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.
Piling On: Corporations Support the New York Times in Multiemployer Pension Calculation Dispute
By Diane Morgenthaler, Erin Steele, McDermott Will & Emery and Richard J. Pearl on Feb 19, 2019
Posted In Benefit Controversies, Employee Benefits, Retirement Plans
Several large employers are disputing how much money the New York Times owes a union multiemployer pension fund. Recently, six companies—including US Foods Inc. and United Natural Foods Inc.—filed an amicus brief supporting the New York Times in its case before the US Court of Appeals for the Second Circuit. Ruprecht Co., an Illinois meat...
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Clear as Mud: Defined Benefit Plan Liability with Facility Sales, Restructurings and Cessations
By Diane Morgenthaler, Erin Steele and Kay Kemp on Jan 8, 2019
Posted In Employee Benefits, Retirement Plans
In certain cases of a facility sale, restructuring or cessation, recently released information by the Pension Benefit Guaranty Corporation (PBGC) leaves many unanswered questions about plan sponsor liability for single-employer defined benefit plans. Given the lack of clarity, these plan sponsors should continue to consult their lawyer in any type of transaction, restructuring or cessation...
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Tax Reform Changes to Employee Compensation and Benefit Deductions
By Diane Morgenthaler on Apr 10, 2018
Posted In Employee Benefits, Executive Compensation, Health and Welfare Plans
Partner Diane Morgenthaler presented at this year’s first Tax in the City® meeting on March 15, 2018. Below is a recap of the key takeaways from the event. Employee Benefits impacts of federal tax reform: Alter procedures to ensure no 2018 employer deduction is taken for qualified transportation fringe benefits, except for bicycle transportation subsidies....
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Tax Reform Surprises and Strategies with the New 162(m) Rules
By Andrew Liazos and Diane Morgenthaler on Feb 27, 2018
Posted In Employee Benefits, Executive Compensation
Section 162(m) of the Internal Revenue Code (Code) previously limited the tax deduction to $1M annually for covered employee compensation paid by a company that is publicly traded, subject to some important exceptions. The Tax Cuts and Jobs Act modified the reach of Code Section 162(m) in several significant ways. Expanding the number of companies to...
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Going Up but Never Down | 2018 ERISA Penalties
By McDermott Will & Emery and Diane Morgenthaler on Feb 15, 2018
Posted In Employee Benefits, Employee Stock Ownership Plans (ESOPs), Health and Welfare Plans, Retirement Plans
The Department of Labor announced increased penalties for employee benefit plans under ERISA. The increases generally apply to penalties that involve employee benefit reporting and disclosure failings if the penalty is assessed after January 2, 2018, and if the violation occurred after November 2, 2015. We’ve compiled a resource outlining the ERISA penalty amounts assessed...
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Tax Breaks in the New Hurricane Legislation for Employers and Taxpayers
By Diane Morgenthaler and Ruth Wimer on Nov 14, 2017
Posted In Employee Benefits, Employment
The Disaster Tax Relief and Airport and Airway Extension Act of 2017 provides a new favorable tax credit for eligible employers affected by recent hurricanes, as well as expanded charitable deductions and tax credits for certain taxpayers. Continue Reading.
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New Hurricane Legislation Grants Additional Distribution, Withdrawal and Loan Relief for Certain Retirement Plan Participants
By Alan D. Nesburg, PC, Diane Morgenthaler, Ruth Wimer and Stephen Pavlick on Nov 9, 2017
Posted In Employee Benefits, Retirement Plans
The new Disaster Tax Relief and Airport and Airway Extension Act of 2017 provides additional relief and flexibility for retirement plan participants impacted by recent hurricanes, including relaxed rules for plan distributions, withdrawals and loans. Continue reading.
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McDermott Announces Determination Letter Replacement Program, Addressing the Gap in Retirement Plan Compliance
By Brian Tiemann, Diane Morgenthaler, Jeffrey Holdvogt, Jacob Mattinson, Joseph K. Urwitz, Kay Kemp, Lisa Loesel, Maggie McTigue , Mary K. Samsa, Sarah L. Engle, Allison Wilkerson, Alan D. Nesburg, PC, Andrew Liazos, McDermott Will & Emery and Todd Solomon on Oct 10, 2017
Posted In Employee Benefits, Employee Stock Ownership Plans (ESOPs), Fiduciary and Investment Issues, Retirement Plans
Since the announcement by the Internal Revenue Service (IRS) that sponsors of individually designed retirement plans may no longer receive a periodic determination letter, plan sponsors have faced uncertainty about how to demonstrate compliance for their retirement plans. Our McDermott Retirement Plan Compliance Program, a new opinion letter and operational review program for individually designed...
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View From McDermott: Hurricane Survival Guide for Employee Benefit Plans and Employers
By Diane Morgenthaler on Oct 5, 2017
Posted In Employee Benefits, Employee Stock Ownership Plans (ESOPs), Employment, Health and Welfare Plans, Retirement Plans
According to U.S. News & World Report, estimates for the cost of Hurricane Harvey’s damage have come in as high as $190 billion, and damage estimates for Hurricane Irma are still rolling in but range up to $100 billion. To assist taxpayers affected by these devastating storms, the Internal Revenue Service, Department of Labor, and...
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Extension of Nondiscrimination Relief to Certain Closed Defined Benefit Plans
By Diane Morgenthaler and Kay Kemp on Oct 3, 2017
Posted In Employee Benefits, Employee Stock Ownership Plans (ESOPs), Retirement Plans
The Internal Revenue Service (IRS) recently extended the temporary nondiscrimination relief for closed defined benefit plans. This extended relief is intended to enable closed pension plans (defined as pension plans that have been closed to new participants but continue to provide ongoing benefit accruals for certain participants) to more easily satisfy certain nondiscrimination testing requirements. In...
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