McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsTransition Relief on Certain Information Reporting and Employer Shared Responsibility Provisions
By McDermott Will & Emery on Jul 17, 2013
Posted In Health and Welfare Plans
by Amy M. Gordon, Joanna C. Kerpen, Megan Mardy and Jamie A. Weyeneth The Internal Revenue Service has provided transition relief for 2014 from the information reporting requirements under Internal Revenue Code Sections 6055 and 6056, and from the employer pay-or-play penalties under Code Section 4980H. To read the full article, click here.
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Multiple Class Action Complaints Challenge Church Plan Status of Hospital Pension Plans
By McDermott Will & Emery on Jul 11, 2013
Posted In Retirement Plans
by Wilber H. Boies, PC, Ralph E. DeJong, Michael T. Graham, David E. Rogers, Nancy G. Ross, Mary K. Samsa, Kerrin B. Slattery, Todd A. Solomon and Joseph K. Urwitz Recent complaints challenging the “church plan” status of certain pension plans maintained by church-sponsored hospital systems may signal the beginning of a new wave of lawsuits...
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Announcements at Town Hall Meetings Can Create Enforceable Individual Contractual Entitlements
By McDermott Will & Emery on Jul 2, 2013
Posted In Employment
by Katie Clark and Paul McGrath In Dresdner Kleinwort and Commerzbank v Attrill & others, the Court of Appeal of England and Wales has upheld a High Court decision that 104 former employees were contractually entitled to bonuses totaling more than £50 million. Significantly for employers, the entitlement arose out of an announcement made by...
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Supreme Court Ruling on DOMA Could Lead to Refunds of Federal Taxes
By McDermott Will & Emery on Jun 20, 2013
Posted In Employment
by Todd A. Solomon, Ruth Wimer and Brian J. Tiemann Employers providing benefits for employees’ same-sex spouses may want to consider the availability of federal payroll tax refunds if the Supreme Court of the United States finds Section 3 of the Defense of Marriage Act (DOMA) unconstitutional. Employers currently must impute income to an employee...
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Webcast – DOMA and Proposition 8: Immediate Implications for Employee Benefit Plan Sponsors
By McDermott Will & Emery on Jun 19, 2013
Posted In Employee Benefits, Employment
July 2, 2013 11:00 am – 12:00 pm EDT To register, click here. As a result of the federal Defense of Marriage Act (DOMA), same-sex relationships have not been recognized for any purpose under any federal law, including the Employee Retirement Income Security Act, the Internal Revenue Code and COBRA. Historically, this has created significant implications for...
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Final ACA Wellness Rules Issued
By McDermott Will & Emery on Jun 6, 2013
Posted In Health and Welfare Plans
by Amy Gordon and Jamie Weyeneth On May 29, the U.S. Departments of the Treasury, Labor (DOL) and Health and Human Services issued final regulations amending the 2006 HIPAA nondiscrimination wellness regulations to implement the employer wellness program provisions of the Affordable Care Act. In their article “Final ACA Wellness Rules Issued,” published by Employee...
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Update on The Proposed European Cap on Bank Bonuses
By McDermott Will & Emery on May 29, 2013
Posted In Employment
by Katie Clark and James Noble Following recent discussions on this topic, lawmakers in the European Parliament have now adopted legislation intended to cap the value of bonuses paid to certain bank staff. Background The measure forms part of the Capital Requirements Directive IV package of reforms implementing the Basel III regulatory framework, which aims...
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Notice of Coverage Options Available Through the Exchanges
By McDermott Will & Emery on May 23, 2013
Posted In Health and Welfare Plans
by Amy M. Gordon On May 8, 2013, the U.S. Department of Labor (DOL) published Technical Release No. 2013-02, which provides temporary guidance addressing the Patient Protection and Affordable Care Act’s (ACA) required notice to employees regarding their coverage options under state and federally facilitated health insurance exchanges (Exchanges). As part of the ACA, an...
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Favorable Temporary ACA Exemption for Expatriate Health Plans
By McDermott Will & Emery on May 21, 2013
Posted In Health and Welfare Plans
by Amy M. Gordon, Megan Mardy and Todd A. Solomon Recently issued guidance addresses the unique compliance issues surrounding expatriate health plans under the Patient Protection and Affordable Care Act of 2010, as amended by the Health Care and Education Reconciliation Act of 2010 (ACA). To read the full article, click here.
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Employers Should Review How Plan Documents Define Spouse in Light of Recent Benefits Litigation
By McDermott Will & Emery on May 14, 2013
Posted In Health and Welfare Plans, Retirement Plans
by Lisa K. Loesel, Todd A. Solomon, Jacob Mattinson and Brian J. Tiemann Two recent cases challenging benefit eligibility for same-sex spouses highlight the need for employer-sponsored retirement and welfare plans to clearly define "spouse" for eligibility purposes. Employers may want to review their plan documents to determine whether plan amendments are needed to clarify...
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