘Back in Action,’ With More Entering the Fray
Major 401(k) Litigators Are ‘Back in Action,’ With More Entering the Fray - Marcia Wagner, planadviser, August 1, 2024 (PDF)
Three Senior Attorneys Join the Boston Office of The Wagner Law Group
We are proud to announce that Denise Chicoine, Edward Englander and Bill Hoch have joined our firm as Partners in our Boston office. The breadth and depth that they add to our firm in their areas of...
What’s Next for the Fiduciary Rule? Tom Clark at the NAPA DC Fly-In Forum
What’s Next for the Fiduciary Rule? Tom Clark at the NAPA DC Fly-In Forum - Thomas Clark, Jr., NAPA, July 31, 2024 (PDF)
Looming Litigation: Discussing Ongoing Fiduciary Rule Litigation
Looming Litigation: Discussing Ongoing Fiduciary Rule Litigation - Thomas Clark, Jr., panelist, NAPA D.C. Fly-In Forum, Washington D.C., July 30 - 31, 2024 - Click here for details
4 Takeaways After Courts Block ERISA Advice Regs
4 Takeaways After Courts Block ERISA Advice Regs - Andrew Oringer, Law360, July 29, 2024 (PDF)
District Court Denies Motion to Dismiss Complaint for Misapplication of Plan Forfeitures
District Court Denies Motion to Dismiss Complaint for Misapplication of Plan Forfeitures - Marcia Wagner and Michael Schloss, 401(k) Advisor, July/August 2024
New Tree Co. Owners Can’t Lodge Suit Over Defunct ESOP
New Tree Co. Owners Can't Lodge Suit Over Defunct ESOP - Thomas Clark, Jr., Stephen Wilkes, Law360, July 26, 2024 (PDF)
Father Not Entitled to Prenatal FMLA Leave
In Tanner v. Stryker, the U.S. Court of Appeals for the Eleventh Circuit has ruled that an employee’s parental Family and Medical Leave Act (“FMLA”) rights do not begin until the actual birth of his...
Reimagining Retirement: Participant Data in Your Practice
Reimagining Retirement: Participant Data in Your Practice - Thomas Clark, Jr., panelist, Endeavor Retirement live webinar, July 23, 2024 - Click here for recording
Jury Must Make Factual Determinations in FMLA Lawsuit
In Crispell v. FCA, the U.S. Court of Appeals for the Sixth Circuit determined that a jury must decide whether an employee’s failure to follow her employer’s leave procedures was due to “unusual...
Why Chevron Reversal May Make Retirement’s ‘Most Cautious’ Players More Risk-Averse
Why Chevron Reversal May Make Retirement’s ‘Most Cautious’ Players More Risk-Averse - Marcia Wagner, planadviser, July 15, 2024 (PDF)
Lawsuit Against NYC Pension Funds’ Divestment in Fossil Fuels Dismissed
Lawsuit Against NYC Pension Funds’ Divestment in Fossil Fuels Dismissed - Andrew Oringer, PLANSPONSOR, July 3, 2024 (PDF)
District Court Grants Motion to Dismiss Forfeiture Complaint
Prior to joining the firm,...
Retirement Income Solutions in QDIAs: What Are the Impediments?
Retirement Income Solutions in QDIAs: What Are the Impediments? - Thomas Clark, Jr., NAPA, July 11, 2024 (PDF)
Employer Forfeited Funds Complaint Against HP Inc. 401(k) Plan Is Dismissed
Employer Forfeited Funds Complaint Against HP Inc. 401(k) Plan Is Dismissed - Marcia Wagner and Andrew Oringer, PLANSPONSOR, July 10, 2024 (PDF)
Qualified Default Investment Annuities (QDIAs) – Start to Finish, Default to Payout
Qualified Default Investment Annuities (QDIAs) - Start to Finish, Default to Payout - Thomas Clark, Jr., U.S. Department of Labor ERISA Advisory Council testimony, July 10, 2024
Salim Ramji Takes Vanguard CEO Helm With Good Vibes But the Company’s 50 million ‘Owners’ May Expect More Privileges
Salim Ramji Takes Vanguard CEO Helm With Good Vibes But the Company's 50 million 'Owners' May Expect More Privileges - Ari Sonneberg, RIABiz, July 9, 2024 (PDF)
Appeals Court Issues Split Ruling on ACA’s Preventive Services Requirements
In Braidwood Management, Inc. v. Becerra, the U.S. Court of Appeals for the Fifth Circuit has issued a “mixed bag” of rulings with regards to the preventive services requirements of the Affordable...
Judge Tosses Fossil-Fuel Divestment Suit Against NYC Pensions
Judge Tosses Fossil-Fuel Divestment Suit Against NYC Pensions - Mark Greenstein, FUNDfire, July 8, 2024 (PDF)
Chevron Reversal Could Affect Appeal of DOL’s ESG Rule
Chevron Reversal Could Affect Appeal of DOL’s ESG Rule - Andrew Oringer, PLANSPONSOR, July 5, 2024 (PDF)
5 Argument Sessions Benefits Attys Should Watch For In July
5 Argument Sessions Benefits Attys Should Watch For In July - Andrew Oringer, Law360, July, 3, 2024 (PDF)
Benefits Rules Likely to Draw Fresh Fire After High Court Action Ari Sonneberg
Benefits Rules Likely to Draw Fresh Fire After High Court Action - Roberta Casper Watson, Bloomberg Law, July 2, 2024 (PDF)
Key Employee Incentives: From Design to Implementation
Key Employee Incentives: From Design to Implementation - Mark Poerio, panelist, CPAAcademy.org webinar, July, 10, 2024, 4;00 - 5:00 PM (EDT) - Click here for details and registration
Providing Retirement Benefits Can Benefit Employers
Providing Retirement Benefits Can Benefit Employers - Ari Sonneberg, PLANSPONSOR, July 1, 2024 (PDF)
PBGC Closer to Receiving Pension Plan Restitution Payments
PBGC Closer to Receiving Pension Plan Restitution Payments - Andrew Oringer, PLANSPONSOR, July 1, 2024 (PDF)
IRS Issues FAQs on Educational Assistance Programs
The IRS has issued a fact sheet (FS-2024-22) to provide Frequently Asked Questions (“FAQs”) regarding educational assistance programs. Background. An educational assistance program is a written...
Employers Can Trust Address Provided by Employees
Employers Can Trust Address Provided by Employees - Marcia Wagner, PLANSPONSOR, June 25, 2024 (PDF)
5 ERISA Cases to Watch in 2024’s Second Half
5 ERISA Cases to Watch in 2024's Second Half - Andrew Oringer, Law360, June 21, 2024 (PDF)
Employer May Rely on Address Provided by Employee
In Anaya v. Birck, the United States District Court for the Northern District of Illinois ruled that an employer met its COBRA notification requirements even though it did not send a terminated...
Reg S-P Amended Around Cybersecurity
Seth F. Gaudreau concentrates his practice in ERISA...
Transportation Fringe Benefit Contributions May Not Be Reimbursed to Employee
In Information Letter 2024-004, the IRS has reiterated that contributions to a qualified transportation fringe benefits plan may not be reimbursed, even if the employee could not commute because of...
Pivotal ERISA Case Stalls Amid Mental Health Crisis
Pivotal ERISA Case Stalls Amid Mental Health Crisis - Andrew Oringer, Law360, June 13, 2024 (PDF)
Hedge Funds Urged to Prepare for a Non-Compete Clause Ban
Hedge Funds Urged to Prepare for a Non-Compete Clause Ban - Katherine Brustowicz, FUNDfire, June 12, 2025 (PDF)
Court Split Spells Trouble on Surprise Billing Award Enforcement
Court Split Spells Trouble on Surprise Billing Award Enforcement - Roberta Casper Watson, Bloomberg Law, June 11, 2024 (PDF)
TIAA Retirement Suit Foreshadows Future 401(k) Rule Litigation
TIAA Retirement Suit Foreshadows Future 401(k) Rule Litigation - Andrew Oringer, Bloomberg Law, June 7, 2024 (PDF)
District Court Denies Motion to Dismiss Forfeiture Complaint
Michael Schloss is a highly...
DOL’s New Fiduciary Regulation and Exemptions
DOL’s New Fiduciary Regulation and Exemptions - Marcia Wagner, speaker, Retirement Management Executive Forum (RMEF), Chicago, Il, June 5, 2024 - View PowerPoint presentation here
DOL Fiduciary Rule Could Mean More Analysis, Documentation, Say Industry Watchers
DOL Fiduciary Rule Could Mean More Analysis, Documentation, Say Industry Watchers - Marcia Wagner, Financial Advisor IQ, June 5, 2024 (PDF)
401(k) Lawsuits Over ‘Forfeited’ Money Get a Lifeline
401(k) Lawsuits Over ‘Forfeited’ Money Get a Lifeline - Andrew Oringer, Investment News, June 3, 2024 (PDF)
Increased Litigation Around PRTs Brings Insurance Industry Practices to Light
Increased Litigation Around PRTs Brings Insurance Industry Practices to Light - Andrew Oringer, PLANSPONSOR, June 3, 2024 (PDF)
Non-Competes are Being Curtailed: What Employers Need to Know and Do Now
Non-Competes are Being Curtailed: What Employers Need to Know and Do Now - David Gabor and Katherine Brustowicz, The Wagner Law Group free webinar, June 25, 2024, 1:00 - 1:30 PM (EDT) - Watch the...
The Rise of Fiduciary Health Plan Litigation
By Stephen Wilkes and Michael Schloss According to CMS, annual health care spending in the United States reached about $4.5 trillion in 2022, 9% of which (about $405 billion) was spent on...
Undue Influence Claims Under ERISA
Undue Influence Claims Under ERISA - Barry Salkin, Benefits Law Journal, Volume 37, No. 2, Summer 2024
Employer May Be Liable for Misrepresenting Life Insurance Conversion Information
Employer May Be Liable for Misrepresenting Life Insurance Conversion Information - Marcia Wagner, 401(k) Advisor, May 2024
DOL Issues Warnings About the Use of AI in FMLA Administration
The Department of Labor (“DOL”) has issued Field Assistance Bulletin (“FAB”) 2024-1 which contains guidance and warnings on the use of artificial intelligence (“AI”) when administrating various...
Are Insolvency Laws Contributing to the Death of Single Employer DB Plans?
Are Insolvency Laws Contributing to the Death of Single Employer DB Plans? - Israel Goldowitz, Panelist, 19th Biennial IPEBLA Conference, Milan, Italy, May 26 - 29, 2024 - Click here for details
DOL Releases Final Rule Revising FLSA Overtime Regulations
By Virginia Peabody (Senior Consultant) and Cassandra White (Paralegal) On April 23, 2024, the Biden administration announced a final rule that impacts overtime protections by increasing...
(Another) Fiduciary Breach Asserted in TPA Healthcare Claims Processing
(Another) Fiduciary Breach Asserted in TPA Healthcare Claims Processing - Thomas Clark, Jr., National Association of Plan Advisors, May 20, 2024 (PDF)
Important Takeaways For Employers Following The EEOC’s Final Rule Implementing the Pregnant Workers Fairness Act (PWFA)
By Katherine Brustowicz, David Gabor, and Johanna Matloff Introduction This is a follow-up to our May 9, 2023, alert regarding the Pregnant Workers Fairness Act (PWFA) which went into effect on June...
DOL Revokes Association Health Plan Regulations
The Department of Labor (“DOL”) has revoked its Association Health Plan (“AHP”) regulations and expects to replace them with stricter standards that provide additional employee protections....
Department of Labor’s New Investment Advice Fiduciary Rule and Related Exemption Amendments
By Michael Schloss and Stephen Wilkes On April 25, 2024, the Department of Labor’s (DOL) new fiduciary investment advice rule, restyled as the “Retirement Security Rule”, was published in the...
FTC Ban On Noncompetes: 7 Things Employees & Executives Must Know
FTC Ban On Noncompetes: 7 Things Employees & Executives Must Know - Quoting WLG Law Alert by Katherine Brustowicz, David Gabor, Johanna Matloff, Mark Poerio, Andrew Oringer, and Virginia...
Human Expertise Meets Machine Intelligence: The Winning Formula for Modern Financial Planning
Human Expertise Meets Machine Intelligence: The Winning Formula for Modern Financial Planning - Marcia Wagner, The Street, May 8, 2024 (PDF)
’Staggering Penalties’ Possible For Financial Firms Because of DOL Rules
’Staggering Penalties’ Possible For Financial Firms Because of DOL Rules - David Gabor and Katherine Brustowicz, Rethinking65, May 7, 2024 (PDF)
Group Health Plans Must Take Action to Comply with Changes to HIPAA Privacy Rules Designed to Protect Reproductive Healthcare Privacy
By Dannae Delano In further response[i] to the Supreme Court ruling in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, the U.S. Department of Health and Human Services...
401(k) Rule Suit Echoes Past Legal Attack on Obama-Era Version
401(k) Rule Suit Echoes Past Legal Attack on Obama-Era Version - Marcia Wagner, Bloomberg Law, May 7, 2024 (PDF)
Attention Investment Managers: QPAM Matters for Immediate Review
Seth F. Gaudreau concentrates his practice in ERISA...
Ban on Non-Competition Agreements – What Employers Need to Know and Do Now
Introduction On April 23, 2024 the U.S. Federal Trade Commission (FTC) approved a proposed final rule which bans new non-competition clauses in employment contracts for most workers across...
Taking the Human out of Human Resources? Artificial Intelligence and its Impact on the Employment Setting
Taking the Human out of Human Resources? Artificial Intelligence and its Impact on the Employment Setting - Johanna Matloff, The Wagner Law Group Free Webinar, May 14, 2024, 1:00 - 1:30 PM (EDT)
Insurer May Rely on In-House Advisors’ Disability Determination
In Harmon v Unum Life, the U.S. Court of Appeals for the Sixth Circuit has ruled that an insurer may rely on its own medical advisors in denying long term disability (“LTD”) benefits, as long as the...
401(k) Advice Rule Puts New Fiduciaries in Litigation Crosshairs
401(k) Advice Rule Puts New Fiduciaries in Litigation Crosshairs - Michael Schloss, Bloomberg Law, May 1, 2024 (PDF)
Work-Life Referral Services Not Taxable Benefits
The IRS has issued Fact Sheet 2024-13 (the “Fact Sheet”) to confirm that work-life referral (“WLR”) services provided by an employer are non-taxable, de minimis fringe benefits. Background. A WLR...
4 Takeaways from DOL’s Final ERISA Investment Advice Regs
4 Takeaways from DOL's Final ERISA Investment Advice Regs - Andrew Oringer, Law360, April 25, 2024 (PDF)
FDIC Bid to Strip BlackRock and Vanguard of Superpower ‘Has Legs’
FDIC Bid to Strip BlackRock and Vanguard of Superpower 'Has Legs' - Ari Sonneberg, RIABiz, April 24, 2023 (PDF)
Labor Department Issues Rule to Crack Down on Bad Retirement Savings Advice
Labor Department Issues Rule to Crack Down on Bad Retirement Savings Advice - Andrew Oringer, CNBC, April 23, 2024 (PDF)
Notice for Fixed Indemnity Insurance Revised
The Internal Revenue Service, Department of Labor, and Department of Health and Human Services (the “Agencies”) have issued a revised, mandatory notice for fixed indemnity insurance coverage....
Multiple Employer Plans Update
Multiple Employer Plans Update - Susan Rees, panelist, ABA 2024 May Tax Section Meeting, May 3, 2024, Washington, D.C. - Click here for details
Examining Increasing Health Plan Fee Litigation
Examining Increasing Health Plan Fee Litigation - Thomas Clark, Jr., panelist, Corporate Synergies live webinar, May 9, 2024, 2:00 - 3:00 PM (EDT) - Click here for details and registration
Employee Must Provide Adequate Notice of Need for FMLA Leave
The U.S. Court of Appeals for the Fifth Circuit has ruled, in Cerda v. Blue Cube Operations, that an employee was not protected by the Family and Medical Leave Act (“FMLA”) when she never gave the...
Prime Healthcare Lacked Oversight Of 401(k) Plan, Judge Told
Prime Healthcare Lacked Oversight Of 401(k) Plan, Judge Told - Marcia Wagner, Law360, April 10, 2024 (PDF)
April 15 the (Unofficial) Cutoff for Meetings on Fiduciary Rule
April 15 the (Unofficial) Cutoff for Meetings on Fiduciary Rule - Andrew Oringer, Ignites, April 10, 2024 (PDF)
ERISA at 50: How We Got Here and Where Employee Benefits Law is Headed
ERISA at 50: How We Got Here and Where Employee Benefits Law is Headed - Israel Goldowitz, panelist, Worldwide Employee Benefits Network live and virtual seminar, New York, NY, June 20, 2024, 3:00 -...
IBM Wins Dismissal of Pension Lawsuit
IBM Wins Dismissal of Pension Lawsuit - Andrew Oringer, PLANSPONSOR, April 9, 2024 (PDF)
Nashville Nice—NAPA 401(k) Summit Kicks Off Sunday!
Nashville Nice—NAPA 401(k) Summit Kicks Off Sunday! - Thomas Clark, Jr., National Association of Plan Advisors, April 7, 2024 (PDF)
Compare “Shuns”: Retirement Income Solutions – How to Compare
Compare “Shuns”: Retirement Income Solutions – How to Compare - Thomas Clark, Jr., panelist, NAPA 401(k) Summit, Nashville, TN, April 7 - 9, 2024 - Click here for details
Agencies Revise Short-Term Health Insurance Regulations
HHS, DOL and IRS (the “Agencies”) have jointly issued revised final regulations reducing the maximum duration of short-term, limited-duration health insurance (“STLDHI”) coverage. Background. ...
Minnesota Sponsor Sues Adviser for True-Up Plan Amendment
Minnesota Sponsor Sues Adviser for True-Up Plan Amendment - Andrew Oringer, PLANSPONSOR, April 3, 2024 (PDF)
Longstanding Internal Revenue Service Position on Forfeitures Called Into Question
Longstanding Internal Revenue Service Position on Forfeitures Called Into Question - Marcia Wagner, 401(k) Advisor, April, 2024
Father of the 401(k) Is Planting a New Workplace Savings Idea
Father of the 401(k) Is Planting a New Workplace Savings Idea - The Wagner Law Group, planadviser, April 1, 2024 (PDF)
COBRA Compliance: Employer Tips From Audit Guidelines and Class Action Litigation
COBRA Compliance: Employer Tips From Audit Guidelines and Class Action Litigation - Dannae Delano and Linda Stuessi, panelists, Lorman Education Services live CLE webinar, May 15, 2024, 1:00 - 2:05...
