Scott Kenkel
Subscribe to Scott Kenkel's PostsScott Kenkel focuses his practice on employee benefits and executive compensation matters. He has experience assisting clients with regulatory compliance matters related to tax-qualified retirement plans and executive compensation arrangements. He also regularly works with clients on benefits and compensation issues in connection with corporate transactions. Read Scott Kenkel's full bio.
HHS Final Section 1557 Nondiscrimination Regulations: Gender-Affirming Care and the Role of Carriers Under ASO Arrangements
By Sarah Raaii, Alden Bianchi and Scott Kenkel on Jun 5, 2024
Posted In Employee Benefits, Health and Welfare Plans
On April 26, 2024, the US Department of Health and Human Services (HHS) issued a final rule (press release, fact sheet, FAQs) reinterpreting Section 1557 of the Affordable Care Act, which prohibits discrimination on the basis of race, color, national origin, sex, age or disability, or any combination thereof, in a health program or activity, any part of which...
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How Pending Fishing Boat Cases at the Supreme Court Could Rock the Benefits Plan Boat
By Alden Bianchi, Wilber H. Boies, PC, Scott Kenkel and J. Christian Nemeth on Mar 12, 2024
Posted In Employee Benefits
If the US Supreme Court strikes down the established doctrine of significant judicial deference to certain government agency interpretations in two upcoming fishing boat cases, this decision could have ripple effects on employee benefit plan sponsors and fiduciaries. Such a decision would rock the boat and create more uncertainty in administering employee benefits. Read more...
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Gender-Affirming Benefits: Best Practices for Group Health Plans
By Sarah Raaii, Alden Bianchi and Scott Kenkel on Mar 5, 2024
Posted In Employee Benefits, Health and Welfare Plans
Group health plan sponsors, third-party administrators and other health plan service providers must navigate a shifting legal landscape as they determine how to offer gender-affirming benefits, including whether − and to what extent − group health plans must cover gender-affirming medical or surgical treatments, especially regarding minors. In this On the Subject, we discuss recent...
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New Rules Make Tracking Long-Term, Part-Time Employee Service a Full-Time Job
By Sarah L. Engle, Brian Tiemann, Haley Dow and Scott Kenkel on Feb 15, 2024
Posted In Employee Benefits, Retirement Plans
Under the SECURE Act and the SECURE 2.0 Act, employers must provide so-called long-term, part-time employees – i.e., those who complete at least 500 hours of service in three consecutive years (reduced to two years in 2025) and are at least 21 years old – the opportunity to make elective deferrals under their 401(k) plans and,...
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This Is Not a Test! IRS Confirms Long-Term, Part-Time Employees Excludible From Certain Nondiscrimination Testing
By Sarah L. Engle, Brian Tiemann, Haley Dow and Scott Kenkel on Feb 13, 2024
Posted In Employee Benefits, Retirement Plans
Under the SECURE Act and the SECURE 2.0 Act, employers must provide long-term, part-time employees the opportunity to make elective deferrals under their 401(k) plans and, beginning in 2025, their 403(b) plans. When this occurs, certain special rules apply to such employees that impact whether they must be included in annual nondiscrimination testing or receive...
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When It Comes to Vesting, IRS Says Once a Long-Term, Part-Time Employee, Always a Long-Term, Part-Time Employee
By Sarah L. Engle, Brian Tiemann, Haley Dow and Scott Kenkel on Feb 8, 2024
Posted In Employee Benefits, Retirement Plans
Under the SECURE Act and the SECURE 2.0 Act, employers must provide long-term, part-time employees – i.e., employees who complete at least 500 hours of service in three consecutive years (reduced to two years in 2025) and are at least 21 years old – the opportunity to make elective deferrals under their 401(k) plans and,...
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IRS Confirms Same Hours-Counting Rules Still Add Up for Long-Term, Part-Time Employees
By Sarah L. Engle, Brian Tiemann, Haley Dow and Scott Kenkel on Feb 6, 2024
Posted In Employee Benefits, Retirement Plans
Following the SECURE Act and the SECURE 2.0 Act, employers must now offer employees who work at least 500 hours within three (reduced to two beginning January 1, 2025) consecutive 12-month periods an opportunity to make elective deferrals to their 401(k) plans and, beginning in 2025, their 403(b) plans. This new long-term, part-time employee rule...
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Under Long-Term, Part-Time Employee Rules, Some Things Change, and Some Things Stay the Same
By Sarah L. Engle, Brian Tiemann, Haley Dow and Scott Kenkel on Feb 2, 2024
Posted In Employee Benefits, Retirement Plans
Together, the SECURE Act and the SECURE 2.0 Act require employers to offer employees who work at least 500 hours within three (reduced to two beginning January 1, 2025) consecutive 12-month periods an opportunity to make elective deferrals to their 401(k) and, beginning in 2025, their 403(b) plans. In doing so, the new rule raises...
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A Long-Term, Part-Time Employee or a Former Long-Term, Part-Time Employee, That Is the Question
By Sarah L. Engle, Brian Tiemann, Haley Dow and Scott Kenkel on Jan 30, 2024
Posted In Employee Benefits, Retirement Plans
Under the SECURE Act and SECURE 2.0 Act, employers must provide long-term, part-time employees the opportunity to make elective deferrals under their 401(k) plans and, beginning in 2025, their 403(b) plans. Under the new rules, long-term, part-time employees include those employees who complete at least 500 hours of service in three consecutive years (reduced to...
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A Long-Term, Part-Time Employee or Not a Long-Term, Part-Time Employee, That Is the Question
By Sarah L. Engle, Brian Tiemann, Haley Dow and Scott Kenkel on Jan 25, 2024
Posted In Employee Benefits, Retirement Plans
Under the SECURE Act and the SECURE 2.0 Act, employers must provide long-term, part-time employees the opportunity to make elective deferrals under their 401(k) plans and, beginning in 2025, their 403(b) plans. This new rule is fraught with complexity and has generated numerous questions about how the requirements apply. But in talking about the new...
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