Benefits Notes |

Employee benefits are an important part of every employees' total compensation package. The continuously evolving landscape in the areas of health care reform, retirement plan design, and executive compensation makes it difficult for employee benefits professionals to keep up with relevant developments. The employee benefits attorneys at Stinson Leonard Street provide human resources professionals, plan fiduciaries, actuaries, accountants, and others in the industry with practical and cost-effective assistance as they navigate through the complex laws, regulations and guidance that govern employee benefits plans. This blog highlights key developments in the employee benefits field and items of interest to our clients. Our Bloggers →

Latest Welfare Plans Posts

EEOC Issues New Wellness Guidance

By Angela Bohmann | May 26, 2016

Health Plan, Welfare Plans My colleagues in the Labor and Employment Group have published an Alert on the new wellness guidance from the EEOC. It is linked here.

READ MORE »

Time to Review Plan Subrogation Procedures, Part 2

By Angela Bohmann | March 25, 2016

ERISA and Other Benefits Litigation, Health Plan, Welfare Plans I blogged a few days ago about the U.S. Supreme Court decision making it harder for plans to recover from a third-party settlement fund for the amount the plan paid when a participant is injured by that third-party. A recent federal district court decision highlights the need to provide appropriate notice of the...

READ MORE »

Time to Review Plan Subrogation Procedures

By Angela Bohmann | March 23, 2016

ERISA and Other Benefits Litigation, Health Plan, Welfare Plans Most self-funded ERISA medical plans provide that participants who have been injured by other people (think car accidents) must reimburse the plan if the participant recovers from the other person for those injuries. In order to obtain that reimbursement, a plan document must contain appropriate...

READ MORE »

Federal Court Determines that Employer Use of Employee Health Insurance Premium Payments Breach of ERISA Fiduciary Duties

By Jeffrey Cairns | November 17, 2015

ERISA and Other Benefits Litigation, Fiduciary Guidance, Health Plan, Payroll, Welfare Plans On November 9, 2015, Minnesota Federal District Judge Susan Richard Nelson ruled that the president and CEO of Faribault Woolen Mills Company breached his fiduciary duties under ERISA by diverting Employee health insurance premiums toward corporate and personal use. The lawsuit was brought by the U.S. Department of...

READ MORE »

What Does the Trust Requirement of ERISA Mean?

By Angela Bohmann | October 29, 2015

ERISA and Other Benefits Litigation, Fiduciary Guidance, Welfare Plans ERISA requires that plan assets be held in trust so that they are protected from claims of the employer. With pension plans, it is generally easy to determine when assets become plan assets and when they should be held in trust. For welfare benefit plans, such as health plans, the situation is more complicated....

READ MORE »

IRS Annual Limits on Qualified Plans

By Jeffrey Cairns | October 22, 2015

Health Plan, Retirement Plans, Welfare Plans The Internal Revenue Service has released the 2016 cost of living adjustments affecting dollar limits on benefits and contributions under qualified retirement plans and health savings accounts, which are largely unchanged from the 2015 numbers. https://www.irs.gov/pub/irs-news/IR-15-118.pdf.  The following chart...

READ MORE »

Is Your Severance Policy an ERISA Plan?

By Angela Bohmann | October 2, 2015

Welfare Plans I wrote an Insight article for firm clients on distinguishing an ERISA severance plan from a non-ERISA severance policy. For those of you not on that distribution list, the article is here.

READ MORE »

A Summary Plan Description Can be a Plan Document

By Angela Bohmann | September 21, 2015

Fiduciary Guidance, Health Plan, Welfare Plans In a decision issued a couple of years ago, the United States Supreme Court held that a summary plan description that differed from the plan document could not be enforced as the plan document. The Court said that the summary plan description was supposed to describe the plan and it was the plan that should be...

READ MORE »

Business As Usual: Supreme Court Upholds ACA Subsidies

By Tom Dowling | July 6, 2015

ERISA and Other Benefits Litigation, Health Care Reform, Health Plan, Welfare Plans The United States Supreme Court recently held in King v. Burwell that the Affordable Care Act (ACA) permits individuals to receive health insurance premium subsidies through federally-facilitated exchanges (in addition to state-based exchanges). Because this decision is consistent with existing agency interpretation,...

READ MORE »

Same Sex Marriage: Effect on Benefits

By Angela Bohmann | July 2, 2015

Cafeteria Plans, ERISA and Other Benefits Litigation, Health Plan, Retirement Plans, Welfare Plans The United States Supreme Court recently held in Obergefell v. Hodges http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf that all states must recognize and allow marriages between same sex partners. Depending on an employer's current employee benefits plan, certain provisions may need to be changed in light of...

READ MORE »