Insurer May Be Liable Under ERISA for Unauthorized Premium Increases
The U.S. Court of Appeals for the First Circuit, in Parameter v. Prudential Insurance and Tufts University, has ruled that an insurer may have breached its fiduciary duty through unauthorized...
Unpacking the New Independent Contractor Final Rule and Employee Classification: Steps Employers Can Take
The U.S Department of Labor has revised its guidance regarding the classification of workers as employees or independent contractors. In addition, there have been developments affecting the...
Molina Healthcare Close to Win in ERISA Lawsuit
Molina Healthcare Close to Win in ERISA Lawsuit - Andrew Oringer, PLANSPONSOR, March 22, 2024 (PDF)
Pension Risk Transfers and the Continuing Concern About Buying a Pig in a Poke
By Michael Schloss Pension risk transfers (“PRTs”) continue to make the news. And well they should. Last year alone, over $100 billion in liabilities were transferred from defined benefit pension...
Employer May Be Liable for Misrepresenting Life Insurance Conversion Information
In Watson vs. EMC Corp., the U.S. Court of Appeals for the Tenth Circuit has ruled that an employer may be liable for the amount of life insurance proceeds if the participant failed to convert his...
Mutual Mistake Under ERISA
Mutual Mistake Under ERISA - Barry Salkin, Benefits Law Journal, Vol. 37, No. 1, Spring 2024
Companies Transferred Billions in Pension Assets to Annuities. Here Come the Lawsuits
Companies Transferred Billions in Pension Assets to Annuities. Here Come the Lawsuits - Andrew Oringer, InvestmentNews, March 14, 2024 (PDF)
Exhaustion – NYU Review of Employee Benefits
Exhaustion - Barry Salkin, NYU Review of Employee Benefits, October 2023
IRS Warns Companies are Making False Statements About Health Plan Reimbursements
In IR-2024-65 (the “IR”), the IRS warns taxpayers that some companies are misrepresenting the circumstances under which food and wellness expenses can be paid or reimbursed under health flexible...
Plaintiffs Request Judge Approve Settlement in ERISA Data Breach Lawsuit
Plaintiffs Request Judge Approve Settlement in ERISA Data Breach Lawsuit - Andrew Oringer, PLANSPONSOR, May 13, 2024 (PDF)
401(k) Inventor Offers New Way to Earn ‘Bread
401(k) Inventor Offers New Way to Earn 'Bread' - Marcia Wagner, Newsmax, March 12, 2024 (PDF)
If You Cross-Trade Securities, Make Sure Not to Cross ERISA
If You Cross-Trade Securities, Make Sure Not to Cross ERISA - Michael Schloss, Bloomberg Tax, March 8, 2023 (PDF)
LTD Plan Must Consider Future Harm from Stress
In Aisenberg v. Reliance Standard Life Ins. Co., the United States District Court for the Eastern District of Virginia has ruled that a long term disability (“LTD”) plan must take into account...
Massachusetts Lawyers Weekly 2024 Women Who Lead Edition
2024 Women Who Lead - Marcia Wagner, Massachusetts Lawyers Weekly, March 6, 2024 (PDF)
The SEC Fires All Guns Against a Crypto Platform Plan Fiduciaries Should Take Note
The SEC Fires All Guns Against a Crypto Platform Plan Fiduciaries Should Take Note - Marcia Wagner, 401(k) Advisor, March, 2024
DOL Streamlines PTE Application Rule With New Requirements
DOL Streamlines PTE Application Rule With New Requirements - Michael Schloss and Stephen Wilkes, Bloomberg Law, February 29, 2024 (PDF)
Court Finds Health Plan Not Required to Furnish Administrative Service Agreements in Response to ERISA Document Request
In Zavislak v. Netflix, Inc., the U.S. District Court for the Northern District of California has largely rejected a plaintiff’s assertion that an employer/plan administrator for an ERISA...
Dewan and Beyond – The Creation, Codification, and Implementation of QDROs 2024
Dewan and Beyond – The Creation, Codification, and Implementation of QDROs 2024 – Regina Mandl, Barry Salkin, Ari Sonneberg and Marcia Wagner, panelists, Pennsylvania Bar Institute CLE webinar,...
401(k) World: Recordkeepers, Advisers and ‘Co-opetition’
401(k) World: Recordkeepers, Advisers and ‘Co-opetition’ - Thomas Clark, Jr., PLANADVISER, February 27, 2024 (PDF)
Merger and Acquisition Considerations for Employee Benefit Plans
By Seth Gaudreau and Stephen Wilkes In the context of mergers and acquisitions, an acquisition target’s qualified retirement plans, health plans, executive compensation arrangements, and benefit...
Surviving the New DOL Game Plan for Prohibited Transaction Exemptions
Surviving the New DOL Game Plan for Prohibited Transaction Exemptions - Michael Schloss and Stephen Wilkes, The Wagner Law Group Webinar, March 19, 2024, 12:00 - 1:00 PM (EDT) - Click here for...
4 Trends Executive Compensation Attorneys Are Watching
4 Trends Executive Compensation Attorneys Are Watching - Andrew Oringer, Law350, February 23, 2024 (PDF)
IRS Announces Decreased 2025 Employer Shared Responsibility Penalties
In Revenue Procedure 2024-14, the IRS has announced the 2025 penalty rates for violations of the employer shared responsibility provisions of the Affordable Care Act (“ACA”). Background. Under the...
Judge Denies American Airlines’ Motion to Dismiss
Judge Denies American Airlines’ Motion to Dismiss - Andrew Oringer, PLANSPONSOR, February 22, 2024 (PDF)
Pennsylvania Federal Judge Orders RiversEdge Out of Retirement Plans
Pennsylvania Federal Judge Orders RiversEdge Out of Retirement Plans - Andrew Oringer, PLANSPONSOR, February 21, 2024 (PDF)
California’s Expanded Non-Compete Ban Has National Reach
California’s Expanded Non-Compete Ban Has National Reach - David Gabor, Rethinking65, February 21, 2024 (PDF)
ICHRAs: The New Health Care Benefit for Advisors to Learn in 2024
ICHRAs: The New Health Care Benefit for Advisors to Learn in 2024 - Thomas Clark, Jr., 401(k) Specialist Magazine, February 5, 2024 (PDF)
DOL Updates FMLA Fact Sheets
To assist in employer and employee compliance, the Department of Labor (“DOL”) has issued several revised Family and Medical Leave Act (“FMLA”) Fact Sheets, including Fact Sheet 28D: Employer...
Attorney Peter Hutchinson Joins The Wagner Law Group
Attorney Peter Hutchinson Joins The Wagner Law Group - The Wagner Law Group Press Release, February 13, 2024
California Further Tightens Restrictions on Non-Compete Clauses
California Further Tightens Restrictions on Non-Compete Clauses - David Gabor, PLANADVISER, February 9, 2024 (PDF)
Johnson & Johnson Case Signals Employee Drug Price Suits to Come
Johnson & Johnson Case Signals Employee Drug Price Suits to Come - Roberta Casper Watson, Bloomberg Law, February 9, 2024 (PDF)
Agencies Update Non-English Language Requirements
The Departments of Labor and Health and Human Services, and the IRS (“the Agencies”) have issued Frequently Asked Questions About Affordable Care Act (“ACA”) and Consolidated Appropriations Act,...
California Restricts Non-Compete Agreements
By David Gabor Over the years, California has taken steps to prevent employers from forcing employees to enter into non-compete agreements that limit an employee’s ability to obtain subsequent...
Case Law Survey – ERISA Section 3(21)(A) and Discretion – Part 3
Case Law Survey - ERISA Section 3(21)(A) and Discretion – Part 3 - Marcia Wagner, 401(k) Advisor, February, 2024
New Fire for Enforcing Forfeiture-for-Competition Provisions
By Mark Poerio and Jordan Mamorsky The enforceability of non-compete provisions continues to be in the national spotlight. In a very recent Delaware Supreme Court decision, Cantor Fitzgerald, L.P....
DOL Announces Indexed Penalties for Health and Welfare Plans
The Department of Labor released a final rule that provides new figures reflecting the adjusted civil penalty amounts for 2024, for certain health and welfare plan violations. The DOL is required...
SEC Matters to Consider in the New Year: 2024 Exam Priorities and Off-Channel Enforcement Actions
Seth F. Gaudreau concentrates his practice in ERISA...
Workers Poised to Get Benefits as Rule Creates ‘Employees’
Workers Poised to Get Benefits as Rule Creates ‘Employees’ - Roberta Casper Watson, Bloomberg Law, January 29, 2024 (PDF)
Plan Insurer Held Liable for Failure to Follow Claims Procedures
The U.S. District Court for the District of Utah, in R.E. v. Blue Cross Blue Shield, has ruled that the failure to properly follow ERISA’s claims procedures may result in a reversal of a claims...
26 State Attorneys General Appeal Biden ESG Rule Decision
26 State Attorneys General Appeal Biden ESG Rule Decision - Andrew Oringer, PLANSPONSOR, January 19, 2024 (PDF)
State Law Claims Preempted By ERISA
In Steigleman v. Symetra Life, the U.S. District Court for the District of Arizona has ruled that a small business owner could not sue an insurance company under state law for long term disability...
Jordan Mamorsky Appointed Partner at The Wagner Law Group
Jordan Mamorsky Appointed Partner at The Wagner Law Group - January 17, 2024
DOL Gives Go-Ahead to Auto Enrollment in Emergency Accounts
DOL Gives Go-Ahead to Auto Enrollment in Emergency Accounts - Andrew Oringer, Investment News, January 17, 2024 (PDF)
DOL Sues Blue Cross Blue Shield Minnesota for Collecting $66.8M in Provider Tax
DOL Sues Blue Cross Blue Shield Minnesota for Collecting $66.8M in Provider Tax - Andrew Oringer, PLANSPONSOR, January 17, 2024 (PDF)
Could Skin Care be the Next Gold Rush Opportunity for Tax-Free FSA Shopping?
Could Skin Care be the Next Gold Rush Opportunity for Tax-Free FSA Shopping? - Roberta Watson, Glossy, January 16, 2024 (PDF)
LTD Insurer May Subsequently Reverse Disability Determination
The U.S. District Court for the Southern District of Florida has ruled, in Delucca v. The Guardian Life Insurance Company of America, that a long term disability (“LTD”) plan was not bound by prior...
Compliance Issues for Employer Health and Welfare Plans: Fees, Services, Plan Contracts, Reporting, Audits
Compliance Issues for Employer Health and Welfare Plans: Fees, Services, Plan Contracts, Reporting, Audits - Dannae Delano, panelist, Strafford live CLE webinar, January 4. 2024 - Click here for...
DOL Proposes Rescission of Association Health Plan Rules
The Department of Labor (“DOL”) has proposed that the Association Health Plan (“AHP”) regulations be revoked and replaced with stricter standards that provide additional employee protections....
5 January Argument Sessions Benefits Attys Should Watch
5 January Argument Sessions Benefits Attys Should Watch - Marcia Wagner and Andrew Oringer, Law360, January 3, 2024 (PDF)
Plan Sponsors Should Be Intentional When Adding Managed Accounts
Plan Sponsors Should Be Intentional When Adding Managed Accounts - Marcia Wagner, PLANSPONSOR, January 2, 2024 (PDF)
Case Law Survey – ERISA Section 3(21)(A) and Discretion – Part 2
Case Law Survey - ERISA Section 3(21)(A) and Discretion – Part 2 - Marcia Wagner, 401(k) Advisor, January, 2024
Eleventh Circuit Adopts Strict Standard for FMLA Claims
The Eleventh Circuit Court of Appeals, in Lapham v. Walgreen Co., has ruled that the “but for” legal standard applies to Family and Medical Leave Act (“FMLA”) retaliation claims. Law. The FMLA...
DOL Proposes to Rescind 2018 Association Health Plan Rule
DOL Proposes to Rescind 2018 Association Health Plan Rule - Roberta Casper Watson, PLANSPONSOR, December 22, 2023 (PDF)
Bugielski v. At&T Case Continues With Appellate Reversal
By Michael Schloss and Stephen Wilkes On August 4, 2023, a Ninth Circuit panel reversed a District Court decision in favor of AT&T - holding that AT&T breached its fiduciary duties by,...
Case Law Survey–ERISA Section 3(21)(A) and Discretion—Part 1
Case Law Survey–ERISA Section 3(21)(A) and Discretion—Part 1 - Marcia Wagner, 401(k) Advisor, Volume 30, No. 10, November/December 2023
Yellow: Pension Plan Unjustly Seeking ‘Free Money’ From Bankruptcy Case
Yellow: Pension Plan Unjustly Seeking ‘Free Money’ From Bankruptcy Case - Michael Schloss, FleetOwner, December 15, 2023 (PDF)
Plan Must Consider All “Independent Grounds” for Claims Coverage
The U.S. Court of Appeals for the Tenth Circuit, in Ian C. v. UnitedHealthcare Ins. Co., has ruled that a group health plan violated ERISA’s claims procedures by failing to separately evaluate each...
Merrill Edge in Hot Seat Over Rates Paid on IRAs
Merrill Edge in Hot Seat Over Rates Paid on IRAs - Michael Schloss, Financial Planning, December 14, 2023 (PDF)
Longstanding Internal Revenue Service Position Called into Question
By Barry Salkin, Michael Schloss and Mark Greenstein Recently, several class action lawsuits have been filed challenging the permissibility of plan language providing discretion as to how...
CapitalROCK: Retirement Security Rule Review by Wagner Law Group
CapitalROCK: Retirement Security Rule Review by Wagner Law Group - Stephen Wilkes, Globe Newswire. December 13, 2023 (PDF)
2025 ACA Out-of-Pocket Limits
The U.S. Department of Health and Human Services (“HHS”) has announced the proposed maximum out-of-pocket (“OOP”) limits that will apply to non-grandfathered plans for plan years beginning in...
5 Recent ERISA Decisions Attorneys Should Know
5 Recent ERISA Decisions Attorneys Should Know - Andrew Oringer, Law360, December 8, 2023 (PDF)
Participant May Sue Plan for Facial Feminization Surgery Coverage
The United States District Court for the Eastern District of Pennsylvania, in Doe v. Independence Blue Cross, declined to dismiss a participant’s lawsuit claiming that a group health plan covered...
SEC Speaks to Importance of Naming Convention
By Seth Gaudreau and Stephen Wilkes SEC Commissioner Crenshaw reminded us last year that, despite the poetic beauty of Shakespeare’s observation that, “A rose by any other name would smell as...
Court Upholds PBGC Denial of Special Financial Assistance to a Terminated Multiemployer Plan
By Israel Goldowitz In March 2021, Congress enacted the American Rescue Plan Act (ARPA), which authorized the Pension Benefit Guaranty Corporation (PBGC) to provide taxpayer-funded special financial...
Treasury’s Record $4.3B Crypto Exchange Fine Adds to Pressure on Digital Assets
Treasury’s Record $4.3B Crypto Exchange Fine Adds to Pressure on Digital Assets - Kim Shaw Elliott, Chief Investment Officer, November 29, 2023 (PDF)
Crypto Remains Massive Compliance Risk for Retirement Fiduciaries
Crypto Remains Massive Compliance Risk for Retirement Fiduciaries - Kim Shaw Elliott, PLANADVISER, November 27, 2023 (PDF)
SEC Case Highlights Why Fiduciaries Should Be Cautious About Crypto
SEC Case Highlights Why Fiduciaries Should Be Cautious About Crypto - Kim Shaw Elliott, PLANSPONSOR, November 22, 2023 (PDF)
SEC Charges Against Kraken Identify Specific Tokens as Securities
SEC Charges Against Kraken Identify Specific Tokens as Securities - Kim Shaw Elliott, PLANADVISER, November 22, 2023 (PDF)
The SEC Fires All Guns Against a Crypto Platform Plan Fiduciaries Should Take Note
By Kim Shaw Elliott The SEC announced November 20 that it has charged Payward Inc. and Payward Ventures, Inc. (together “Kraken”, an online crypto platform) with a litany of securities registration...
Seasoned Litigator Joins The Wagner Law Group
Seasoned Litigator Joins The Wagner Law Group - The Wagner Law Group Press Release, November 14, 2023
A ‘Sea Change’ May be Coming for Investment Advice about 401(k)-to-IRA Rollovers
A ‘Sea Change’ May be Coming for Investment Advice about 401(k)-to-IRA Rollovers - Andrew Oringer, CNBC, November 8, 2023 (PDF)
Developments on the ESOP Front
By Jon Schultze, Andrew Oringer and Barry Salkin Employee stock ownership plans (“ESOPs”) are retirement plans that provide employees with the opportunity to own stock of their employer. Congress...
IBM Plans to End 5% Employer Matching in 401(k) Plan
IBM Plans to End 5% Employer Matching in 401(k) Plan - Andrew Oringer, PLANSPONSOR, November 3, 2023 (PDF)
3 Takeaways From DOL’s New Fiduciary Proposal
3 Takeaways From DOL's New Fiduciary Proposal - Andrew Oringer, Law360, November 2, 2023 (PDF)
The Retirement Security (Nee Fiduciary) Rule Rides Again
By Michael Schloss, Andrew Oringer, Barry Salkin, John Sohn and Stephen Wilkes Earlier this week, on October 31, 2023, the Department of Labor (the “Department”) rolled out its long anticipated new...
IRS Announces 2024 Cost-of-Living Adjustments Affecting Retirement Plans
By Ari Sonneberg The Internal Revenue Service announced cost-of-living adjustments affecting certain dollar limitations for pension plans and other retirement-related limitations for 2024 in Notice...
What to Consider When Adding Retirement Income Options
What to Consider When Adding Retirement Income Options - Ari Sonneberg, PLANSPONSOR, November 1, 2023 (PDF)
Blacklisted ‘Woke’ Firms Like BlackRock and State Street Still Have a Lock on AUM in Oil States Like Oklahoma
Blacklisted 'Woke' Firms Like BlackRock and State Street Still Have a Lock on AUM in Oil States Like Oklahoma - Ari Sonnebrg, RIABiz, November 1, 2023 (PDF)
Prepare for Upcoming Changes to Defined Contribution Plans Long-Term, Part-Time Employees
The SECURE Act of 2019 (the “2019 Act”) and the SECURE 2.0 Act of 2022 (the “2022 Act”) made many significant changes to retirement plans and how they operate. Several provisions became effective...
