McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsAutomatic Enrollment for Health Plans Has Been Repealed
By McDermott Will & Emery on Nov 3, 2015
Posted In Health and Welfare Plans
Budget legislation signed into law by President Barack Obama on November 2, 2015, the Bipartisan Budget Act of 2015, repeals the controversial automatic enrollment provision under the Affordable Care Act (ACA). Section 18A of the Fair Labor Standards Act (FLSA), added by the ACA, directed employers with more than 200 full time employees to automatically enroll...
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IRS Adjusted ACA Fee Amounts for the 2015/2016 Policy or Plan Years and Additional Payment Options
By McDermott Will & Emery on Oct 27, 2015
Posted In Employee Benefits, Employment, Health and Welfare Plans
The Patient-Centered Outcomes Research Institute (PCORI) fee was established under the Affordable Care Act (ACA) to advance comparative clinical effectiveness research. The PCORI fee is assessed on issuers of health insurance policies and sponsors of self-insured health plans. The fees are calculated using the average number of lives covered under the policy or plan, and...
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Navigating Legal Issues in Connection with Employer Sponsored On-Site Health Clinics
By McDermott Will & Emery on Oct 13, 2015
Posted In Employment, Health and Welfare Plans
On-site clinics can be a valuable addition to an employer’s overall health care strategy with respect to promoting prevention, improving quality outcomes and reducing the employer’s overall trend in health care spending. However, given the myriad laws that apply to such clinics, an employer is well-advised to develop a comprehensive legal compliance strategy in designing...
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Vote Today! McDermott’s Employee Benefits Blog Nominated for Best Legal Blog
By McDermott Will & Emery on Oct 9, 2015
Posted In Employment, Labor
Recognized for outstanding contributions in the category of Labor and Employment, McDermott’s Employee Benefits Blog has been selected from more than 2,000 nominees to be one of only 250 blogs chosen to compete in The Expert Institute’s Best Legal Blog Contest. The blog’s editors, Diane Morgenthaler and Maureen O’Brien, welcome your support in voting. The voting...
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Further Guidance on the ACA’s Cadillac Tax
By McDermott Will & Emery on Oct 6, 2015
Posted In Benefit Controversies, Employee Benefits, Employment, Health and Welfare Plans
Effective for tax years beginning on or after January 1, 2018, an excise tax of 40 percent will be imposed on the cost of employer-sponsored health coverage that exceeds an annual limit. This tax is informally known as the “Cadillac Tax” and will impose a penalty on employers, health insurers and “persons who administer plan...
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Seventh Circuit Continues to Apply Federal Successor Liability Doctrine to Multiemployer Pension Plan Withdrawal Liability
By Alan D. Nesburg, PC and McDermott Will & Emery on Oct 2, 2015
Posted In Employee Benefits, Employment, Health and Welfare Plans, Retirement Plans
The U.S. Court of Appeals for the Seventh Circuit recently addressed the notice requirement of the federal successor liability doctrine where withdrawal from a multiemployer pension plan occurred after a sale of assets. Read the full article.
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View From McDermott: Judicial Dos and Don’ts of ERISA Benefit Claim
By McDermott Will & Emery on Sep 16, 2015
Posted In Benefit Controversies, Retirement Plans
Much has been written about the challenges that exist for the Employee Retirement Income Security Act of 1974 (ERISA) plan fiduciaries related to their investment of plan assets or review of plan administration fees related to those investments, and those challenges will continue for the foreseeable future given recent decisions of the Supreme Court in...
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EEOC Proposed Rules Provide Long-Awaited Guidance for Wellness Programs
By McDermott Will & Emery on Sep 15, 2015
Posted In Employment, Health and Welfare Plans
Susan M. Nash wrote this bylined article about the Equal Employment Opportunity Commission’s (EEOC) long-awaited guidance on when it will enforce the Americans with Disabilities Act (ADA) against employers who sponsor certain types of employee wellness programs. “Although still in proposed form, the proposed rule provides insight into EEOC’s approach toward regulating employer wellness programs,”...
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Cracking the Code: Taxing Developments in Benefit Compliance
By McDermott Will & Emery on Aug 21, 2015
Posted In Employment, Fiduciary and Investment Issues, Retirement Plans
Generally, any type of organization can offer a defined benefit pension plan under Section 4019a) in the Internal Revenue Code of 1986, as amended (the “Code) or a Code Section 401(k) Plan. However, only employers described in Code Section 501(a) and educational organizations described in Code Section 170(b)(A)(iii) are permitted to sponsor Code Section 403(b)...
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Affordable Care Act Reporting Penalties Significantly Increased
By McDermott Will & Emery on Aug 6, 2015
Posted In Employment, Health and Welfare Plans
On June 29, 2015, President Barack Obama signed the Trade Preferences Extension Act (the Act) into law. In addition to containing several revenue offsets, the Act significantly increased penalties for incorrect information returns, including those required by the Affordable Care Act (ACA). The Internal Revenue Service (IRS) may impose penalties for both failing to file...
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