Brian Tiemann
Subscribe to Brian Tiemann's PostsBrian J. Tiemann counsels public and private companies on a broad range of employee benefit matters, including matters related to pension plans, 401(k) plans and executive and incentive compensation. He advises plan fiduciaries with respect to their fiduciary duties, investment policies and alternative investments. He also advises multinational clients on global employee benefits matters, particularly with respect to global incentive compensation plans. Brian has extensive experience negotiating investment management agreements and service provider agreements. Read Brian Tiemann's full bio.
DOL Releases Final Regulations to Expand ERISA ‘Fiduciary’ Definition
By McDermott Will & Emery, Brian Tiemann and Joseph K. Urwitz on May 10, 2016
Posted In Labor, Retirement Plans
After more than five years of development and revision, the US Department of Labor (DOL) released final regulations to redefine a “fiduciary” under the Employee Retirement Income Security Act of 1974, as amended (ERISA) and the Internal Revenue Code of 1986, as amended (the Code). Read the full article.
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EEOC Files Lawsuits Against Employers for Sex Discrimination Under Title VII
By Brian Tiemann and Todd Solomon on Apr 12, 2016
Posted In Employment, Health and Welfare Plans, Retirement Plans
For the first time, the U.S. Equal Employment Opportunity Commission (EEOC) is suing private employers on behalf of employees alleging sexual orientation discrimination. On March 1, 2016, the EEOC issued a press release announcing it has filed its first two sexual orientation lawsuits alleging violations of Title VII of the Civil Rights Act of 1964...
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IRS Guidance on Employee Benefits Implications of Supreme Court Obergefell Decision on Same-Sex Marriage
By Brian Tiemann, Jacob Mattinson and Todd Solomon on Feb 2, 2016
Posted In Employment, Health and Welfare Plans
The Internal Revenue Service (IRS) recently issued Notice 2015-86, which provides some additional clarification, in the form of questions and answers, on the treatment of same-sex spouses under tax-qualified retirement plans and health and welfare plans, including cafeteria plans, as a result of the June 26, 2015, decision from the Supreme Court of the United...
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Will You Marry Me? The Future of Benefits for Same-Sex Spouses and Partners
By Brian Tiemann on Nov 24, 2015
Posted In Benefit Controversies, Health and Welfare Plans, Retirement Plans
The United States Supreme Court’s recent landmark rulings on same-sex marriage have significantly changed employers’ options and obligations with respect to benefit coverage for employees’ same-sex spouses and partners. Until recently, some employers voluntarily extended benefits to same-sex partners in recognition of the fact that same-sex couples had limited ability to marry. However, now that...
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DOL Clarifies Fiduciary Duties for Defined Contribution Plan Sponsors Offering Annuity Contracts
By Brian Tiemann and Joseph K. Urwitz on Sep 1, 2015
Posted In Benefit Controversies, Employee Benefits, Fiduciary and Investment Issues, Retirement Plans
The availability of annuity options under defined contribution plans has increased in recent years due to the shift from defined benefit to defined contribution plans. The U.S. Department of Labor recently issued new guidance that clarifies the legal responsibilities for fiduciaries who select an annuity provider for a defined contribution plan. Read the full article.
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View From McDermott: DOL Re-Proposes Regulations to Expand ERISA ‘Fiduciary’ Definition
By Brian Tiemann and Joseph K. Urwitz on Jul 7, 2015
Posted In Retirement Plans
The U.S. Department of Labor (DOL) issued proposed regulations on April 14, 2015 that would expand the types of investment advice covered by fiduciary protections under the Employee Retirement Income Security Act of 1974, as amended (ERISA) and the Internal Revenue Code of 1986, as amended (the Code). The proposed regulations would require advisers to...
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Employee Benefits Implications of Supreme Court Decision on Same-Sex Marriage
By Brian Tiemann, Jacob Mattinson and Todd Solomon on Jul 1, 2015
Posted In Health and Welfare Plans
On June 26, 2015, in Obergefell v. Hodges, the Supreme Court of the United States determined that it is unconstitutional for a state to ban same-sex couples from exercising the fundamental right to marry. As a result of this decision, all states are now required to permit same-sex couples to marry and to recognize same-sex...
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DOL Final Rule Prohibiting Discrimination against LGBT Individuals in Government Contracting Effective April 2015
By Brian Tiemann, Jacob Mattinson and Todd Solomon on May 12, 2015
Posted In Employment
“Final rule from the Department of Labor, effective as of April 2015, provides that federal contractors may not discriminate on the basis of sexual orientation and gender identity. The U.S. Equal Employment Opportunity Commission (EEOC) similarly takes the position that employers may not discriminate on the basis of sexual orientation or transgender status.” Read the...
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SEC No-Action Letter Permits Non-ERISA Retirement Plans to Issue Participant Fee Disclosures Without Violating Securities Laws
By McDermott Will & Emery, Brian Tiemann and Todd Solomon on Mar 26, 2015
Posted In Retirement Plans
The U.S. Securities and Exchange Commission (SEC) issued a no-action letter on February 18, 2015, that extends relief from SEC Rule 482 to sponsors of certain retirement plans exempt from ERISA. The relief permits sponsors of non-ERISA plans to follow final U.S. Department of Labor regulations for participant-level fee disclosures, provided the sponsor complies with...
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DOL Extends FMLA Spousal Leave Rights to Same-Sex Spouses in All States
By Brian Tiemann, Jacob Mattinson and Todd Solomon on Mar 19, 2015
Posted In Employment
On February 23, 2015, the U.S. Department of Labor (DOL) Wage and Hour Division published its final rule regarding the definition of “spouse” under the Family and Medical Leave Act (FMLA). Specifically, the rule recognizes all lawful same-sex spouses for purposes of FMLA leave, regardless of the couple’s state of residence. This final rule takes...
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