Employee Benefits In Bankruptcy: Update On Key Issues
Employee Benefits In Bankruptcy: Update On Key Issues - Israel Goldowitz and Dannae Delano, AIRA Journal Vol. 36, No. 4, 2023
Vanguard Cleans Up Legal Matters, Settles Two Suits, Loses Third
Vanguard Cleans Up Legal Matters, Settles Two Suits, Loses Third - Ari Sonneberg, RIABiz, October 27, 2023 (PDF)
IRS Announces PCORI Fee
IRS has released Notice 2023-70, which provides the “applicable dollar amount” for the Patient-Centered Outcomes Research Institute (“ PCORI” ) fee for plan years ending before October 1, 2024....
New Wave of 401(k) Forfeiture Lawsuits May Hinge on Plan Terms
New Wave of 401(k) Forfeiture Lawsuits May Hinge on Plan Terms - Andrew Oringer, Bloomberg Law, October 24, 2024 (PDF)
How Retirement Security Litigation Has Impacted the Defined Contribution Landscape
How Retirement Security Litigation Has Impacted the Defined Contribution Landscape - Andrew Oringer, Pensions & Investments News, October 23, 2023 (PDF)
Massachusetts has Increased its Estate Tax Exemption to $2,000,000
By Regina Snow Mandl Massachusetts has raised the estate tax exemption from $1,000,000 to $2,000,000, retroactively to January 1, 2023. As a result, for decedents dying after 2022 who have a...
CMS Announces Medicare Part A Deductibles and Part B Premiums for 2024
The Centers for Medicare & Medicaid Services (“CMS”) has announced the 2024 premiums, deductibles and coinsurance amounts for the Medicare Part A and Part B programs. Medicare Part A covers...
IRS Issues Notice Providing Relief to Taxpayers Affected by Recent Terroristic Actions Against Israel
By Michael Schloss On October 13, 2023, responding to the terroristic action in the State of Israel that began on October 7, 2023, the Department of the Treasury and the Internal Revenue Service...
Plan Penalized for Failure to Follow Its Own Provisions
Plan Penalized for Failure to Follow Its Own Provisions - Marcia Wagner, 401(k) Advisor, Volume 30, No. 9, October 2023
IRS Notice on Treatment of Leave-Based Donation Programs
In response to an extreme need for charitable relief by victims of the Hawaiian wildfires that began on August 8, 2023, the IRS has issued Notice 2023-69 (the “Notice”) to provide guidance under the...
Goldman Sachs’ Sweeping Legal Effort to Crush ‘United Capital’ Advisor Exodus May Prove Largely Meaningless
Goldman Sachs' Sweeping Legal Effort to Crush 'United Capital' Advisor Exodus May Prove Largely Meaningless - Ari Sonneberg, RIABiz, October 9, 2023 (PDF)
Complaints Allege Improper Use of 401(k) Plan Forfeitures
Complaints Allege Improper Use of 401(k) Plan Forfeitures - Marcia Wagner, PLANSPONSOR, October 9, 2023 (PDF)
Investors Roll More Than $600 Billion a Year to IRAs. Anticipated Labor Department Rules Could Raise Their Protections
Investors Roll More Than $600 Billion a Year to IRAs. Anticipated Labor Department Rules Could Raise Their Protections - Andrew Oringer, CNBC, October 6, 2023 (PDF)
Developments at the EEOC: What This Means for You
Developments at the EEOC: What This Means for You - David Gabor, The Wagner Law Group free webinar, November 1, 2023, 1:00 - 1:45 PM (EDT) - Click here for recording
ERISA: Defense Strategies to DOL Litigation and Investigations
ERISA: Defense Strategies to DOL Litigation and Investigations - Stephen Wilkes, panelist, The Knowledge Group Live Webcast, October 18, 2023, 12:00 - 1:30 PM (EDT)
Participant May Receive Monetary Damages for Plan’s Failure to Approve Procedure
In Rose v. PSA Airlines, Inc., the Fourth Circuit Court of Appeals ruled that a self-funded group health plan may be sued for monetary damages for failure to approve a medical procedure for a plan...
ERISA Section 3(21)(A) and Discretion
ERISA Section 3(21)(A) and Discretion - Barry Salkin, Benefits Law Journal, Vol. 36 No. 3, Autumn 2023 (PDF)
SEC, DOL, FINRA Regulatory Issues – Annuities in ERISA Retirement Plans
SEC, DOL, FINRA Regulatory Issues - Annuities in ERISA Retirement Plans - Stephen Wilkes, speaker, National Association of Compliance Professionals (NSCP) 2023 National Conference, Dallas, TX,...
Court Rules ERISA Preempts Oklahoma Law Regulating PBMs
The U.S. Court of Appeals for the Tenth Circuit, in Pharmaceutical Care Management v. Mulready, has ruled that a state law regulating pharmacy benefit managers (“PBMs”) is preempted by the Employee...
The Future Is Now for ERISA Fiduciary Duties Around Plan Data
The Future Is Now for ERISA Fiduciary Duties Around Plan Data - Michael Schloss, Bloomberg Law, September, 27. 2023 (PDF)
Biden ESG Rule Survives Challenge in Court. ‘Tonal Shift’ May be Biggest Victory, Lawyer Says
Biden ESG Rule Survives Challenge in Court. ‘Tonal Shift’ May be Biggest Victory, Lawyer Says - Andrew Oringer, CNBC, September 27, 2023 (PDF)
Unlocking the Power of Retirement Plans for Climate Action
Unlocking the Power of Retirement Plans for Climate Action - The Wagner Law Group, 401(k) Specialist, September 25, 2023 (PDF)
4 Takeaways For Benefits Attys After Judge Clears ESG Rule
4 Takeaways For Benefits Attys After Judge Clears ESG Rule - Andrew Oringer, Law360, September 22, 2023 (PDF)
Guidelines for Mental Health and Medical/Surgical Claims Need Not Be Identical
The U S District Court for the District of Utah has ruled, in L.D. v. United HealthCare, that a group health plan does not violate the Mental Health Parity and Addiction Equity Act (“MHPAEA”) if it...
New Strategy in 401(k) Litigation: Ask for Settlement Before Suit is Filed
New Strategy in 401(k) Litigation: Ask for Settlement Before Suit is Filed - Andrew Oringer, Investment News, September 20, 2023 (PDF)
Supreme Court Asked to Weigh in on Arbitration, Again
Supreme Court Asked to Weigh in on Arbitration, Again - Jordan Mamorsky, Pensions & Investments, September 18, 2023 (PDF)
New Republican Discrimination Bill Adds Little to Current Law: Lawyers
New Republican Discrimination Bill Adds Little to Current Law: Lawyers - Mark Greenstein, FUNDfire, September 18, 2023 (PDF)
Latest ERISA Standard Ruling Could Lead To More Dismissals By Kellie Mejdrich
Latest ERISA Standard Ruling Could Lead To More Dismissals - Andrew Oringer, Law360, September 15, 2023 (PDF)
COBRA Notice Need Not Be Single Notification
In deciding Bryant v. Walgreen Co., the U.S. District Court for the Northern District of Illinois addressed several important aspects of the COBRA notification requirements. Law. Employers must...
Department of Labor Recovers $22.5 million for ESOP
Department of Labor Recovers $22.5 million for ESOP - Andrew Oringer, PLANSPONSOR, September 13, 2023 (PDF)
DOL Braces For Hostile Reception To Fiduciary Rule Rewrite
DOL Braces For Hostile Reception To Fiduciary Rule Rewrite - Andrew Oringer, Law360, September 12, 2023 (PDF)
Highlights of 2023 PBGC Meeting With ABA’s Joint Committee on Employee Benefits
By Harold Ashner and Israel Goldowitz On September 11, 2023, the American Bar Association (“ABA”) posted a summary of the May 3, 2023, meeting between representatives of the Pension Benefit Guaranty...
New Fiduciary Rule Sent to OMB By Department of Labor
New Fiduciary Rule Sent to OMB By Department of Labor - Thomas Clark, Jr., NAPA, September 9, 2023 (PDF)
Why Some Ex-Workers at Bed Bath & Beyond Face 401(k) Losses
Why Some Ex-Workers at Bed Bath & Beyond Face 401(k) Losses - Israel Goldowitz, New York Times, September 9, 2023 (PDF)
Claims Denial Overturned for Failure to Follow Claims Procedures
The U.S. Court of Appeals for the Tenth Circuit, in David P. v. United Healthcare Ins. Co., has reversed a group health plan’s benefits claim denial because the plan’s claims administrator failed to...
IRS Issues Transitional Guidance for Required Minimum Distributions
IRS Issues Transitional Guidance for Required Minimum Distributions - Marcia Wagner, 401(k) Advisor, Volume 30, No. 8, September 2023
Law Firm Letter Backs DOL Rule on ERISA Fiduciaries Using Climate Factors
Law Firm Letter Backs DOL Rule on ERISA Fiduciaries Using Climate Factors - chief investment officer, September 1, 2023 (PDF)
Wagner Law Group: Climate Funds, ERISA May Co-Exist, With Prudence
Wagner Law Group: Climate Funds, ERISA May Co-Exist, With Prudence - PLANSPONSOR, August 31, 2023 (PDF)
SECURE 2.0 Roth Catch-Up Delay: More IRS Guidance to Come
SECURE 2.0 Roth Catch-Up Delay: More IRS Guidance to Come - The Wagner Law Group Law Alert, 401(k) Specialist, August, 31, 2023 (PDF)
IRS Delays Roth Catch-up Contribution Change to Defined Contribution Plans
By John Schultze and Barry Salkin One of the changes made by the SECURE 2.0 Act requires that catch-up contributions made by employees with FICA compensation from an employer sponsoring a 401(k),...
HHS Issues Warning About Online Tracking
The Office of Civil Rights (“OCR”) at the U.S. Department of Health and Human Services (“HHS”) and the Federal Trade Commission (“FTC”) have issued a letter, dated July 20, 2023 (the “Letter”),...
Legal Opinion Letter Released by Business Climate Finance Affirms Companies’ Ability to Consider ESG Factors in Employer-Sponsored Retirement Plan Selection Process
Legal Opinion Letter Released by Business Climate Finance Affirms Companies' Ability to Consider ESG Factors in Employer-Sponsored Retirement Plan Selection Process - businesswire, August 29, 2023...
The RIA Business Can Heave a Sigh of Relief as Grayscale Beats the SEC in Court
The RIA Business Can Heave a Sigh of Relief as Grayscale Beats the SEC in Court - Ari Sonneberg, RIABiz, August 29, 2023 (PDF)
9th Circ. Reopens Door To Reprocessing In UBH Battle
9th Circ. Reopens Door To Reprocessing In UBH Battle - Andrew Oringer, Law360, August 25, 2023, (PDF)
IRS Releases ACA Affordability Rates for 2024
The Internal Revenue Service has issued Revenue Procedure 2023-29 to implement the 2024 index adjustments for certain Affordable Care Act (“ACA”) contribution percentages used to determine...
Former Director Sues Howard University Pension Plan
Former Director Sues Howard University Pension Plan - Andrew Oringer, PLANSPONSOR, August 21, 2023 (PDF)
10th Circ.’s Okla. PBM Ruling Could Curtail State Regulation
10th Circ.'s Okla. PBM Ruling Could Curtail State Regulation - Andrew Oringer, Law360, August 18, 2023 (PDF)
IRS Issues Guidance on Taxation of Restricted Stock Units to Employees Working in United States and Abroad
By Barry Salkin In a global economy, it will frequently be the case that employees of multinational organizations will be employed in both the United States and abroad. In Chief Counsel Advice...
11 Attorneys from The Wagner Law Group to be Recognized in 2024 Edition of The Best Lawyers in America©
Boston, MA, August 17, 2023 – The Wagner Law Group, widely recognized as the country’s top ERISA and employee benefits law firm, is delighted to announce that 11 of its attorneys will be recognized...
DOL Revises Medicaid/CHIP Model Notice
The Department of Labor (“DOL”) has released a revised Model Notice for employers to use to inform employees about the potential for them to receive state-provided premium assistance subsidies to...
Claims Appeals Procedures Must be in Formal Plan Documents
Claims Appeals Procedures Must be in Formal Plan Documents - Marcia Wagner, 401(k) Advisor, Volume 30, No. 7, July/August 2023
9th Circ. ERISA Fee Ruling May Spur High Court Intervention
9th Circ. ERISA Fee Ruling May Spur High Court Intervention - Andrew Oringer, Law360, August 9, 2023 (PDF)
Failure to Follow Claims Regulations Results in De Novo Review
The U.S. District Court for the Southern District of New York, in Rhodes v. First Reliance, has ruled that an insurer’s denial of a long-term disability (“LTD”) claim must be reviewed under the de...
Departments Consider Potential Safe Harbor for Nonquantitative Treatment Limitations under the Mental Health Parity and Addiction Equity Act Regarding Network Adequacy
By Dannae Delano, Roberta Casper Watson and Barry Salkin On July 25, the Departments of Treasury, Labor, and Health and Human Services (the “Departments”) issued proposed regulations and other...
3 Takeaways From The PBGC’s Latest Fiscal Health Checkup
3 Takeaways From The PBGC's Latest Fiscal Health Checkup - Israel Goldowitz, Law360, August 4, 2023 (PDF)
Agencies Issue Proposed Regulations on Mental Health Parity Implementation
HHS, DOL and IRS (collectively, the “Agencies”) have jointly issued proposed regulations to provide guidance on the implementation of the requirements of the Mental Health Parity and Addiction...
UnitedHealth Group Insurance TPA, UMR Sued by DOL
UnitedHealth Group Insurance TPA, UMR Sued by DOL - Andrew Oringer, PLANSPONSOR, August 2, 2023 (PDF)
CMS Recommends Extension of Special Enrollment for Individuals Losing Medicaid and CHIP
By Roberta Watson, Dannae Delano and Barry Salkin Employers frequently provide group health plan coverage for their employees through pre-tax contributions to a cafeteria plan. Elections under a...
Departments Issue Guidance on No Surprises Act and Limitations on Cost Sharing Under the Affordable Care Act
By Dannae Delano, Roberta Watson and Barry Salkin In FAQ Part 60, the Departments of Health and Human Service, Treasury, and Labor (the “Departments”) addressed limitations on cost sharing under the...
Pension benefits at Yellow Corp. secured by Teamsters fund bailout this year
Pension Benefits at Yellow Corp. Secured by Teamsters Fund Bailout This Year - Michael Schloss, Pensions & Investments, August 1, 2023 (PDF)
Fidelity Investments is Suddenly Fending off a Fresh Wave of AI Suitors for its Vast Recordkeeping Data Trove
Fidelity Investments is Suddenly Fending off a Fresh Wave of AI Suitors for its Vast Recordkeeping Data Trove - Ari Sonneberg, RIABiz, July 28, 2023 (PDF)
Plan Penalized for Failure to Follow Its Own Provisions
In Laake v. Benefits Committee, Western & Southern Financial Group Co., the U.S. Court of Appeals for the Sixth Circuit determined that the de novo standard of review applies where an employer’s...
IRS Issues Transitional Guidance for Required Minimum Distributions
By Jon Schultze and Barry Salkin In response to changes made by the SECURE 2.0 Act of 2022 (SECURE 2.0) to the required minimum distribution (“RMD”) rules of the Internal Revenue Code (the “Code”),...
DOL Advises Plan Sponsors to Extend Enrollment Period for Employees Losing Medicaid
DOL Advises Plan Sponsors to Extend Enrollment Period for Employees Losing Medicaid - Roberta Casper Watson, PLANSPONSOR, July 24, 2023 (PDF)
ERISA Arbitrability Battles May Require High Court Guidance
ERISA Arbitrability Battles May Require High Court Guidance - Andrew Oringer, Law360, July 21, 2022 (PDF)
Departments Propose Regulations on Short-Term Limited Duration Insurance and Indemnity Insurance Excepted Benefits
By Dannae Delano, Roberta Casper Watson and Barry Salkin On July 7, the Departments of Health and Human Services, Labor, and Treasury (the “Departments”) issued proposed regulations modifying the...
Significant Changes Made to IRS Employee Plans Compliance Resolution System
By Dannae Delano, Seth Gaudreau and Barry Salkin The SECURE 2.0 Act of 2022, Division T of Public Law No. 117-328 (“the Act”) includes dozens of provisions that affect retirement plans and...
Reservists Must Receive Paid Administrative Leave Benefits
In Myrick v City of Hoover, the U.S. Court of Appeals for the 11th Circuit has ruled that military reservists must be treated as if they were on paid leave for purposes of the Uniformed Services...
ERISA Fiduciary Institute 2023
ERISA Fiduciary Institute 2023 - Andrew Oringer and Susan Rees, panelists, American Bar Association Joint Committee on Employee Benefits (JCEB) seminar, Washington, D.C., September 12, 2023 - Click...
Twitter Hit With $500M Suit for Unpaid Severance
Twitter Hit With $500M Suit for Unpaid Severance - Andrew Oringer, planadviser, July 12, 2023 (PDF)
Plan May Exclude Certain Specified Emergency Services
The U.S. Court of Appeals for the Eighth Circuit has ruled, in Shafer v. Zimmerman Transfer, that a group health plan does not have to pay for emergency services specifically excluded by the plan...
ERISA Allows Plan Fiduciaries to Pursue More Than Just Money
ERISA Allows Plan Fiduciaries to Pursue More Than Just Money - Michael Schloss, Bloomberg Tax, July 10, 2023 (PDF)
FAQ Clarifies Status of In-Network Providers, Facility Fees
FAQ Clarifies Status of In-Network Providers, Facility Fees - Roberta Casper Watson, PLANSPONSOR, July 10, 2023 (PDF)
EBSA Publishes Regulatory Update on Health Facility Fees, Provider Networks
EBSA Publishes Regulatory Update on Health Facility Fees, Provider Networks - Roberta Casper Watson, planadviser, July 7, 2023 (PDF)
IRS Issues HDHP Guidance for End of COVID Emergency Period
In response to the ending of the COVID-19 public health emergency and national emergency, the IRS has issued Notice 2023-37, which modifies its prior guidance on benefits relating to the testing and...
