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Is It Time to Amend Your Plan Documents for Class Action Waiver and/or Mandatory Arbitration Clauses?

By: Scott S. Morrisson and Alexander L. Mounts on January 11, 2021

Is it time you consider amending your plan document to provide a waiver of class actions and mandatory arbitration?  We first visited this issue one year ago after a 2019 federal court decision approved use of class action waiver and mandatory arbitration provisions as a means to reduce potential…

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IRS Announces Retirement Plan Limitations for 2021

By: Lisa A. Durham and on October 27, 2020

On October 26, 2020, the Internal Revenue Service issued Notice 2020-79 to announce the cost-of-living adjustments applicable to pension and retirement plan dollar limitations for the 2021 tax year – most of which will remain unchanged from 2020. Additionally, the Social Security Administration has…

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DOL Finalizes Rule Providing Alternative Safe Harbor Method for Electronic Disclosure by ERISA Retirement Plans

By: and Fenton D. Strickland on May 28, 2020

On May 21, 2020, the Department of Labor (DOL) published its final rule establishing an alternative safe harbor method of delivery of electronic disclosures by retirement plan administrators. The Alternative Safe Harbor allows employers to post retirement plan disclosures online or deliver them to…

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COVID-19 and ESOP Distribution Policies: Dealing with Down Times in an ESOP Company

By: Sharon B. Hearn and Lisa A. Durham on May 18, 2020

When preparing this Alert, I recalled a presentation I did in 2008 called “Dealing with Down Times in an ESOP Company.”  Well, here we are 12 years later, but the impact of the COVID-19 pandemic on many ESOP companies is even worse than the 2008 recession.

In addition to the difficult issues faced by…

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IRS Guidance Increases FSA Carryover Limit, Clarifies Reimbursement of Individual Health Coverage Premiums

By: and Fenton D. Strickland on May 14, 2020

Overview

On May 12, 2020, the IRS issued Notice 2020-33, which (i) increases the carryover limit for  flexible spending arrangements (“FSAs”) to $550, and (ii) clarifies the timing for reimbursement of individual health coverage premiums under certain tax-favored arrangements. This guidance was…

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IRS Provides Flexibility for Cafeteria Plans to Permit Mid-Year Election Changes, Extend FSA and DCAP Claims Periods

By: , Alexander L. Mounts, and Sharon B. Hearn on May 13, 2020

Overview

On May 12, 2020, the IRS issued guidance in response to the COVID-19 pandemic which provides flexibility during calendar year 2020 for employer-sponsored health coverage, health flexible spending arrangements (“FSAs”), and dependent care assistance programs (“DCAPs”). IRS Notice 2020-29…

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DOL and IRS Pandemic Relief for Group Health Plans and Retirement Plans

By: and Alexander L. Mounts on May 12, 2020

Overview

On April 29, 2020, the U.S. DOL, Treasury Department and the IRS issued deadline relief and other guidance to aid employee benefit plans and plan participants impacted by the COVID-19 pandemic.  The guidance extends certain timeframes affecting participants’ rights to healthcare coverage,…

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Employer Tax-Free, Deductible Disaster Relief Benefits for Employees

By: Sharon B. Hearn and on April 20, 2020

An employer seeking to provide additional financial support to employees during the COVID-19 pandemic may want to consider a “qualified disaster relief payment” program. Qualifying disaster relief payments are not only tax-free to employees in most cases, but are also fully tax-deductible to the…

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IRS Provides Guidance For HSAs and Retirement Plans

By: Sharon B. Hearn and Kendall A. Schnurpel on April 9, 2020

The IRS provided special relief from the April 15, 2020, Federal income tax return filing and payment deadline in response to the ongoing COVID-19 emergency, in Notices 2020-18 and -17.  That relief allows many individuals and businesses until July 15, 2020, instead of April 15, 2020, to file their…

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The CARES Act: Changes Posed to Health Plans and HSAs

By: and Alexander L. Mounts on April 2, 2020

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) provides financial relief to employees facing economic hardships as a result of the pandemic.  Below are provisions applicable to health plans and health savings accounts.

Exemption for Telehealth Services

For plan years beginning on…

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COVID-19 and Partial Plan Terminations

By: Lisa A. Durham on April 2, 2020

In this ever-changing economy due to COVID-19, we are receiving many questions regarding layoffs, furloughs and terminations of employment and how they impact the company’s qualified retirement plan.

What is a partial plan termination?

  • In general, if 20 percent or more of your employees terminate due…

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The CARES Act: Changes Posed to Employer-Sponsored Retirement Plans

By: Alexander L. Mounts, , and Janice L. Hamilton on March 31, 2020

The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) provides financial relief to employers and employees facing economic hardships as a result of the pandemic.  Below are provisions applicable to qualified retirement plans.


Plan Amendments

Even if you implement any of the…

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