Diane Morgenthaler
Subscribe to Diane Morgenthaler's PostsDiane M. Morgenthaler focuses her practice on employee benefits and executive compensation. She represents clients in matters before the US Internal Revenue Service, the Department of Labor and the Pension Benefit Guaranty Corporation. Diane serves as employee benefit counsel to Fortune 500 corporations and other global corporations, and represents both public and private clients. She regularly designs and implements a variety of employee benefit plans and programs. Diane has extensive experience in employee benefit issues involved in acquisitions, reorganizations and divestitures and in the design of employee benefits plans following such transactions. She also advises clients in matters involving multi-employer withdrawal liability, fiduciary liability and benefit claims.
Making Sure It Hurts: 2021 Increased Penalties for ERISA Violations
By Diane Morgenthaler and McDermott Will & Emery on Feb 24, 2021
Posted In Employee Benefits, Health and Welfare Plans, Labor, Retirement Plans
The Department of Labor (DOL) made inflation adjustments to a wide range of penalties for Employee Retirement Income Security Act (ERISA) violations by employee benefit plans and plan sponsors. The new penalty amounts that apply in 2021 are included herein. Access the article.
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Securing Retirement: Additional SECURE Act and Miners Act Guidance for Retirement Plans
By Jeffrey Holdvogt and Diane Morgenthaler on Dec 9, 2020
Posted In Employee Benefits, Employee Stock Ownership Plans (ESOPs), Employment, Executive Compensation, Retirement Plans
The Internal Revenue Service (IRS) recently issued practical and helpful guidance in a question-and-answer format for tax-qualified retirement plans and for an Individual Retirement Arrangement (IRA), regarding the legislative changes under the Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act”) and the Bipartisan American Miners Act of 2019 (the “Miners...
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More Caring: New CARES Act Guidance for Retirement and Nonqualified Plans
By Diane Morgenthaler and Sarah L. Engle on Jul 15, 2020
Posted In Employee Benefits, Employee Stock Ownership Plans (ESOPs), Executive Compensation, Retirement Plans
New Internal Revenue Service (IRS) guidance expands the availability of Coronavirus Aid, Relief and Economic Security Act (CARES Act) distributions and loans under eligible retirement plans, and it provides important clarifications regarding how to administer and report CARES Act distributions and loans. The guidance also provides welcome relief for a participant who receives a CARES...
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COVID-19 Ate My Homework – Recent Extensions and Relief for Retirement Plans
By Allison Wilkerson, Diane Morgenthaler and Erin Steele on May 18, 2020
Posted In Benefit Controversies, Employee Benefits, Employment, Fiduciary and Investment Issues, Retirement Plans
In recognition of the difficulties faced by retirement plan sponsors, participants and beneficiaries due to the COVID-19 pandemic, new guidance extends the deadlines for notices and disclosures required by Title I of ERISA and extends deadlines for retirement plan participants and beneficiaries to submit benefit claims and benefit appeals. The new guidance also provides some...
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COVID-19 — Tax Planning Opportunity for Defined Benefit Participants?
By Diane Morgenthaler and Todd Solomon on Apr 14, 2020
Posted In Employee Benefits, Retirement Plans
Much has been written about the new CARES Act distribution that allows impacted COVID-19 participants to access up to $100,000 in their tax-qualified defined contribution plan penalty-free and with income taxes spread over three years. However, the CARES Act legislation applies to all “eligible retirement plans” as defined in Code Section 402. So technically the...
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Up, Up and Away: 2020 Increased Penalties for Employee Benefit Plans
By Alan D. Nesburg, PC and Diane Morgenthaler on Feb 13, 2020
Posted In Employee Benefits, Health and Welfare Plans, Retirement Plans
For 2020, legislation enacted in December of 2019 dramatically increases penalties imposed by the Internal Revenue Code (the Code) for late filing of certain employee benefit plan notices and reports. In addition, a final rule published by the Department of Labor (DOL) makes inflation adjustments to a wide range of penalties. Learn the penalty amounts...
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Frozen 2: IRS Expands Nondiscrimination Relief for Frozen Defined Benefit Pension Plans
By Alan D. Nesburg, PC and Diane Morgenthaler on Dec 10, 2019
Posted In Employee Benefits, Retirement Plans
The Internal Revenue Service (IRS) expanded the temporary relief for frozen defined benefit plans to include nondiscrimination requirements relating to benefits, rights and features, available for plan years beginning before 2021. The expanded relief enables frozen pension plans to satisfy the nondiscrimination requirements that apply to benefits, rights or features. Access the full article.
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Still Tax, Even Without the Distributed Cash
By Diane Morgenthaler, Stephen Pavlick and McDermott Will & Emery on Oct 22, 2019
Posted In Employee Benefits, Retirement Plans
The IRS recently issued guidance on the tax treatment, withholding and reporting for required distributions from tax-qualified retirement plans. Plan sponsors should contact their retirement vendors and trustees to ensure that they implement the tax requirements of the new guidance appropriately for their tax-qualified retirement plans. Access the full article.
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Family Ties: Connecticut Passes Paid Family and Medical Leave
By Diane Morgenthaler, Evan A. Belosa and P. Kevin Connelly on Jun 27, 2019
Posted In Employee Benefits, Employment, Health and Welfare Plans, Labor
Connecticut enacted a paid family and medical leave law, which provides paid leave to eligible employees and expand allowable reasons for such leave. This Connecticut statute closely tracks Massachusetts’s parallel statute and appears to be among the most generous paid family leave laws in the country. All private sector employers (and their employees who work...
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Hot Off the Presses: Latest 401(k) Trends & Developments
By Diane Morgenthaler and Jeffrey Holdvogt on Jun 13, 2019
Posted In Employee Benefits, Retirement Plans
Diane M. Morgenthaler and Jeffrey M. Holdvogt recently presented the webinar “Student Loan Benefits and Other 401(k) Developments” at the Worldwide Employee Benefits Network Chicagoland program. In the presentation, they discussed a variety of new 401(k) trends and developments, including: Employer options for student loan benefits and related considerations; The IRS’s recent expansion of its...
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