3 DOL Moves Benefits Attorneys Will Be Watching For
3 DOL Moves Benefits Attorneys Will Be Watching For - Andrew Oringer, Law360, July 3, 2023 (PDF)
SEC’s Recent Marketing Rule Risk Alert Identifies Additional Areas of Focus During Compliance Examinations
By Seth Gaudreau and Stephen Wilkes On June 8, 2023, the Securities and Exchange Commission’s (“SEC”) Division of Examinations (the “Division”) published a risk alert (the “Risk Alert” - found here)...
Financial Aspects of Divorce in Massachusetts: Division of Retirement Assets in Divorce
Financial Aspects of Divorce in Massachusetts: Division of Retirement Assets in Divorce - Marcia Wagner and Ari Sonneberg, MCLE New England, 2nd Edition, 2023
Jury Delivers Win to Yale With 403(b) Lawsuit Verdict
Jury Delivers Win to Yale With 403(b) Lawsuit Verdict - Andrew Oringer, PLANSPONSOR, June 29, 2023 (PDF)
IRS Releases Guidance Denying Favorable Tax Treatment to Certain Wellness Program Incentive Payments
IRS has released guidance, in the form of Chief Counsel Memorandum Number: 202323006 (the “Memorandum”), denying favorable tax treatment to wellness incentive program payments provided through...
DOL Sues Missouri Bankers Benefit Plan
DOL Sues Missouri Bankers Benefit Plan - Andrew Oringer, PLANSPONSOR, June 16, 2023 (PDF)
Could Health Care Regulation Go the Way of Retirement Plans?
Could Health Care Regulation Go the Way of Retirement Plans? - Andrew Oringer, PLANSPONSOR, June 12, 2023 (PDF)
DOL Provides Guidance About Holidays During FMLA Leave
The Department of Labor (“DOL”) has issued Opinion Letter FMLA 2023-2-A (the “Letter”) to clarify how the amount of leave used is calculated when an employee takes Family and Medical Leave Act...
The Wagner Law Group Grows its Washington D.C. Office with Veteran DOL Attorney Michael Schloss
The Wagner Law Group Grows its Washington D.C. Office with Veteran DOL Attorney Michael Schloss - June 7, 2023
New England 401(k) Fee Suits Forge Employers’ Longshot Bid
New England 401(k) Fee Suits Forge Employers’ Longshot Bid - Marcia Wagner, Bloomberg Law, June 6, 2023 (PDF)
Massachusetts Division of Insurance Provides Special Enrollment Period for Loss of COBRA Coverage
By Dannae Delano, Barry Salkin and Roberta Casper Watson As we have previously described in client alerts, the end of the National Emergency and the cessation of the outbreak period on July 10,...
Churchill Holdings ESOP Participants Sue
Churchill Holdings ESOP Participants Sue - Andrew Oringer, PLANSPONSOR, June 2, 2023 (PDF)
Coverage Requirements for COVID-related Services Post-Public Health Emergency
The COVID-19 national emergency (“NE”) and public health emergency (“PHE”) officially ended on April 10 and May 11, 2023, respectively. The end of the emergencies provides group health plan sponsors...
Pension Risk Transfers Continue to Skyrocket in Q1
Pension Risk Transfers Continue to Skyrocket in Q1 - Marcia Wagner, PLANSPONSOR, May 25, 2023 (PDF)
IRS Issues Advice on Nonfungible Tokens (NFTs) in IRS and Tax Qualified Individual Account Plans
IRS Issues Advice on Nonfungible Tokens (NFTs) in IRS and Tax Qualified Individual Account Plans - Marcia Wagner, 401(k) Advisor, May 2023
The Who, When and Why of Independent Fiduciaries
The Who, When and Why of Independent Fiduciaries - John Sohn and Stephen Wilkes, Benefits Magazine, May/June 2023
IRS Announces 2024 HSA and HRA Limits
The IRS has announced the 2024 calendar year dollar limits for health savings account (“HSA”) contributions, the minimum deductible amounts and maximum out-of-pocket expenses for high deductible...
SEC Issues New Guidance For Investment Advice Obligations
By Stephen Wilkes and Seth Gaudreau On April 26, 2023, the U.S. Securities and Exchange Commission (“SEC”) published a Staff Bulletin (the “Bulletin”) reiterating the care obligation standards of...
DOL, Trade Groups Clash Over ERISA Prohibited Transactions
DOL,Trade Groups Clash Over ERISA Prohibited Transactions - Andrew Oringer, Pensions & Investments, May 22, 2023 (PDF)
Employers Discuss Why They Use Vendor Search Consultants
Employers Discuss Why They Use Vendor Search Consultants - Andrew Oringer, PLANSPONSOR, May 19, 2023 (PDF)
Employer Can Select Individuals Who Receive Severance Benefits
The U.S. Court of Appeals for the Seventh Circuit has ruled, in Carlson v. Northrop Grumman Severance Plan, that an employer can use its discretion to individually select which terminated employees...
The DOL Accepts a FAQ-Out and Rolls Over . . . for Now – Appeal of ASA v. DOL Is Abandoned
By Andrew Oringer It was reported yesterday, on May 15, 2023, that the U.S. Department of Labor (the “DOL”) has abandoned its appeal in American Securities Association [“ASA”] v. U.S. Department of...
Claims Appeals Procedures Must be in Formal Plan Documents
In Yates v. Symetra Life Insurance, the U.S. Court of Appeals for the Eighth Circuit has ruled that a life insurance beneficiary need not exhaust a plan’s claims appeals procedures when the plan...
What Regulations and the Law Say About Retirement Income
What Regulations and the Law Say About Retirement Income - Marcia Wagner, 2023 PLANSPONSOR National Conference, Orlando, FL, June 21 - 23, 2023 - Click here for details
The Pregnant Workers Fairness Act (PWFA): What Employers Need to Know Before Summer 2023
By Katherine Brustowicz and David Gabor Introduction: It has long been the law that Title VII, the Age Discrimination in Employment Act (ADEA), and the Family Medical Leave Act (FMLA) protect...
Richter-Gordon, Chamberlain Launch Firm to Vet Lifetime Income Options in 401(k)s
Richter-Gordon, Chamberlain Launch Firm to Vet Lifetime Income Options in 401(k)s - The Wagner Law Group, 401(k) Specialist, May 9, 2023 (PDF)
Aon, Astellas Pay to Settle CIT Conflict of Interest Litigation
Aon, Astellas Pay to Settle CIT Conflict of Interest Litigation - Andrew Oringer, PLANSPONSOR, May 9, 2023 (PDF)
Legally Navigating Workplace Disability and Religious Accommodations
Legally Navigating Workplace Disability and Religious Accommodations - Katherine Brustowicz and David Gabor, panelists, The Wagner Law Group webinar, May 31, 2023, 1:00 - 1:45 PM (EDT) - Click here...
Massachusetts Human Resource Law Boot Camp
Massachusetts Human Resource Law Boot Camp - Katherine Brustowicz, panelist, National Business Institute (NBI), live online seminar, May 5, 2023 9:00 AM - 4:30 PM (EDT)- Click here for details
IRS Chief Counsel Discusses Cafeteria Plan Substantiation Rules
The IRS Office of Chief Counsel has issued Memorandum Number 202317020 (the “Memorandum”) to explain the substantiation rules for claims made under health and dependent care FSAs by means of six...
Court Ruling Vacating DOL Rollover Guidance isn’t End of Fiduciary Saga
Court Ruling Vacating DOL Rollover Guidance isn't End of Fiduciary Saga - Andrew Oringer, Pensions & Investments, May 1, 2023 (PDF)
3 May Argument Sessions Benefits Attorneys Should Watch
3 May Argument Sessions Benefits Attorneys Should Watch - Andrew Oringer, Law360, April 28, 2023 (PDF)
ERISA Lawsuit Against NJ Transit Authority Dismissed
ERISA Lawsuit Against NJ Transit Authority Dismissed - WLG Law Alert, PLANSPONSOR, April 28, 2023 (PDF)
Government Plan Not Covered by ERISA
In Pue v. New Jersey Transit Authority, the U.S. Court of Appeals for the Third Circuit has dismissed an ERISA-based lawsuit because government plans are not covered by ERISA. Law. ERISA section...
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities [Continued]
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities [Continued] - Marcia Wagner, 401(k) Advisor, April 2023
TPA Subject to Nondiscrimination Rules
The Federal District Court for the Western District of Washington has ruled, in C.P. vs. Blue Cross Blue Shield of Illinois, that an insurer acting as a third party administrator (“TPA”) is covered...
Code Section 457(f) Conundrum: How to Handle Past Year Mistakes (from Vesting)
Code Section 457(f) Conundrum: How to Handle Past Year Mistakes (from Vesting) - Mark Poerio and Barry Salkin, LexisNexis Practical Guidance, March 31, 2023
IRS Requires Most Employee Benefit Plans to File Forms Electronically
IRS Requires Most Employee Benefit Plans to File Forms Electronically - The Wagner Law Group, LexisNexis Practical Guidance, April 2023
DOL Sues Profit-Sharing Retirement Plan of California Consultant
DOL Sues Profit-Sharing Retirement Plan of California Consultant - Andrew Oringer, PLANSPONSOR, April 17, 2023 (PDF)
HIPAA Enforcement Suspended During Pandemic to Resume With 90 Day Transition Period for Telehealth
By Dannae Delano U.S. Department of Health and Human Services’ Office for Civil Rights (OCR) issued the following four pieces of guidance announcing enforcement discretion during the COVID-19...
Secure 2.0, The Fiduciary Rule, New Developments: What You Need to Know
Secure 2.0, The Fiduciary Rule, New Developments: What You Need to Know - Marcia Wagner, Financial Executives International (FEI) Committee on Benefits Finance – March 2023 Virtual Meeting -...
Board Resolution Insufficient to Terminate Severance Pay Plan
The U.S. Court of Appeals for the Fourth Circuit has ruled, in Messer v. Bristol Compressors, that a Board of Directors resolution intended to terminate a severance pay plan was insufficient because...
Full-Time to Part-Time: Educate Employees About Ramifications for Benefits and Compensation
Full-Time to Part-Time: Educate Employees About Ramifications for Benefits and Compensation - Marcia Wagner, SHRM, April 12, 2023 (PDF)
Agencies Issue Guidance Regarding Effect of the End of the COVID-19 Public Health Emergency (PHE) and National Emergency (NE) on Benefits
By Barry Salkin, Dannae Delano and Roberta Casper Watson On January 31, 2020, the Department of Health and Human Services (HHS) declared that a nationwide public health emergency (PHE) had existed...
As Private Equity Firms Work to Access 401(k) Market, Plaintiff Lawyers Gear Up to Sue
As Private Equity Firms Work to Access 401(k) Market, Plaintiff Lawyers Gear Up to Sue - Thomas Clark, Jr., The Capitol Forum, April 10, 2023
Withdrawal Liability Interest Rate Assumptions: The Battle Continues
Withdrawal Liability Interest Rate Assumptions: The Battle Continues - Israel Goldowitz, Bloomberg Tax Management Compensation Planning Journal, April 7, 2023
Suit “Routes”: Lessons Learned from Litigation
Suit “Routes”: Lessons Learned from Litigation - Thomas Clark, Jr., Panel Moderator, NAPA 401(k) Summit, April 3 -5. 2-2023 - Click here for details
Case(s) in Point
Case(s) in Point - Thomas Clark, Jr., NAPANET the Magazine, Spring 2023 (PDF)
What to Love (& Fear) About SECURE 2.0 Now
What to Love (& Fear) About SECURE 2.0 Now - Thomas Clark, Jr., NAPANET the Magazine, Spring 2023 (PDF)
Has the Litigation Pendulum Swung Back to Plan Sponsors?: NAPA 401(k) Summit
Has the Litigation Pendulum Swung Back to Plan Sponsors?: NAPA 401(k) Summit - Thomas Clark, Jr., NAPA, April 4, 2023 (PDF)
Nestimate Debuts Software Solution for In-Plan Guaranteed Income Products
Nestimate Debuts Software Solution for In-Plan Guaranteed Income Products - Marcia Wagner and John Sohn, 401(k) Specialist, April 3, 2023 (PDF)
How Plan Sponsors Can Offer Backdoor Roth Conversions
How Plan Sponsors Can Offer Backdoor Roth Conversions - Marcia Wagner, PLANSPONSOR, April 3, 2023 (PDF)
Governance
Governance - Andrew Oringer, PLANSPONSOR Magazine, March - April 2023
The Duty of Impartiality
The Duty of Impartiality - Bary Salkin, author, Benefits Law Journal, Vol 36, No. 1, Spring 2023
What All Estate Planners Need to Know About Cohabitation & Prenuptial Agreements
What All Estate Planners Need to Know About Prenuptial & Cohabitation Agreements - Christopher Suh, panelist, MCLE New England live CLE webcast, November 6, 2023, 9:00 - 11:00 AM (EDT) - Click...
IRS Issues Guidance on Nonfungible Tokens (“NFTs”) in IRAs and Tax-Qualified Individual Account Plans
By Barry Salkin and Jon Schultze Unlike ERISA, the Internal Revenue Code (“Code”) places almost no restrictions on the manner in which plan assets of individual retirement plans or tax-qualified...
IRS Requires Most Employee Benefit Plans to File Forms Electronically
The IRS has issued final regulations that will require almost all employee benefit plan filings to be made electronically. Background. Generally, Applicable Large Employers are required to file...
ERISA Attorney Marcia Wagner Comments On The President’s Veto Of Bipartisan ESG Joint Resolution
ERISA Attorney Marcia Wagner Comments On The President’s Veto Of Bipartisan ESG Joint Resolution - Marcia Wagner, Forbes, March 24, 2023 (PDF)
7th Circ. Northwestern Ruling Eases ERISA Pleading Standard
7th Circ. Northwestern Ruling Eases ERISA Pleading Standard - Amdrew Oringer, Law360, March 24, 2023 (PDF)
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities - Marcia Wagner, 401(k) Advisor, March 2023
IRS Provides Guidance on the Definition of “Medical Expenses”
The IRS has issued a series of Frequently Asked Questions (“FAQs”) to provide guidance as to whether certain costs related to nutrition, wellness, and general health are medical expenses that may be...
Defined Benefits Plans: Underfunded Plans
Defined Benefits Plans: Underfunded Plans - Harold Ashner and Linda Rosenzweig, contributing authors, Bloomberg Law Guide to Retirement Plan Designs. March 2023
Fiduciary Litigation Debate
Fiduciary Litigation Debate - Thomas Clark, Jr., DC Pension Geeks Podcast, March 20, 2023 - Click here for recording
Avoiding Nonqualified Plan Traps: Key Considerations for ERISA Counsel and Employers
Avoiding Nonqualified Plan Traps: Key Considerations for ERISA Counsel and Employers - Mark Poerio, Strafford Live CLE webinar, March 23, 2023, 1:00 - 2:30 PM (EDT) - Click here for details
The Wagner Law Group Ranked Among the Largest Women-Owned Businesses in Massachusetts
The Wagner Law Group Ranked Among the Largest Women-Owned Businesses in Massachusetts - March 15, 2023
After the Victory Lap: The To-Do List for Plan Sponsors on the Passing of SECURE 2.0
After the Victory Lap: The To-Do List for Plan Sponsors on the Passing of SECURE 2.0 - panelist, Institutional Investor Defined Contribution Forum, Chicago, IL, April 18 - 19, 2023 - Click here for...
LinkedIn Settles 401(k) Excessive Fee Complaint for $6.75 Million
LinkedIn Settles 401(k) Excessive Fee Complaint for $6.75 Million - Andrew Oringer, PLANSPONSPR, March 15, 2023 (PDF)
IRS Issues Proposed Regulations Regarding Use of Forfeitures in Tax-Qualified Plans
By Jon Schultze and Barry Salkin Some of the IRS regulations dealing with tax-qualified plans predate ERISA and subsequent federal tax legislation, and have become outdated. However, sometimes it...
SECURE Act 2.0 Modification to Controlled Group and Affiliated Service Group Requirements
By Jon Schultze and Barry Salkin One of the less-discussed provisions of the recently enacted SECURE Act 2.0 makes two changes to the “family attribution” rules under Section 414 of the Internal...
Departments Issue Guidance Requiring First Annual “Gag” Attestation by December 31, 2023
By Dannae Delano, Roberta Casper Watson and Barry Salkin The Consolidated Appropriations Act of 2021 (“CAA”) is the most significant compliance challenge for employer health plan sponsors since the...
DOL Distinguishes Between FMLA and ADA Rights With Regards to Required Overtime
The Department of Labor (“DOL”) has issued Opinion Letter FMLA 2023-1-A with regards to employees who have health conditions that prevent them from working more than 40-hours per week. DOL was asked...
Retirement Industry People Moves
Retirement Industry People Moves - PLANADVISER, March 3, 2023 (PDF)
Battle Over ESG Means Balancing Act For Benefits Plans
Battle Over ESG Means Balancing Act For Benefits Plans - Andrew Oringer, Law360, March 3, 2023 (PDF)
Court Ruling Vacating DOL Rollover Guidance Isn’t End Of Fiduciary Saga
Court Ruling Vacating DOL Rollover Guidance Isn't End Of Fiduciary Saga - Andrew Oringer, Pensions & Investments, March 1, 2023 (PDF)
FMLA Rights For Employees Who Telework
The Department of Labor (“DOL”), in Field Assistance Bulletin No. 2023-1 (“FAB”), has explained how to apply the eligibility rules under the Family and Medical Leave Act (FMLA) when employees...
The Wagner Law Group Grows its Chicago Office With the Addition of Attorney
The Wagner Law Group Grows its Chicago Office With the Addition of Attorney - March 1, 2023
The Largest Women-Owned Businesses in Massachusetts
The Largest Women-Owned Businesses in Massachusetts - Boston Business Journal, February 24, 2023
Jury Must Determine “Comparability” Under USERRA
The U.S. Court of Appeals for the Ninth Circuit, in Clarkson v. Alaska Airlines, has determined that a jury must decide whether an employer offered “comparable,” non-military, paid leave, and was...
