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New Proposed Wellness Guidance under PPACA
By McDermott Will & Emery on Dec 11, 2012
Posted In Health and Welfare Plans
by Amy M. Gordon and Susan M. Nash New proposed employer wellness program regulations have been released under the Patient Protection and Affordable Care Act. To read the full article, click here.
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UK Employment Alert: European Court of Human Rights Finds That Greater Protections Are Required For The Political Beliefs Of UK Employees
By McDermott Will & Emery on Dec 6, 2012
Posted In Employment
by Katie Clark and Paul McGrath The European Court of Human Rights (ECtHR), in Redfearn v United Kingdom [2012] ECHR 1878, has held that employment law in the United Kingdom does not adequately protect individuals from dismissal as a result of their political beliefs or affiliations. The UK has been given two options to address this...
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PBGC Announces Formal Policy Reducing Impact of ERISA Section 4062(e) on Creditworthy Plan Sponsors
By McDermott Will & Emery on Nov 28, 2012
Posted In Retirement Plans
by Michael T. Graham, Stephen Pavlick and Patrick D. Ryan The Pension Benefit Guaranty Corporation (PBGC) has announced a new pilot program that should substantially modify its enforcement strategy regarding pension liability for facility closures under ERISA Section 4062(e). Under this new program, PBGC will no longer assess liability against creditworthy companies or small plans,...
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Worldwide Employee Benefits Network Chicago Chapter Meeting: Annual Regulatory and Legislative Review
By McDermott Will & Emery on Nov 15, 2012
Posted In Health and Welfare Plans, Retirement Plans
Wednesday, December 5, 2012 7:30 – 9:30 am CST UBS Tower One North Wacker Drive, 2nd Floor Michigan II Ballroom (Northeast Corner of Wacker & Madison) To register, please click here. This year will be remembered as another year of rapid change in employee benefits. The year-end tasks are plentiful, but if you live in...
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Results of State Voter Referendums on Same-Sex Marriage: Implications for Employee Benefit Plans
By McDermott Will & Emery on Nov 13, 2012
Posted In Benefit Controversies, Health and Welfare Plans
by Joseph S. Adams, Todd A. Solomon, Jacob Mattinson and Brian J. Tiemann Voters in Maine, Maryland and Washington approved the legalization of same-sex marriage in their states. In addition, voters in Minnesota rejected a state constitutional amendment to define marriage as an opposite-sex union. The outcome of these referendums adds complexity to the options and...
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Employers Can Provide Tax-Free Disaster Assistance to Employees
By McDermott Will & Emery on Nov 8, 2012
Posted In Employment
by Jonathan J. Boyles, Robert C. Louthian, III and Ruth Wimer Section 139 of the Internal Revenue Code (Code) allows an employer to provide tax-free disaster relief to its employees, and the employer may take a tax deduction for these payments, if the payments constitute qualified disaster relief payments. Given the benefits of tax-free status...
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Upcoming State Voter Referendums on Same-Sex Marriage
By McDermott Will & Emery on Nov 1, 2012
Posted In Benefit Controversies, Health and Welfare Plans
by Todd A. Solomon and Brian J. Tiemann Voter referendums on same-sex marriage will be on the November ballots in four states: Maryland, Washington, Maine and Minnesota. The outcome of these referendums may complicate the options and obligations of employers in providing benefits for employees’ same-sex spouses and partners. To read the full article, click...
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New Notice Requirements Effective November 1, 2012, for Single Employer Pension Plans with Funding-Related Restrictions
By McDermott Will & Emery on Oct 31, 2012
Posted In Retirement Plans
by Diane Morgenthaler, Maureen O’Brien and Kary Crassweller Recently the Internal Revenue Service provided the first set of guidance on the new notice requirements for single employer defined benefit plans subject to funding-related restrictions under Section 436 of the Internal Revenue Code. This guidance includes information on notice recipients, content, delivery and timing. Because significant...
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Binding Corporate Rules as a Global Solution for Data Transfer
By McDermott Will & Emery on Oct 9, 2012
Posted In Privacy and Data Security
by Rohan Massey and Heather Egan Sussman All multinational companies are constantly transferring data relating to identified or identifiable human beings (data subjects). Data is moved between different parts of the same business and to and from suppliers, customers and other third parties. When such data moves between countries, the laws of multiple countries may become...
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IRS Eliminates Use of Letter Forwarding Service to Find Missing Participants and Beneficiaries
By McDermott Will & Emery on Sep 28, 2012
Posted In Retirement Plans
by Jeffrey M. Holdvogt and Susan Peters Schaefer The Internal Revenue Service (IRS) recently discontinued its letter forwarding service for missing participants or beneficiaries entitled to a benefit under an employee retirement plan. Until now, retirement plan sponsors have frequently used the IRS letter forwarding service as a way to locate missing participants or beneficiaries to...
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