COBRA Without the Bite
On March 11, 2021, President Biden signed into law the American Rescue Plan Act (“ARPA”). The ARPA mandated several important changes for both employers and…
Employment Tax
Releasing the Pressure Valve for Single Employer Pension Plans under American Rescue Plan Act
On March 11, 2021, President Biden signed into the law the American Rescue Plan Act (“ARPA”) containing $1.9 trillion in financial stimulus. Though not highly…
COVID-19 Relief Complicates Cobra Administration
Among the many employee benefit deadlines extended due to the pandemic by joint action of the Department of Labor and the Internal Revenue Service are…
If Your Retirement Plan Holds Employer Securities
Keep an Eye on the Jander Case, Part II
In March 2020, I posted a blog reviewing the evolution of the legal analysis applied to a retirement plan’s holding of “employer securities” under the…
The Countdown Begins for Lifetime Income Disclosures
The SECURE Act of 2019 made three statutory changes to ERISA regarding lifetime income benefit payments from defined contribution plans (e.g., 401(k), 403(b), profit sharing,…
COBRA Litigation – 2020’s Latest Gift
The Consolidated Omnibus Budget Reconciliation Act (“COBRA”) became law on April 7, 1986. For most of its nearly 35-year history, litigation involving COBRA has been…
DOL Cracks Open the Door for Private Equity in 401(k) Plans
The U.S. Department of Labor (the “DOL”) recently released an information letter that concludes, if certain conditions are met, a plan fiduciary will not violate…
Structuring a 401(k) Match Based on Employee Student Loan Repayments
Employers face a constant struggle to attract and retain quality employees. This is especially true in a strong economy where jobs are plentiful and the…
Unpaid Federal Employment Taxes: The Government’s Chief Enforcement Priority
Businesses that have employees must pay wages and salaries to their employees, and the employer must collect federal employee income taxes and the employee's share…
New IRS Proposed 199A Regulations Provide Guidance on 20% Profit Pass-Through Deduction
On August 8th, the IRS released its much-awaited Proposed Regulations on the new Section 199A 20% profit deduction for pass-through businesses. The new deduction applies…