Rudy Adolf Dodges Questions on Focus Financial Earnings Call
Rudy Adolf Dodges Questions on Focus Financial Earnings Call - Ari Sonneberg, RIABiz, February 21, 2023 (PDF)
Church-Exemption Ruling Could Have Wide Implications
Church-Exemption Ruling Could Have Wide Implications - Andrew Oringer, PLANSPONSOR, February 22, 2023 (PDF)
Cybersecurity Issues – 2023 Joint TE/GE Council Employee Plans Annual Meeting
Cybersecurity Issues - Susan Rees, 2023 Joint TE/GE Council Employee Plans Annual Meeting, Washington, D.C., February 23 - 24, 2023
Practitioner’s Panel – 2023 Joint TE/GE Council Hybrid Annual Meeting
Practitioner’s Panel - Roberta Watson, 2023 Joint TE/GE Council Employee Plans Annual Meeting, Washington, D.C., February 23 - 24, 2023
DOL Court Loss Casts Shadow On Fiduciary Rulemaking
DOL Court Loss Casts Shadow On Fiduciary Rulemaking - Andrew Oringer, Law360, February 17, 2023 (PDF)
Lawsuit Accuses Conagra of Shirking Pension Benefits
Lawsuit Accuses Conagra of Shirking Pension Benefits - Andrew Oringer, PLANSPONSOR, February 16, 2023 (PDF)
Was the DOL FAQed Out and Rolled Over? Second Court Rejects DOL’s Interpretation of ERISA’s Fiduciary Rule
By Andrew Oringer Two recent federal courts, in Carfora v. TIAA, No. 1:21-cv-08384 (S.D.N.Y. Sept. 27, 2022) and American Securities Association [“ASA”] v. U.S. Department of Labor, No....
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities – Marcia Wagner, 401(k) Advisor, February, 2023
District Court Once Again Invalidates No Surprises Act Regulations
By Roberta Casper Watson, Dannae Delano and Barry Salkin The No Surprises Act directs the Departments of Treasury, Labor, and Health and Human Services (the “Departments”) to establish a Federal...
Federal Judge Strikes Down DOL Rollover Advice Guidance
Federal Judge Strikes Down DOL Rollover Advice Guidance - Andrew Oringer, PLANSPONSOR, February 14, 2023 (PDF)
Court Rolls Back Rollover Rule in 401(k) Fiduciary FAQ Fight
Court Rolls Back Rollover Rule in 401(k) Fiduciary FAQ Fight - Thomas Clark, Jr., National Association of Plan Advisors, February 13, 2023 (PDF)
Employee Benefit Plans
Employee Benefits Plans - Barry Salkin, contributing author, Start-Up & Emerging Companies: Planning, Financing & Operating the Successful Business, ALM
Secure Act 2.0 Litany of Retirement Change Presents Employers Enhanced Retirement Opportunities for Employees
Secure Act 2.0 Litany of Retirement Change Presents Employers Enhanced Retirement Opportunities for Employee - Marcia Wagner, Dannae Delano, Alexander Olsen, Kim Shaw Elliott and Barry Salkin,...
Patients Down, But Not Out, After 9th Circ. Benefits Ruling
Patients Down, But Not Out, After 9th Circ. Benefits Ruling - Andrew Oringer, Law360, February 3, 2023 (PDF)
Catch-Up Contribution? Good Luck With That. Congressional Snafu Leaves Older Retirement Savers in Limbo
Catch-Up Contribution? Good Luck With That. Congressional Snafu Leaves Older Retirement Savers in Limbo - Marcia Wagner, MarketWatch, January 31, 2023 (PDF)
Expectations of the Fiduciary and Retrospective Review
Expectations of the Fiduciary and Retrospective Review - Stephen Wilkes, panelist, National Society of Compliance Professionals (NSCP) Virtual Educational Seminar, May 3, 2023 - Click here for details
Rule Proposes Removing Moral Exemption to Contraception Mandate
Rule Proposes Removing Moral Exemption to Contraception Mandate - Marcia Wagner, SHRM, January 30, 2023 (PDF)
Free Webinar – Quiet Quitting and Quiet Firing: Is It Happening at Your Company
Quiet Quitting and Quiet Firing: Is It Happening at Your Company? - The Wagner Law Group webinar, panelists David Gabor, Katherine Brustowicz, February 22, 2023, 1:00 - 1:45 PM (EST) - Click here...
Glitch-Fixing: How 2024 Catch-Up Contributions Could Be Restored in SECURE 2.0
Glitch-Fixing: How 2024 Catch-Up Contributions Could Be Restored in SECURE 2.0 - Marcia Wagner, 401(k) Specialist, January 30, 2020 (PDF)
DOL “Clarifies” Guidance on the Bonding Requirements to PEPs and their Pooled Plan Providers
DOL "Clarifies" Guidance on the Bonding Requirements to PEPs and their Pooled Plan Providers - Marcia Wagner, 401(k) Advisor, Vol. 30, No. 1, January 2023
DOL Announces Indexed Penalties for Health and Welfare Plans
The Department of Labor (“DOL”) has announced the inflation-adjusted penalties for certain health and welfare plan violations. The new amounts are effective for penalties assessed after January 15,...
TIAA Class Action Reversal May Impose Significant Procedural Hurdle for Future Cases
TIAA Class Action Reversal May Impose Significant Procedural Hurdle for Future Cases - Andrew Oringer, PLANSPONSOR, January 24, 2023 (PDF)
Who’s Liable When a Plan Participant is a Victim of Identity Theft
By Jordan Mamorsky and Barry Salkin Because of the scarcity of case law and regulatory guidance on the issues, any case that analyzes the liability of ERISA plan sponsors and service providers...
Only One Notice Required for Intermittent FMLA Leave
The U.S. Court of Appeals for the Sixth Circuit, in Render, v. FCA US, LLC, has ruled that only one FMLA-qualified notice is required from an employee for intermittent FMLA leave. Law. The FMLA...
Proposed IRS Regulations Would Make Permanent the Availability of Remote Spousal Consent Elections
By Barry Salkin Longstanding Internal Revenue Service (“IRS”) regulations with respect to spousal consent to a waiver of benefits require an election to be witnessed in the physical presence of a...
Potential Fallout from the SEC’s Late Trading Rule Revival
Potential Fallout from the SEC’s Late Trading Rule Revival - Marcia Wagner, NAPA, January 10, 2023 (PDF)
Fiduciary Litigation Year in Review
Fiduciary Litigation Year in Review - Christopher Suh, panelist, Boston Probate & Estate Planner Forum seminar, Union Club, Boston, MA, February 1, 2023
Family Law Trilogy 2023 – Fiduciary Litigation Year in Review
Family Law Trilogy 2023 - Fiduciary Litigation Year in Review - Christopher Suh, panelist, Social Law Library live CLE webinar, January 25, 2023, 4:00 - 6:00 PM (EST) - Click here for details
Avoiding Nonqualified Plan Traps: Key Considerations for ERISA Counsel and Employers
Avoiding Nonqualified Plan Traps: Key Considerations for ERISA Counsel and Employers - Mark Poerio, panelist, Strafford live CLE webinar, January 25, 2023 1:00 - 2:30 PM (EST) - Click here for details
FTC’s Noncompete Ban Would Hit Retirement, RIA Consolidation
FTC’s Noncompete Ban Would Hit Retirement, RIA Consolidation - Marcia Wagner, PLANADVISER, January 9, 2023 (PDF)
ESOP Plan Faces Retirement Records Lawsuit
ESOP Plan Faces Retirement Records Lawsuit - Andrew Oringer, PLANSPONSOR, January 5, 2023 (PDF)
2024 ACA Out-of-Pocket Limits
The U.S. Department of Health and Human Services (HHS) has announced the inflation-adjusted maximum out-of-pocket (OOP) limits that will apply to non-grandfathered plans for plan years beginning in...
Vanguard Cites Shunned Founder Jack Bogle to Deflect Criticism After Epic ESG Flip-Flop
Vanguard Cites Shunned Founder Jack Bogle to Deflect Criticism After Epic ESG Flip-Flop - Ari Sonneberg, RIZBiz, January 3, 2023 (PDF)
Attorney Andrew Oringer Joins The Wagner Law Group
Attorney Andrew Oringer Joins The Wagner Law Group - January 2, 2023
ERISA Group Health Plan’s Self-Help Provision is Enforceable
The Ninth Circuit Court of Appeals, in Mull v. Motion Picture Industry Health Plan; Board of Directors of Motion Picture Industry Health Plan, has determined that an ERISA-covered group health plan...
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities
By Stephen Wilkes, Izzy Goldowitz and John Sohn On November 22, 2022, the Department of Labor (“DOL”) issued a final rule modernizing and revising the long-standing Investment Duties Regulation....
Secure Act 2.0 Brings a Litany of Retirement Changes
By Roberta Watson, Barry Salkin and Alex Olsen The SECURE Act 2.0 of 2022 (“SECURE 2.0”, or the “Act”) became law as part of the Consolidated Appropriations Act of 2023. SECURE 2.0 builds on the...
IRS Publishes Registered Apprenticeship Guidance
By Stephen Wilkes and Seth Gaudreau On November 30, 2022, the Internal Revenue Service (“IRS”) and the Department of the Treasury (“Treasury”) published Notice 2022-61 (the “Notice”) in the Federal...
Federal Agencies Issue Group Health Plan Guidance
By Roberta Watson, Barry Salkin and Dannae Delano On December 23, 2022, new guidance applicable to group health plans was issued by federal agencies, as described more fully below. The Center for...
IRS Finalizes Delayed Effective Dates for ACA Filing Requirements
In past years, the IRS has extended the deadlines for employer and group health plan Affordable Care Act (“ACA”) reporting. In lieu of the deadline extensions, the IRS has now issued final...
First Circuit Illustrates the Importance of the Fiduciary Responsibilities of Health and Welfare Plan Sponsors and Severance Providers Under ERISA
First Circuit Illustrates the Importance of the Fiduciary Responsibilities of Health and Welfare Plan Sponsors and Severance Providers Under ERISA - Dannae Delano, Barry Salkin and Roberta Casper...
Trade Association’s Insurance Program Not Covered by ERISA
Ninth Circuit Court of Appeals has ruled, in Steigleman vs. Symetra Life, that neither an employer nor its trade association created an ERISA-covered plan merely because the employer paid for long...
Mental Health Parity Rules and Requirements for Plan Sponsors and Administrators
Mental Health Parity Rules and Requirements for Plan Sponsors and Administrators - Roberta Casper Watson, panelist, Strafford live CLE webinar, January 4, 2023, 1:00 - 2:30 PM (EST) - Click here for...
Superseding Cause Under ERISA
Superseding Cause Under ERISA - Barry Salkin, Benefits Law Journal, Vol. 35, No. 4, Winter 2022
Pre-existing Condition Exclusion Enforceable Despite Employer Misrepresentation
The Fifth Circuit Court of Appeals, in Bunner v. Dearborn Nat’l Life Ins. Co., has held that a disability insurer properly denied a claim for long-term disability (“LTD”) benefits based on the...
IRS Issues Important Guidance with Respect to Required Minimum Distribution Regulations
IRS Issues Important Guidance with Respect to Required Minimum Distribution Regulations – Marcia Wagner, 401(k) Advisor, November-December, 2022
Plan Administrators May Not Adopt Rationales for Benefit Denials Not Raised During the Claims Review Process
The Ninth Circuit Court of Appeals, in Collier v. Lincoln Life Assurance Co. of Boston, has held that when a district court engages in a de novo review of an ERISA plan administrator’s denial of...
DOL “Clarifies” Guidance on the Bonding Requirements to PEPS and Their Pooled Plan Providers
By Stephen Wilkes, Seth Gaudreau and Susan Rees A recent Information Letter from Eric Berger, Chief, Division of Coverage, Reporting and Disclosure, in the Office of Regulations and Interpretations...
Webinar: Year-End Planning for Benefit Professionals
Year-End Planning for Benefit Professionals - Marcia Wagner, presenter, webinar for Western Pension & Benefits Council, November 30, 2022, 2:00 - 4:00 PM (EST). - PowerPoint presentation...
New DOL Proposal Would Allow Fiduciaries to Self-Correct Certain Errors
New DOL Proposal Would Allow Fiduciaries to Self-Correct Certain Errors - Citing 11/22/22 Law Alert, PLANSPONSOR, November 28, 2022 (PDF)
DOL’s New ESG Rule ‘Unremarkable’
DOL’s New ESG Rule ‘Unremarkable’ - Marcia Wagner, Forbes, November 23, 2022 (PDF)
IRS Announces Increase in PCORI Fee
The IRS has released Notice 2022-59 to announce the “applicable dollar amount” for the Patient-Centered Outcomes Research Institute (“PCORI”) fee for plan years ending before October 1, 2023....
Department of Labor Proposes Updates to the Voluntary Fiduciary Correction Program
In 2002, the Employee Benefits Security Administration (“EBSA”) of the Department of Labor (“DOL”) established the Voluntary Fiduciary Correction Program (“VFCP”), a free program designed to...
House Republicans Vow To Immediately Repeal Funding For 87,000 IRS Agents
House Republicans Vow To Immediately Repeal Funding For 87,000 IRS Agents - Marcia Wagner, Financial Advisor Magazine, November 18, 2022 (PDF)
The Wagner Law Group Signs Letter to Congress on Crucial HSA Issue
During the pandemic, Congress allowed telehealth services to be provided to HSA-eligible individuals without cost-sharing and without regard to whether they had met their deductibles under their...
IRS to Permit Determination Letters in Limited Circumstances for Individually Designed Code Section 403(b) Plans
Historically, an important element of compliance for tax-qualified plans under Code Section 401(a) or 403(a) was the submission of a request for a favorable determination letter on the form of the...
Why the Crypto Collapse Matters
Why the Crypto Collapse Matters - Marcia Wagner, New York Times, November 17, 2022 (PDF)
New IRS Regulations Resolve “Family Glitch” Issue
The IRS has issued final regulations amending the Affordable Care Act (“ACA”) rules regarding eligibility for the law’s premium tax credit (“PTC”). The new rules provide that the “affordability” of...
Despite TPA’s Contractual Obligation, Employer May Still Be Liable for COBRA Notice Violation
An Alabama district court, in Howard v. Ivy Creek of Tallapoosa, LLC, has held that an employer could not avoid liability for failing to provide a COBRA election notice to a plan participant at the...
Free Webinar: Dealing with Difficult Employees
Dealing with Difficult Employees - David Gabor and Katherine Brustowicz, The Wagner Law Group Free Webinar, December 14, 2022, 1:00 PM (EST). CLICK HERE FOR RECORDING Georgina has been having...
Arbitration of ERISA Plan Disputes
Arbitration of ERISA Plan Disputes - Jordan Mamorsky and Barry Salkin, Lexis Nexis Practical Guidance® Practice Note, November 2022
Does It Ever Make Sense To Borrow From Your 401(k)?
Does It Ever Make Sense To Borrow From Your 401(k)? - Marcia Wagner, Forbes, November 7, 2022 (PDF)
Don’t Let ROBS Steal Your Retirement
Don't Let ROBS Steal Your Retirement - Marcia Wagner, Forbes, November 3, 2022 (PDF)
The Wagner Law Group Ranked “Tier 1” ERISA and Employee Benefits Law Firm for 2023
The Wagner Law Group Ranked “Tier 1” ERISA and Employee Benefits Law Firm for 2023 - November 3, 2023
SEC’s Proposed Outsourcing Rule Could Be Hardest on Small Advisers
SEC’s Proposed Outsourcing Rule Could Be Hardest on Small Advisers - Marcia Wagner, PLANADVISER, November 2, 2022 (PDF)
Pension Investing and Climate Change
Pension Investing and Climate Change - Israel Goldowitz, Presenter, 12th Annual Employee Benefits and Social Insurance Conference Boston University School of Law, November 4 - 5, 2022, Boston, MA -...
How To Use Your 401(k) Funds To Start A Business
How To Use Your 401(k) Funds To Start A Business - Marcia Wagner, Forbes, November 1, 2022 (PDF)
Independent Review Prevents “Cat’s Paw” Liability in FMLA Retaliation Claim
The Tenth Circuit Court of Appeals, in Parker v. United Airlines, Inc., has held that the “cat’s paw” theory of liability for FMLA retaliation or interference claims does not apply if the employer...
If You Give Rollover Advice to IRA Owners Act Now: The Compliance Deadline Has Passed
If You Give Rollover Advice to IRA Owners Act Now: The Compliance Deadline Has Passed - Marcia S. Wagner and Kim Shaw Elliott, Investment & Wealth Institute, September/October 2022
Delaware Law Expands Access to Retirement Plans
Delaware Law Expands Access to Retirement Plans - Marcia S. Wagner, SHRM, October 28, 2022 (PDF)
Top 100 Women-Led Businesses in Massachusetts
Top 100 Women-Led Businesses in Massachusetts - Boston Globe, October 28, 2022 (PDF)
Recent Successful Challenges to IRS Actions and Positions
Recent Successful Challenges to IRS Actions and Positions - Barry Salkin, New York University 2022 Review of Employee Benefits and Executive Compensation
IRS Releases 2023 Welfare Benefit Plan Limits
The IRS has released Revenue Procedure 2022-38, which sets forth the 2023 inflation-adjusted limits for certain employee welfare benefit plans and the dollar amounts used for certain discrimination...
IRS Issues Important Guidance with respect to Required Minimum Distribution Regulations
By Jon Schultze and Barry Salkin The SECURE Act made significant revisions to the required minimum distribution rules under Internal Revenue Code (“Code”) Section 401(a)(9) that apply to defined...
Agencies Request for Comments on Issues Related to New Disclosures Under the No Surprises Act Indicate the Importance of Informing Marginalized Populations and Maintaining Privacy of Advance Health Care Information
By Roberta Casper Watson, Dannae Delano and Barry Salkin It should come as no surprise that most Americans do not have the information available to them that is necessary to make informed decisions...
IRS Announces 2023 Cost-of-Living Adjustments Affecting Retirement Plans
By Ari Sonneberg The Internal Revenue Service announced cost-of-living adjustments affecting certain dollar limitations for pension plans and other retirement-related limitations for 2023 in Notice...
Court Finds Employer’s Evidence of COBRA Notice Mailing Procedures Insufficient
An Illinois federal district court, in Earl v. Jewel Food Stores, Inc., has concluded that an employer failed to show it made a good faith effort to provide a COBRA election notice to a terminated...
Insurer Must Make “Reasonably Proximate” Coverage Determinations
The U.S. Court of Appeals for the First Circuit has ruled, in Shields v. United of Omaha, that an insurer must make a coverage determination for a plan participant within a reasonable period of time...
Court Defers to Insurer’s Discretionary Authority
The Eleventh Circuit Court of Appeals, in Stewart v. Hartford Life & Accident Insurance Company, has upheld a lower court’s decision to deny a plaintiff’s appeal for long-term disability (“LTD”)...
Financial Advisors Vote for The Wagner Law Group as the Best ERISA Law Firm for 2022
Financial Advisors Vote for The Wagner Law Group as the Best ERISA Law Firm for 2022 - The Wagner Law Group Press Release, October 3, 2022
Working With the PBGC
Working With the PBGC - Israel Goldowitz, Panelist, Conference of Consulting Actuaries 2022 Annual Meeting, October 16 - 19, 2022, Austin, TX
Free Webinar: Is Your Plan Ready for a DOL Audit – Recording Available
RECORDING AVAILABLE HERE Every year, the Department of Labor (DOL) and the Internal Revenue Service (IRS) perform thousands of audits on employee benefit retirement plans. Even under the best...
Ninth Circuit Requires Lower Court to Consider New Evidence in LTD Suit
The Ninth Circuit Court of Appeals, in Kay v. Hartford Life and Accident Insurance Company, has reversed a lower court’s decision upholding an insurer’s termination of long-term disability (“LTD”)...
RS Announces New Pre-Audit Compliance Pilot Program
IRS Announces New Pre-Audit Compliance Pilot Program - Marcia Wagner, 401(k) Advisor, September 2022
Making Lemonade of Legal Lemons, New Wave of ERISA Class Actions Accuse Fiduciaries of ‘Imprudently’ Using Low-Fee, High-Rated Funds, Like BlackRock TDFs
Making Lemonade of Legal Lemons, New Wave of ERISA Class Actions Accuse Fiduciaries of 'Imprudently' Using Low-Fee, High-Rated Funds, Like BlackRock TDFs - Ari Sonneberg, RIABiz, September 22, 2022...
Federal Court Finds Key Part of ACA’s Preventive Service Mandate Unconstitutional
A Texas federal district court, in Braidwood Management, Inc. v. Becerra, has held that the Affordable Care Act’s (“ACA’s”) requirement that most group health plans and health insurers cover certain...
Conflicting Rulings Prompt Call for ERISA Guidance
Conflicting Rulings Prompt Call for ERISA Guidance - Jordan Mamorsky, Pensions & Investments, September 19, 2022 (PDF)
Challenging Unemployment Compensation Benefits: When Is It Worth It?
Challenging Unemployment Compensation Benefits: When Is It Worth It? - Katherine Brustowicz, SHRM, September 16, 2022 (PDF)
Department of Labor Updates Guidance on Independence of Qualified Plan Accountants
Plan sponsors of large employee benefit pension plans are familiar with the requirement of audited financial statements for annual reporting purposes. That requirement is discussed in the DOL’s...
Some Nonfiduciary Liabilty Issues After Harris Trust
Some Nonfiduciary Liabilty Issues After Harris Trust - Barry Salkin, Bloomberg Tax, Tax Management Compensation Planning Journal, September 2022
“Probate Exception” Precludes Federal Jurisdiction over ERISA Lawsuit
The Sixth Circuit Court of Appeals, in American Electric Power Service Corporation v. John K. Fitch et al., has affirmed a district court’s dismissal of a group health plan’s ERISA action seeking...
Pay for Performance 2022: From Disclosure to Execution … to Retention
By Mark Poerio Tight labor markets tend to sharpen loyalty issues, as employers compete for an edge by which to retain — and motivate — their key employees. It does not take rocket science to defuse...
Evaluating ARPA’s Impact, 1 Year Later
Evaluating ARPA’s Impact, 1 Year Later - Harold Ashner, PLANSPONSOR, September 1, 2022 (PDF)
ERISA Lawsuit Time-Barred Due to Plan’s Limitations Period
The Eleventh Circuit Court of Appeals, in Bakos v. Unum Life Insurance Company of America, has upheld the dismissal of a lawsuit for wrongful denial of long-term disability (“LTD”) benefits because...
How to Avoid Mistakes In Estate Planning
How to Avoid Mistakes in Estate Planning - Marcia Wagner, fiftyplus advocate, August 28, 2022 (PDF)
Fiduciary Risk Management and Liability-Driven 401(k) Plan Design
Fiduciary Risk Management and Liability-Driven 401(k) Plan Design - Marcia Wagner and Barry Salkin, InvestSense, August 28, 2022 (PDF)
Should You Use The Roth Retirement Savings Option?
Should You Use The Roth Retirement Savings Option? - Marcia Wagner, Forbes, August 27, 2022 (PDF)
Interaction Between FMLA and Mental Health Conditions
Interaction Between FMLA and Mental Health Conditions - Marcia Wagner, 401(k) Advisor, July/August 2022
No Surprises in Agencies’ Reproposal of Independent Dispute Resolution Regulations on No Surprise Act Billing Arbitration
By Danae Delano, Roberta Watson and Barry Salkin Last November, we published a law alert regarding the first two rounds of regulatory guidance on the No Surprise Billing portion of the Consolidated...
RIA Wildfire Erupted on Twitter After Clarence Thomas Put Same-Sex Marriage on Conservative Hit List with ‘Roe v. Wade’
RIA wildfire erupted on Twitter after Clarence Thomas put same-sex marriage on conservative hit list with 'Roe v. Wade’ - Ari Sonneberg, RIABiz, August 25, 2022 (PDF)
A Guide to the SEC’s Reg BI Bulletins
A Guide to the SEC’s Reg BI Bulletins - Stephen Wilkes and Seth Gaudreau, PLANADVISER, August 25, 2022 (PDF)
Marcia S. Wagner Appointed to The New England Legal Foundation Massachusetts Advisory Council
Boston, MA, August 18, 2022 – The Wagner Law Group, widely recognized as the country’s top ERISA and employee benefits law firm, is delighted to announce that Marcia Wagner, the firm’s founder and...
SEC Provides Further Guidance in its Staff Bulletin: Standards of Conduct for Broker-Dealers and Investment Advisers Conflict of Interest
By Stephen Wilkes and Seth Gaudreau The U.S. Securities and Exchange Commission (“SEC”) recently published a Staff Bulletin (the “Bulletin”) providing further fiduciary standards guidance for...
Court Finds Employee-Paid LTD Policy Was Part of Employer’s ERISA Plan
A federal district court in the Middle District of Tennessee has held, in Insurance Company of America, that a long-term disability (“LTD”) policy offered under an employer’s group health plan was...
Labor Opinions are Fair Game for Litigation After Circuit Ruling
Labor Opinions Are Fair Game for Litigation After Circuit Ruling - Roberta Watson, Bloomberg Law, August 19, 2022 (PDF)
Nine Attorneys from The Wagner Law Group to be Recognized in 2023 Edition of The Best Lawyers in America©
Boston, MA, August 18, 2022 – The Wagner Law Group, widely recognized as the country’s top ERISA and employee benefits law firm, is delighted to announce that nine of its attorneys will be...
McDonald’s Settles Lawsuit Over Deficient COBRA Notices
McDonald’s Settles Lawsuit Over Deficient COBRA Notices - SHRM, August, 17. 2022 (PDF)
Inflation Reduction Act’s Impact on Group Health Plans
On August 16, 2022, President Biden signed into law the Inflation Reduction Act (“IRA”). The new legislation contains several provisions impacting group health plans. Below is a description of...
HHS Again Proposes Nondiscrimination Regulations under Section 1557 of the Affordable Care Act
By Dannae Delano, Roberta Casper Watson and Barry Salkin Section 1557 of the Affordable Care Act (“ACA”) prohibits discrimination on the basis of race, color, national origin, sex, age or disability...
IRS Releases ACA Affordability Rates for 2023
The Internal Revenue Service has issued Revenue Procedure 2022-34 to implement the 2023 index adjustments for certain Affordable Care Act (“ACA”) contribution percentages used to determine...
Cetera Preps Advisors to Reap Benefits of New SEC Marketing Rule
Cetera Preps Advisors to Reap Benefits of New SEC Marketing Rule - Financial Advisor IQ, August 11, 2022 (PDF)
Department of Labor (“DOL”) Proposes to “Update” QPAM Exemption
One of the most frequently used of the prohibited transaction class exemptions is Prohibited Transaction Class Exemption 84-14, which provides an exemption for Qualified Plan Asset Managers (the...
Agencies Issue Guidance on Contraception Coverage Requirements
The Department of Labor, Department of Health and Human Services, and the IRS (the “Agencies” ) have issued Frequently Asked Questions 54 (“FAQs”) regarding the contraception coverage requirements...
SEC Marketing Rule: New Engagement Tools but More Red Tape
SEC Marketing Rule: New Engagement Tools but More Red Tape - Financial Advisor IQ, August 2, 2022 (PDF)
WEBINAR: Fiduciary Compliance in ESOP Transactions: Recent DOL Settlement Agreements and Best Practices for Counsel
Fiduciary Compliance in ESOP Transactions: Recent DOL Settlement Agreements and Best Practices for Counsel - Roberta Casper Watson, Strafford live CLE webnar, August 4, 2022, 1:00 - 2:30 M (EDT) -...
WEBINAR: Overturning Roe v. Wade: Impact on Employee Benefit Plans and Next Steps for Plan Sponsors and Administrators
Overturning Roe v. Wade: Impact on Employee Benefit Plans and Next Steps for Plan Sponsors and Administrators - Roberta Casper Watson, panelist, Strafford webinar, September 7, 2022, 1:00 - 2:30 PM...
Crypto in 401(k) Plans: a Plaintiff Lawyer’s Dream?
Crypto in 401(k) Plans: a Plaintiff Lawyer’s Dream? - Thomas E. Clark, Jr., National Association of Plan Advisors, July 28, 2022 (PDF)
Employer Cannot Terminate Employee’s Vested Retiree Life Insurance Benefits
The U.S. Court of Appeals for the Fourth Circuit, in Bellon v. The PPG Employee Life, has ruled that an employer cannot terminate retiree life insurance coverage of employees for whom it had...
Legislative Landscape — What’s Ahead: 2022 NAPA D.C. Fly-In Forum
Legislative Landscape — What's Ahead - Tom Clark, co-panelist, 2022 National Association of Plan Advisors D.C. Fly-In Forum, Washington, D.C., July 26, 2022 - Click here for details
Wage and Hour Updates for Maine, New York, and New York City
By Katherine Brustowicz, David Gabor, Virginia Peabody I. Maine – Mandatory Vacation Payout Upon Separation from Employment Maine will follow Massachusetts’ lead in implementing mandatory vacation...
Retirement Industry People Moves
Retirement Industry People Moves - PLANSPONSOR, July 22, 2022 (PDF)
4 Cybersecurity Breach Suits Benefits Lawyers Should Watch
4 Cybersecurity Breach Suits Benefits Lawyers Should Watch - Law360, July 22, 2022 (PDF)
Multiemployer Plan Developments: PBGC Final Rule on Special Financial Assistance and Withdrawal Liability Actuarial Assumptions Litigation
By Dannae Delano and Israel Goldowitz On July 8, 2022, the Pension Benefit Guaranty Corporation (“PBGC”) issued its Final Rule (the “Final Rule”) implementing the American Rescue Plan Act of 2021...
“Lawyers Who Care” Podcast – Regina Mandl Interviewed
"Lawyers Who Care" Podcast - Regina Mandl interviewed, July 14, 2022
Marilyn Mosby’s Expert Witness in Criminal Trial Previously Described Her Actions as ‘Quite Dumb’
Marilyn Mosby’s Expert Witness in Criminal Trial Previously Described Her Actions as ‘Quite Dumb’ - Marcia Wagner, The Baltimore Sun, Jluy 18, 2022 (PDF)
Boom, Boom, Boom, Charles Schwab Corp. Just Spent $220 Million to Shuck Three Lawsuits
Boom, Boom, Boom, Charles Schwab Corp. Just Spent $220 Million to Shuck Three Lawsuits - Ari Sonneberg, RIABiz, July 18, 2022 (PDF)
ERISA World Awaits Next EBSA Move on Proposed Restrictions on the Prohibited Transaction Exemptions Process
It has been almost four months since the Employee Benefit Security Administration (EBSA) of the Department of Labor (“DOL”) published its proposed amendments to regulations for the procedures by...
HHS Issues Guidance on HIPAA Protections
In response to the Supreme Court ruling in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, the U.S. Department of Health and Human Services (“HHS”) has issued new HIPAA...
Employer Responses to Overturning of Roe v. Wade
Employer Responses to Overturning of Roe v. Wade - Roberta Casper Watson and Dannae Delano, LexisNexis Practical Guidance, July 11, 2022
Massachusetts and Vanguard Group Reach Interesting Settlement that Gives the $8-trillion Manager a Shot at Avoiding 49 copycat Suits
Massachusetts and Vanguard Group Reach Interesting Settlement that Gives the $8-trillion Manager a Shot at Avoiding 49 copycat Suits - Ari Sonneberg, RIZBiz, July 8, 2022 (PDF)
UBS, Edward Jones And Others Keep Mum About Covering Abortion Travel Costs
UBS, Edward Jones And Others Keep Mum About Covering Abortion Travel Costs - Roberta Watson, ADVISORHUB, July 7, 2022 (PDF)
IRS Announces Decreases in ACA Affordability Threshold and Increases in ACA Employer Shared Responsibility Penalties for 2022 Plan Years
The IRS has recently updated its Questions and Answers on Employer Shared Responsibility Provisions under the Affordable Care Act to reflect 2022 indexing adjustments for the ACA’s affordability...
Mandated Benefits: 2022 Compliance Guide Mid-Year Update
Mandated Benefits: 2022 Compliance Guide Mid-Year Update – Katherine Brustowicz, Dannae Delano, David Gabor, Virginia Peabody, Barry Salkin, Marcia Wagner and Roberta Casper Watson, Wolters Kluwer,...
Asset Managers Affirm They’ll Pay for Travel
Asset Managers Affirm They'll Pay for Travel - Marcia Wagner, Pensions & Investments, July 4, 2022 (PDF)
Cryptocurrency Trading Risks and Risk Mitigation Strategies for ERISA Plan Investors
Cryptocurrency Trading Risks and Risk Mitigation Strategies for ERISA Plan Investors - Marcia S. Wagner, Mark Greenstein and John Sohn, Bloomberg Law Compensation Planning Journal, July 1, 2022 (PDF)
Grayscale Investments is Suing the SEC to Get its ETF Approved but Bitcoin’s Swoon Means ‘Public Sympathy’ May Swing in Favor of the Regulator
Grayscale Investments is Suing the SEC to Get its ETF Approved but Bitcoin's Swoon Means 'Public Sympathy' May Swing in Favor of the Regulator, a Rules Lawyer Says - RIABiz, July 1, 2022 (PDF)
Employers Providing Abortion Benefits Should Address Compliance Questions
Employers Providing Abortion Benefits Should Address Compliance Questions - Roberta Watson, SHRM, June 29, 2022 (PDF)
Employer Responses to Overturning of Roe v. Wade
Many employers are considering how to respond to the recent ruling overturning Roe v. Wade, which has given states the leeway to outlaw abortion. Employers may have employees who are on either side...
ERISA Considerations in Using Brokerage Window Investing
ERISA Considerations in Using Brokerage Window Investing - Marcia Wagner, 401(k) Advisor, May/June 2022
Delay in Final Claims Appeal Determination Excuses Claimant from ERISA’s Exhaustion of Administrative Remedies Requirement
The Second Circuit Court of Appeals, in McQuillin v. Hartford Life & Accident Ins. Co., has ruled that a claimant exhausted his plan’s administrative remedies and was, therefore, entitled to sue...
WEBINAR: Navigating the Interplay Between Leave Laws: A Focus on the FMLA and ADA
Navigating the Interplay Between Leave Laws: A Focus on the FMLA and ADA Successfully navigating the intersection of leave laws, particularly with respect to FMLA and ADA leave, is a daunting...
NYU’s Victory in ERISA Battle Hinged on Expert Witnesses
NYU's Victory in ERISA Battle Hinged on Expert Witnesses - Marcia Wagner, Law360, June 16, 2022 (PDF)
Plan’s Lawsuit Deadline Not Enforceable Unless Communicated in Final Claims Denial
In two recent cases, a judge in the United States District Court for the District of Utah has ruled that, if an ERISA welfare benefit plan sets a time limit on when a claimant may file a civil...
Required Minimum Distribution Modifications Applicable to Defined Benefit Plans as Well
While most of the attention was on how the IRS’s proposed regulation would address tax-qualified defined contribution plans and IRAs, the IRS also took the opportunity to update the existing...
Understanding the IRS’ New Pre-Audit Letter Program
Understanding the IRS’ New Pre-Audit Letter Program - Dannae Delano, PLANSPONSOR, June 13, 2022 (PDF)
Significant New Corrections Opportunities Stem From IRS Program
Significant New Corrections Opportunities Stem From IRS Program - Dannae Delano, PLANADVISER, June 13, 2022 (PDF)
Employer Can Interfere with FMLA Rights Without Denying FMLA Leave
The United States Court of Appeals for the Seventh Circuit, in Ziccarelli vs. Dart, has ruled that an employer need not deny FMLA leave to an employee in order to interfere with his FMLA rights....
Companies Urged to Review Abortion Coverage With Roe in Balance
Companies Urged to Review Abortion Coverage With Roe in Balance - Roberta Watson, Bloomberg, News, June 8, 2022 (PDF)
IRS Announces ‘Pre-Audit’ Retirement Plan Pilot Program
IRS Announces ‘Pre-Audit’ Retirement Plan Pilot Program - Dannae Delano, 401(k) Specialist, June 7, 2022 (PDF)
IRS Announces New Pre-Audit Compliance Pilot Program
Last week, the IRS announced via newsletter a new pre-audit compliance opportunity for employer-sponsored retirement plans selected for audit beginning immediately (the “Pilot Program”). Under the...
Important Pension Issues Likely to Surface: Webinar
Important Pension Issues Likely to Surface - Israel Goldowitz and Stephen Wilkes, panelists, American Bankruptcy Institute webinar, June 13, 2022 - Click here for details
DOL Proposes Tougher Prohibited Transaction Exemption Procedures
DOL Proposes Tougher Prohibited Transaction Exemption Procedures - Stephen Wilkes and Mark Greenstein, Bloomberg Tax, June 6, 2022 (PDF)
The Democratization of Alternative Investments in 401(k) Plans
The Democratization of Alternative Investments in 401(k) Plans - Thomas Clark, Jr., Lord Abbett, June 6, 2022 (PDF)
401(k)s with Bitcoin Should Expect Lawsuits: Lawyers
401(k)s with Bitcoin Should Expect Lawsuits: Lawyers - Mark Greenstein, Ignites, June 2, 2022 (PDF)
Investors Flood into Fidelity’s Bitcoin Fund
“Investors Flood into Fidelity’s Bitcoin Fund” – Mark Greenstein, Ignites, June 2, 2022 (PDF)
Interaction Between FMLA and Mental Health Conditions
The Department of Labor (“DOL”) has released Fact Sheet 280 (“Fact Sheet”) and a series of FAQs with regards to the interplay between the FMLA and mental health conditions. Law. Under the FMLA,...
Accident and the Presumption Against Suicide Under ERISA; Benefits Law Journal
Accident and the Presumption Against Suicide Under ERISA - Barry Salkin, Benefits Law Journal, Summer 2022, Vol. 35, No. 2 (PDF)
The Wagner Law Group Comment Letter to DOL Regarding New Rules for Prohibited Transaction Exemption Application Procedures
The Wagner Law Group Comment Letter to DOL Regarding New Rules for Prohibited Transaction Exemption Application Procedures - May 31, 2022
IRS Provides Guidance on Leave-Based Donation Programs for Ukraine
The IRS has issued Notice 2022-28 (the “Notice”) to explain the tax treatment of employer leave-based donation programs to aid the people of Ukraine. The Notice begins by stating that the “invasion...
Retirement Bill Eyeing ERISA Arbitration Ban Stirs Strong Reaction: PLANSPONSOR
Retirement Bill Eyeing ERISA Arbitration Ban Stirs Strong Reaction - PLANSPONSOR, May 24, 2022 (PDF)
Work Product in ERISA Context
Work Product in ERISA Context – Barry Salkin, Benefits Law Journal, Spring 2022, Vol. 35, No. 1 (PDF)
Fiduciary Laws Pension Trustees Should Know: Speaking Engagement
Fiduciary Laws Pension Trustees Should Know - Marcia Wagner, speaker, National Conference on Public Employee Retirement Systems Annual Conference & Exhibition, May 22, 2022 - More details here -...
4 Takeaways As DOL Mulls Climate Risk For Retirees: Law360
4 Takeaways As DOL Mulls Climate Risk For Retirees – Law360, May 20, 2022 (PDF)
Small Employer Did Not Commit Itself to FMLA Leave Requirements
In Jones v. Wireless Time of Alabama, the U.S. District Court, Southern District of Alabama ruled that an employee was not entitled to FMLA leave despite the fact that her employer referred to the...
Insurer Breached Fiduciary Duty to Maintain Effective Benefit Enrollment System
The Eighth Circuit Court of Appeals, in Skelton v. Radisson Hotel Bloomington, has upheld a district court’s decision that an insurer acted as a fiduciary in determining eligibility and conducting...
Retirement Industry People Moves
Retirement Industry People Moves – John Sohn, PLANSPONSOR, May 6, 2022 (PDF)
Elizabeth Warren Taken to Task by Experts for ‘Misplaced,’ ‘Misinformed’ and Ultimately Toothless Letter to Fidelity’s Abby Johnson, Criticizing Firm’s New Bitcoin-Inclusive 401(k) Menus
Elizabeth Warren Taken to Task by Experts for ‘Misplaced,’ ‘Misinformed’ and Ultimately Toothless Letter to Fidelity’s Abby Johnson, Criticizing Firm’s New Bitcoin-Inclusive 401(k) Menus – Marcia...
Are You Ready for the SEC’s New Marketing Rule?
Are You Ready for the SEC’s New Marketing Rule? – Seth Gaudreau and Steve Wilkes, National Association of Plan Advisors (NAPA), May 6, 2022 (PDF)
White Paper: SEC Marketing Rule
SEC Marketing Rule Insights By Seth Gadreau and Stephen Wilkes With the U.S. Securities and Exchange Commission (“SEC”) November 4, 2022, date for full compliance with its “Marketing Rule” (found...
November SEC Advertising Rule Compliance Date Fast Approaching
November SEC Advertising Rule Compliance Date Fast Approaching – Seth Gaudreau and Steve Wilkes, PLANADVISER, May 5, 2022 (PDF)
Are Brokerage Windows an Effective Way of Limiting Fiduciary Risk After Hughes v. Northwestern?
In Hughes v. Northwestern University, 142 S.Ct. 737 (January 24, 2022), the Supreme Court held that fiduciaries to self-directed defined contribution retirement savings plans are responsible for...
Would A Brokerage Window Limit An ERISA Plan’s Fiduciary Risk?
Would A Brokerage Window Limit An ERISA Plan’s Fiduciary Risk? – Barry Salkin and Mark Greenstein, Financial Advisor Mag, May 4, 2022 (PDF)
IRS Announces 2023 Limits for HSAs, HDHPs and Excepted Benefit HRAs
The IRS has announced the cost-of living adjustments to the applicable dollar limits for health savings accounts (“HSAs”), high deductible health plans (“HDHPs”) and excepted benefit health...
Wagner Law Lures ERISA Expert Back From BNY Mellon
Wagner Law Lures ERISA Expert Back From BNY Mellon – John Sohn, Law360 May 3, 2022 (PDF)
Attorney John Sohn Returns to The Wagner Law Group
Attorney John Sohn Returns to The Wagner Law Group - May 2, 2022 Law News Torday; Finance Industry Today; Massachusetts Business Journal; BenefitsLink
Employers Cautioned as Suits Over COBRA Coverage Notices Add Up
Employers Cautioned as Suits Over COBRA Coverage Notices Add Up – Roberta Watson, Bloomberg News, April 29, 2022 (PDF)
IRS Announces Spike in 2023 Limits for HSAs and High-Deductible Health Plans
IRS Announces Spike in 2023 Limits for HSAs and High-Deductible Health Plans – SHRM, April 29, 2022 (PDF)
White Paper: Proposed Changes to Prohibited Transaction Exemption Procedures
By: Stephen P. Wilkes, Partner; Mark Greenstein, Of Counsel DOL PROPOSES TOUGHER PROHIBITED TRANSACTION EXEMPTION PROCEDURES LAW The Employee Retirement Income Security Act of 1974, as amended...
Employers Act as Fiduciaries When Managing Premium Payments for Benefit Plan
The Sixth Circuit Court of Appeals, in Chelf v. Prudential Insurance Company of America, has determined that a district court erred in dismissing a claim for breach of fiduciary duty based on...
Wagner Law Group Legal Opinion of RightBridge Form 5500 Fee Methodology
Wagner Law Group Legal Opinion of RightBridge Form 5500 Fee Methodology – CaiptalROCK, April 26, 2022
Plain, Ordinary Meaning v. Literal Meaning
Plain, Ordinary Meaning v. Literal Meaning – Barry Salkin, Journal of Deferred Compensation and Benefits: Nonqualified Plans and Deferred Compensation, Vol. 27, n0. 3, Spring 2022 (PDF)
Longstanding IRS Administrative Practice Invalidated
When agencies take controversial regulatory actions, it can be anticipated that those actions will be challenged in federal district courts as soon as they become operative, if not before. In other...
The Fight to Protect Consumers Against Bad Investment Advice is Advancing, But Slowly
The Fight to Protect Consumers Against Bad Investment Advice is Advancing, But Slowly – Marcia Wagner, CNBC, April 16, 2022 (PDF)
IRS Proposes Change in Eligibility Provisions for ACA Premium Tax Credit
The IRS has issued a proposal that would amend the existing Affordable Care Act (“ACA”) regulations regarding eligibility for the law’s premium tax credit (“PTC”) to provide that the affordability...
IRS Issues Proposed Regulations for Required Minimum Distributions Under the SECURE Act
The SECURE Act (the “Act”) made two major changes to the required minimum distribution rules under Internal Revenue Code (“Code”) Section 401(a)(9): it extended the required beginning date for...
IRS Issues Proposed Regulation to Give SECURE Act MEPS “Bad Apple” Relief
On March 28, 2022, the IRS issued a notice of proposed rulemaking to add a new section - 26 CFR section 1.413-3 Special Rules for Section 413(e) Plans - to the Code of Federal Regulations (CFR). 87...
Webinar – Mandates Beyond the Advisers Act: Anti-Money Laundering, ERISA and ’34 Act Section 13 Reporting for Investment Advisers
Click here for details
HHS Increases Civil Monetary Penalties for Certain HIPAA and ACA Violations
The Department of Health and Human Services (“HHS”) has published updated civil penalties. The new penalty amounts, which became effective March 17, 2022, apply to violations occurring on or after...
Grayscale CEO’s Threatened Lawsuit Against the SEC, in Case it Rejects His Firm’s Spot-Bitcoin ETF Application
Grayscale CEO’s Threatened Lawsuit Against the SEC, in Case it Rejects His Firm’s Spot-Bitcoin ETF Application – Ari Sonneberg, RIABiz, April 1, 2022 (PDF)
Rhode Island Employment Law 2022
Rhode Island Employment Law 2022: Key Leave Issues, Common Discrimination Claims, Independent Contractors, and More National Business Institute (NBI) Live Online Seminar May 26, 2022...
Forthcoming Developments and Employee Benefits – RightBRIDGE Summit
Forthcoming Developments and Employee Benefits - Marcia Wagner, RightBRIDGE Summit, sponsored by CapitalROCK, March 24, 2022 - PowerPoint presentation available here
Massachusetts, Pennsylvania and New Jersey Taxpayers Beware
Massachusetts, Pennsylvania and New Jersey Taxpayers Beware: Don’t Let a Mismatch between Your State’s Tax Laws and the Federal Rules for Deducting Contributions Result in Overpaying Your State Tax...
Event – Recent Developments in Estate Planning, Trust and Estate Administration, and Fiduciary Litigation
Recent Developments in Estate Planning, Trust and Estate Administration, and Fiduciary Litigation - Christopher Suh, panelist, Massachusetts Continuing Legal Education (MCLE) 23rd Annual Estate...
Firing After FMLA Leave Did Not Violate FMLA
The Seventh Circuit Court of Appeals, in Anderson v. Nations Lending Corporation, has ruled that an employer’s decision to terminate an employee after returning from FMLA leave did not violate the...
Ninth Circuit Finds Welfare Plan Did Not Abuse Its Discretion In Denying Benefits
The Ninth Circuit Court of Appeals, in Alves v. Hewlett-Packard Comprehensive Benefits Plan, has found that a welfare benefit plan’s claims administrator did not abuse its discretion in denying a...
ERISA Considerations In Using Brokerage Window Investing – LAW360
ERISA Considerations In Using Brokerage Window Investing - Law360, March 10, 2022 (PDF)
President Continues COVID Extensions
Reasoning that “the COVID-19 pandemic continues to cause significant risk to the public health and safety of the Nation,” President Biden has extended the COVID-19 National Emergency, which was...
People on the Move: International Women’s Month
People on the Move: International Women’s Month – Boston Business Journal, March 8, 2022 (PDF)
Alternative Investments in Participant Directed Individual Account Plans: The Treatment of Private Equity Sleeves
Alternative Investments in Participant Directed Individual Account Plans: The Treatment of Private Equity Sleeves - Co-author, Bloomberg Tax Management Compensation Planning Journal, 50 CPJ Issue...
Employer’s Recertification Requirement Doesn’t Interfere with Employee’s FMLA Rights
The U.S. Court of Appeals for the Eighth Circuit, in Whittington v. Tyson Foods, Inc., has concluded that an employer may require recertification of an employee’s need for leave under the Family and...
Mandatory Arbitration Prohibited for Sexual Harassment Claims
On February 7, 2022, the House passed H.R. 4445, three days later the Senate also passed the measure, and President Biden has just signed the bill into law. H.R. 4445, titled Ending Forced...
IRS Releases Revised Guidance on Medical and Dependent Care Expenses
The IRS has released the 2021 editions of Publication 502, “Medical and Dental Expenses” and Publication 503, “Child and Dependent Care Expenses.” Publication 502 (“Pub. 502”). Pub. 502 defines...
Retirement Plans: 2022 Opportunities
Retirement Plans: 2022 Opportunities – Marcia Wagner, 401(k) Advisor, February 2022
409A Checklist for Employment Agreements
It has been over 15 years since Congress enacted Internal Revenue Code §409A, and compliance has become generally routine for traditional deferred compensation and other non-qualified plans. Most...
Employer Must Provide Retroactive Coverage and Pay Penalties for COBRA Election Notice Violations
The U.S. District Court of Michigan, in Buford v. General Motors, L.L.C., has concluded that an employer’s conduct violated COBRA election notice requirements and warranted the imposition of...
COVID-19 Long-Haulers May Have Tough Time Getting Long-Term Disability Benefits
COVID-19 Long-Haulers May Have Tough Time Getting Long-Term Disability Benefits – Marcia Wagner, SHRM, February 11, 2022 (PDF)
Charles Schwab & Co. registers TD Ameritrade brokers to rep Schwab products and to retain clients who chose to convert to ‘Schwab’
Charles Schwab & Co. registers TD Ameritrade brokers to rep Schwab products and to retain clients who chose to convert to ‘Schwab’ – Ari Sonneberg, RIABiz, February 8, 2022 (PDF)
New Lawsuit in 5th Circuit Challenges Revised DOL Fiduciary Rule
New Lawsuit in 5th Circuit Challenges Revised DOL Fiduciary Rule – Stephen Wilkes, WealthManagement.com, February 7, 2022 (PDF)
New York is About to Force a Lot of Insurer Salary Data Into the Open
New York is About to Force a Lot of Insurer Salary Data Into the Open – Katherine Brustowicz, Life Annuity Specialist, February 4, 2022
Supreme Court Ruling Could Curtail High-Cost Retirement Plan Options
Supreme Court Ruling Could Curtail High-Cost Retirement Plan Options – Marcia Wagner, Barrons, February 4, 2022 (PDF)
FMLA-Eligible Employee May Be Terminated for Violating Employer’s Leave Policy
In Koch v. Thames Healthcare Group, the United States Court of Appeals for the Sixth Circuit has ruled that an employee may be terminated for violating her employer’s leave policy despite the fact...
DOL “Clarifies” Guidance on Private Equity Investments In Defined Contribution Plans
It has been a frequently stated observation that the policy position of the Department of Labor (“DOL”) on pension issues may vary a bit with the party occupying the White House. A recently issued...
Caution Clients Against IRA Asset Class Mistakes
Caution Clients Against IRA Asset Class Mistakes – Barry Salkin, PLANADVISER, February, 1, 2022 (PDF)
Hughes v. Northwestern Bottom Line: Harder to Dismiss Cases
Hughes v. Northwestern Bottom Line: Harder to Dismiss Cases – Marcia Wagner, 401(k) Specialist, February 1, 2022 (PDF)
Tax Court Rejects Aggressive IRA Strategy
View Printable PDF In recent years, the IRS has paid increased attention to what it regards as impermissible uses or operation of individual retirement accounts (“IRAs”). The recent Tax Court case...
Supreme Court Ruling Puts 401(k) Fiduciaries on Guard
Supreme Court Ruling Puts 401(k) Fiduciaries on Guard – Marcia Wagner, SHRM, January 28, 2022 (PDF)
Insurer Cannot Terminate LTD Benefits Without Additional Information
The United States Court of Appeals for the Eighth Circuit has determined, in Roehr v. Sun Life Assurance Co. of Canada, that long term disability (“LTD”) benefits cannot be terminated by an insurer...
SEC Expects to Focus on Cybersecurity in 2022
The U.S. Securities and Exchange Commission (“SEC”) has focused on cybersecurity under the Biden administration and it is expected to be one of its top priorities for the coming year. The SEC’s...
The Wagner Law Group Now Has 11 Fellows of the American College of Employee Benefits Counsel – A Nationwide High
We are very proud to share that our firm now includes 10 Fellows of the prestigious American College of Employee Benefits Counsel. Fellows of the American College of Employee Benefits Counsel...
Massachusetts Investigating Sales of Target Date Funds to Retail Investors After Word of Surprise Tax Bills
Massachusetts Investigating Sales of Target Date Funds to Retail Investors After Word of Surprise Tax Bills – Marcia Wagner, Financial Planning, January 26, 2022 (PDF)
Cybersecurity A Major SEC Focus in 2022
Cybersecurity A Major SEC Focus in 2022 - Seth Gadreau and Stephen Wilkes, 401(k) Specialist, January 26, 2022 (PDF)
After Supreme Court Ruling, Are TDFs A Ticking Time Bomb Of Fiduciary Liability?
After Supreme Court Ruling, Are TDFs A Ticking Time Bomb Of Fiduciary Liability? – Marcia Wagner, FiduciaryNews, Januaey 25, 2022 (PDF)
Stephen P. Wilkes Appointed as Chief Legal Officer of The Wagner Law Group
We are delighted to announce that partner, Stephen P. Wilkes, has been designated as our firm’s Chief Legal Officer. Excellent leadership structure is vital as our firm continues to grow, and Steve...
Plans Must Cover Over-the-Counter COVID Tests
The Department of Labor, Department of Health and Human Services, and the IRS (the “Agencies”) have issued Frequently Asked Questions #51 (“FAQs”) regarding implementation of the Families First...
Department of Labor Announces Temporary Enforcement Policy for Group Health Plan Service Provider Disclosures
By Roberta Casper Watson, Dannae Delano and Barry Salkin The Consolidated Appropriations Act, 2021 (“CAA”) amended Section 408(b)(2) of ERISA to require that providers of brokerage services or...
DOL ‘Clarifies’ Guidance on the Bonding Requirements to PEPS and Their Pooled Plan Providers
DOL ‘Clarifies’ Guidance on the Bonding Requirements to PEPS and Their Pooled Plan Providers – Marcia Wagner, 401(k) Advisor, January, 2023
FREE WEBINAR: Top HR & Employment Law Issues for the Coming Year
RECORDING AVAILABLE BY CLICKING HERE Please join David Gabor and Katherine Brustowicz, with introduction by Marcia S. Wagner, on January 26, 2022, for a one-hour presentation addressing...
Entire Keightley & Ashner Team to Join The Wagner Law Group
We are ecstatic to announce that the entire team from Keightley & Ashner, the nation’s premier PBGC-focused law firm, will be joining our Washington, D.C. office, where partner and former PBGC...
Entire Keightley & Ashner Team to Join The Wagner Group
Entire Keightley & Ashner Team to Join The Wagner Group – January 12, 2022 Today in Law; Massachusetts Business Journal; Finance Industry Today; BenefitsLink
HHS Reaffirms That Discrimination on Basis of Sex Under ACA Section 1557 Includes Discrimination Based on Sexual Orientation and Gender Identity
By Roberta Casper Watson, Dannae Delano and Barry Salkin New guidance from the Department of Health and Human Services (“HHS”) affirms that Section 1557 of the Affordable Care Act (the “ACA”), by...
Regina Snow Mandl Named a Massachusetts Trusts and Estates “Go To Lawyer”
Regina Snow Mandl Named a Massachusetts Trusts and Estates “Go To Lawyer” Click here to read press release Click here to read Massachusetts Lawyers Weekly Trusts and Estates "Go to Lawyers"...
Who’s watching the money?
Who’s watching the money? – Marcia Wagner, Chicago Business Journal, January 4, 2022 (PDF)
PCORI Fee Announced
IRS has released Notice 2022-4, which provides the “applicable dollar amount” for the Patient-Centered Outcomes Research Institute (“ PCORI” ) fee for plan years ending before October 1, 2022....
Insurer Need Not Defer to Participant’s Physician or Government Agency Decisions
The Seventh Circuit Court of Appeals has ruled, in Feeney v. Unum Life Insurance, that an insurance company need not defer to either a participant’s treating physician or governmental agencies when...
Prepare for Shot-or-Test Mandate Inspections
Earlier this week a Federal Court panel revived the Covid-19 emergency temporary standard (ETS). Now, litigation challenging the emergency shot-or-test mandate is making its way to the United States...
Agencies Issue Interim Final Regulations on Prescription Drug and Health Care Spending Data Submission by Group Health Plans and Health Insurance Issuers
Section 204 of Title II of Division BB (“Section 204”) the Consolidated Appropriations Act, 2021 (the “Act”) requires group health plans and health insurance issuers offering group health insurance...
The Wagner Law Group Ranked “Tier 1” ERISA And Employee Benefits Law Firm For 2022
Christopher H. Suh Listed Among Boston’s Top Lawyers Of 2021
McKinsey’s $31-Billion RIA for McKinsey Staffers Pays $18 Million Fine
McKinsey's $31-Billion RIA for McKinsey Staffers Pays $18 Million Fine - Ari Sonneberg, RiaBiz, December 22, 2021
Bill Capuzzi Took Apex Near to the Zenith but the SPAC failed to Deliver an IPO Via Blank Check
Bill Capuzzi Took Apex Near to the Zenith but the SPAC failed to Deliver an IPO Via Blank Check - Ari Sonneberg, RIABiz, December 16, 2021
2021 ERISA/EMPLOYEE BENEFITS LEGAL COMPLIANCE CHECKLIST
Tax Qualified Plans Plan document: Required amendments 401(k) and 403(b) plans – Amendments to comply with the IRS final hardship distribution regulations must be adopted by December 31, 2021...
Is PBGC Adding “Early Warning” and “Follow-On” to its Toolbox for Multiemployer Plans?
By Israel Goldowitz Corporate sponsors of defined benefit pension plans may be familiar with the Pension Benefit Guaranty Corporation’s (PBGC) Early Warning program and its Follow-on policy. Under...
Will the Supreme Court Give Plan Sponsors Any Relief From Excessive Fee Lawsuits?
Will the Supreme Court Give Plan Sponsors Any Relief From Excessive Fee Lawsuits? - Ari Sonneberg, PLANSPONSOR, December 13, 2021
EBSA Will Continue to Prioritize Finding Missing Participants
EBSA Will Continue to Prioritize Finding Missing Participants - Marcia Wagner, Pensions & Investments, December 13, 2021
Retirement Plan Post-2021 Opportunities
By Jon Schultze Employers and plan sponsors of retirement plans need to be aware of some responsibilities and opportunities that are available as we head into 2022. Adopting a New Plan – Employers...
Biden Fiduciary Definition Moves Could Wrap In Annuities, IRAs
Biden Fiduciary Definition Moves Could Wrap In Annuities, IRAs - Susan Rees, Bloomberg Law, December 3, 2021
Rollovers In The Crosshairs
Rollovers In The Crosshairs - Kim Shaw Elliott, InusurnaceNews.net, December 1, 2021
CMS Announces Medicare Part A Deductibles and Part B Premiums for 2022
The Centers for Medicare & Medicaid Services (“CMS”) has announced the 2022 premiums, deductibles and coinsurance amounts for the Medicare Part A and Part B programs. Medicare Part A covers...
Agencies Issue Two Rounds of No Surprise Billing Guidance
By Roberta Casper Watson, Dannae Delano and Barry Salkin The No Surprises Act (“Act”), part of the Consolidated Appropriations Act, 2021, enhances the ACA’s consumer protections by prohibiting...
Year End Reminders for Retirement Plans 2021 Edition
As the end of 2021 approaches, employers and plan sponsors of retirement plans need to be aware of their year-end responsibilities and some of the issues they will need to consider going into 2022....
The Fiduciary Rule Rides Again
The Fiduciary Rule Rides Again - Stephen Wilkes, live complimentary webinar for Foreside, November 10, 2021, 1:00 PM (EST) - Recording available here
Multiple Employer Welfare Arrangement in California Allowed to Continue Large Employer Rating for Small Employers Per New California State Legislation
Biocom, an employer association for employers in the biotech life sciences based in San Diego, established a health plan for its member employers in 2012. The Beyond Benefits Life Science...
IRS Releases 2022 Welfare Benefit Plan Limits
The IRS has released Revenue Procedures 2021-25, and 2021-45 which set forth the 2022 inflation-adjusted limits for certain employee welfare benefit plans and the dollar amounts used for certain...
Department of Labor Action Sends a Message to Plan Fiduciaries & Retirement Committees
Department of Labor Action Sends a Message to Plan Fiduciaries & Retirement Committees - 401kTV Discussing November 2, 2021 Law Alert by Jon Schultze, Barry Salkin and Susan Rees, November 16,...
Practice Progress: Development of PEPs in 2021
Practice Progress: Development of PEPs in 2021 - Susan Rees, PLANADVISER, November 15, 2021
Attorney: DOL’s Interpretation of Fiduciary Rule More Expansive Than Ever
Attorney: DOL's Interpretation of Fiduciary Rule More Expansive Than Ever - Stephen Wilkes, WealthManagement.com, November 10, 2021 (PDF)
Insurer Not Bound By Employer’s Errors
The Fifth Circuit Court of Appeals has ruled, in Talasek v. National Oilwell Varco, L.P., that an insurer was not required to pay a supplemental life insurance claim merely because of...
Retirement Plans in Bankruptcy
Retirement Plans in Bankruptcy - Thomas Clark, Jr., Israel Goldowitz and Jordan Mamorsky, Thomson Reuters Practical Law, November 5, 2021
Retirement Industry People Moves
Retirement Industry People Moves - Zach Meth, PLANSPONSOR, November 5, 2021 (PDF)
Service Provider Collaboration and the DOL’s Cybersecurity Guidance
Service Provider Collaboration and the DOL’s Cybersecurity Guidance - Jon Schultze, Susan Rees and Barry Salkin, November 5, 2021 (PDF)
Employer May Terminate Employee Because It Corrected FMLA Irregularities
The U.S. Court of Appeals for the Third Circuit has ruled, in Watson v. Drexel University, that an employer may terminate an employee for taking unauthorized leave because it had previously...
IRS Announces Cost-of-Living Adjustments Affecting Retirement Plans for 2022
The Internal Revenue Service announced cost-of-living adjustments affecting certain dollar limitations for pension plans and other retirement-related limitations for 2022 in Notice 2021-61. The...
Getting Retirement Plan Help From the IRS
Getting Retirement Plan Help From the IRS - Ari Sonneberg, PLANSPONSOR, November 3, 2021
Misuse of Participant Confidential Data
As we explained in our recent Law Alert, the Department of Labor (“DOL”) has become highly focused on the cybersecurity practices of plan sponsors and their service providers and has begun asking...
Mini Law School for Massachusetts HR Professionals
Mini Law School for Massachusetts HR Professionals- - David Gabor and Katherine Brustowicz, panelists, National Business Institute live, online, HR-credit and CPE-credit seminar, November 1, 2021,...
DOL Investigations of Employee Benefit Plans: Responding to Enforcement Actions, Audits, and Settlements
DOL Investigations of Employee Benefit Plans: Responding to Enforcement Actions, Audits, and Settlements - Strafford live CLE webinar, November 10, 2021, 1:00 - 2:30 PM (EST) - Click here for...
Employer-Sponsored Health Plan Federal Regulation: ACA, COBRA, ADA, GINA, CAA, MHPAEA, Reporting Requirements
Employer-Sponsored Health Plan Federal Regulation: ACA, COBRA, ADA, GINA, CAA, MHPAEA, Reporting Requirements - Roberta Casper Watson and Dannae Delano, panelists, Strafford, live CLE webinar,...
How to Legally Handle Bad Egg Employees
How to Legally Handle Bad Egg Employees - Katherine Brustowicz, panelist, National Business Institute live, online, HR-credit seminar, December 22, 2021, 11:00 AM - 6:00 PM (EST) - Register here
DOL Investigations of Employee Benefit Plans: Responding to Enforcement Actions, Audits, and Settlements
DOL Investigations of Employee Benefit Plans: Responding to Enforcement Actions, Audits, and Settlements November 11, 2021
Department of Labor Provides Temporary and Limited Relief to Investment Advice Fiduciaries
On October 25, the DOL issued a temporary enforcement policy related to Prohibited Transaction Exemption (“PTE”) 2020-02, an exemption for investment advice fiduciaries with respect to employee...
RIAs May Face Ticking Time Bomb After SEC Slams a $1.9-billion RIA for Neglecting ‘Orphan’ Accounts While Charging Fees, a Problem that may be Industrywide
RIAs May Face Ticking Time Bomb After SEC Slams a $1.9-billion RIA for Neglecting 'Orphan' Accounts While Charging Fees, a Problem that may be Industrywide - Ari Sonneberg, RIABiz, October 27, 2021
UPDATE: Does Your Plan use a LIMITED SCOPE AUDIT for Form 5500 Financial Reporting?
UPDATED October 27, 2021 - Originally published August 13, 2019. There has been a significant new development for employee benefit plan administrators of large plans who opt for a "limited scope...
Further Thoughts on the DOL’s Informal Guidance on Cybersecurity
As described in our May 3, 2021 Alert, the Department of Labor’s (“DOL’s") informal guidance left many unanswered questions on cyber breaches involving the theft of assets in a participant’s...
DOL Drops ‘Bomb’ On Advisors Who Give Advice To IRA Owners
DOL Drops ‘Bomb’ On Advisors Who Give Advice To IRA Owners - Km Shaw Elliott, InsuranceNewsNet, October 22, 2021
EEOC Issues COVID FAQs
The EEOC has issued Frequently Asked Questions (“FAQs”) on the enforcement of various Equal Employment Opportunity (“EEO”) laws with regard to COVID. These laws include the Americans with...
Department of Labor Issues Proposed Changes to Investment Duties Rule Under ERISA
The much-anticipated revised Investment Duties regulation drops ERISA fiduciaries into 21st century investment decision making, freeing fiduciaries to consider all relevant facts and circumstances...
Merging Global and Local U.S. HR Functions and Outsourcing Initiatives
Merging Global and Local U.S. HR Functions and Outsourcing Initiatives - David Gabor, Lorman HR-credit webinar, October 13, 2021, 1:00 - 2:00 PM (EDT) - Click here for details
So, You Are a Wealth Manager and You Think ERISA Does Not Impact Your Rollover Advice to IRA Owners? Think Again. Now.
New interpretations voiced in the Department of Labor’s (“DOL”) Prohibited Transaction Exemption 2020-02 (the “Investment Advice PTE”) could be a bomb that hits squarely on unwary wealth managers...
Congress Considers Mandatory Auto-Enrollment IRAs
All eyes are on Congress as it wrestles with a $1 trillion infrastructure bill and a $3.5 trillion budget reconciliation bill. The House Ways and Means Committee markup of the reconciliation bill...
HIPAA Privacy and COVID-19 Vaccinations
The Department of Health and Human Services (“HHS”), in a series of Qs & As, has stated that the HIPAA Privacy Rules do not prohibit covered entities and business associates from asking whether...
Retirement Industry People Moves
Retirement Industry People Moves - PLANSPONSOR, October 1, 2021
Pooled Employer Plans
What Employers Need to Know About Biden’s COVID-19 Action Plan and Vaccine Mandate
President Biden recently issued a six-pronged action plan that requires vaccines for employees of federal contractors and employers with 100 or more employees, and an executive order requiring all...
Court Finds “No Harm No Foul” Where Employee Fails to Show She Suffered Harm from FMLA Violation
The U.S. District Court of Montana, in Jergens v. Marias Medical Center, has dismissed an employee’s claim for FMLA violations by her former employer because the employee failed to show that she...
Asset Manager Mergers Can Warrant Fresh Looks From Plan Sponsors
Asset Manager Mergers Can Warrant Fresh Looks From Plan Sponsors - Stephen Wilkes, Bloomberg Law, September 22, 2021
The DOL’s New Cybersecurity Audits and Informal Guidance
Recently, the Department of Labor (“DOL”) has become highly focused on the cybersecurity practices of plan sponsors and their service providers. Perhaps in response to the growing number of ERISA...
Do You Have Questions About How To Comply With The New DOL Fiduciary “Investment Advice” Prohibited Transaction Exemption? Part 2
Recordkeeper Consolidation: Plan Sponsor 30-Minute Special Briefing
Recordkeeper Consolidation: Plan Sponsor 30-MinuteSpecial Briefing - Stephen Wilkes, Institutional Investment Consulting free webcast, September 14, 2021 - Click Here for details and registration
IRS Guidance for Plan Sponsors on ARPA’s Effect on Funding for Plan Years 2020 and 2019
As we advised in Important Benefit Plan Provisions of the American Rescue Plan Act of 2021, in the American Rescue Plan Act of 2021 (ARPA), Congress provided funding relief for single-employer...
Court Decision Highlights Importance of Complying with ERISA’s “Other Instruments Rule” for Document Disclosures
The U.S. District Court of Utah has confirmed, in M.S. v. Premera Blue Cross, that a plan administrator for a self-insured group health plan violated ERISA’s disclosure requirements in its response...
Look Beyond the Label when Exploring ESG Investment Options
Look Beyond the Label when Exploring ESG Investment Options - Thomas Clark, Jr., Lord Abbot, September 9, 2021
IRS Releases ACA Affordability Rates for 2022
The Internal Revenue Service has issued Revenue Procedure 2021-36 to implement the 2022 index adjustments for certain Affordable Care Act (“ACA”) contribution percentages used to determine...
Creating Effective Diversity, Equity, and Inclusion Initiatives
Creating Effective Diversity, Equity, and Inclusion Initiatives - David Gabor and Katherine Brustowicz, Clear Law Institute CLE and HR-credit webinar, September 8, 2021, 1:00 - 2:15 PM (EDT) - Click...
AD&D Plan Not Subject to State Health Insurance Law
The U.S. Court of Appeals for the Eighth Circuit has ruled, in Williams v. Unum Life, that a state law regulating health insurance policies does not apply to an accidental death and dismemberment...
Do You Have Questions About How To Comply With The New DOL Fiduciary “Investment Advice” Prohibited Transaction Exemption? Part 1
IRS Updates Guidance Regarding Correction of Tax-Qualified Plan Errors under the Employee Plans Compliance Resolution System (EPCRS)
Mistakes happen, even with respect to tax-qualified plans and 403(b) plans that have implemented internal controls designed to reduce, if not eliminate, the likelihood of plan failures. Under the...
Mental Health Parity is Finally Being Enforced
On August 12, 2021, the U.S. Department of Labor (“DOL”) issued a press release regarding a groundbreaking settlement reached with United Healthcare Insurance Co., United Behavioral Health and...
Employer’s Leave Policies Required It to Provide Paid Military Leave
The Third Circuit Court of Appeals has ruled, in Travers v. Federal Express, that the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) requires employers to provide paid leave to...
FSA Debit Card Substantiation Rules
The IRS has released Information Letter 2021-0013 to reconfirm the substantiation rules for debit card use in health care flexible spending account plans (“FSAs”). Law. Health care FSAs may issue...
What Do Advisors Absolutely Need to Know About ERISA-Related Issues?
What Do Advisors Absolutely Need to Know About ERISA-Related Issues? Marcia Wagner Explains - 401(k) Specialist, August 9, 2021
Prepare Clients for a Litigious 401(k) Environment
Prepare Clients for a Litigious 401(k) Environment - Jordan Mamorsky, AccountingWeb, August 4, 2021
IRS Sheds Some Clarity on COBRA Premium Assistance
The American Rescue Plan Act of 2021 (ARPA) provides for a six-month period between April 1, 2021 and September 30, 2021, during which certain participants eligible for COBRA continuation coverage...
Some Additional Standing Issues Under ERISA
SEC Extracts $96M Settlement from TIAA Subsidiary for Rollover Practices – This is Only the Beginning
The Securities and Exchange Commission (“SEC”) beat the Department of Labor (“DOL”) to the punch and announced a major settlement with a broker dealer arising from its rollover practices. In what is...
Court Settles Dispute When Employer Switches LTD Insurer
The Fifth Circuit Court of Appeals has determined, in Talamantes v Metropolitan Life Insurance Company, that a long-term disability (“LTD”) insurer was responsible for benefit payments even though a...
Agencies Issue Regulations Restricting Surprise Billing
The Biden administration, through HHS, DOL, IRS and the Office of Personnel Management (collectively, the “Agencies”), issued an interim final rule that aims to restrict excessive out-of-pocket...
Court Rejects Health TPA’s Cross-Plan Offsetting Practice
The U.S. District Court for the District of New Jersey, in Lutz Surgical Partners PLLC v. Aetna, Inc., has ruled that a group health plan administrator (“TPA”) cannot offset overpayments made to a...
Best Practices for Promoting a Positive Work Environment for Multigenerational Workforces
Recording available here
DOL Says Claimant May Request Phone Call Recordings Relevant to Benefits Claim
The DOL has stated in a June 14, 2021 Information Letter, that under ERISA claims procedures, a participant must be given audio recordings of telephone conversations that are relevant to his claim...
Court Says No Specific Wording Required in Plan Document to Give Plan Discretionary Claims Authority
The Second Circuit Court of Appeals, in Tyll vs. Black and Decker Life Insurance Program, has ruled that a plan document is not required to use any specific language in order to give the plan...
IRS Announces 2022 HSA and HRA Limits
The IRS has announced the 2022 calendar year dollar limits for health savings account (“HSA”) contributions, the minimum deductible amounts and maximum out-of-pocket expenses for high deductible...

