Understanding Employee Benefits

Agreement With Single Employee is Not an ERISA Plan

By

If an arrangement is subject to ERISA, state law claims relating to that arrangement are preempted. In some situations, therefore, employers try to argue that a particular arrangement is subject to ERISA. In a recent decision involving a state law breach of contract claim, the Eighth Circuit Court of Appeals... Read More

Topics: Deferred Compensation and 409A, ERISA and Other Benefits Litigation, Executive Compensation

Labor Issues Q&As on Required Fee Disclosures to Participants

By

            Once the ERISA Section 408(b)(2) fee disclosures are made from covered service providers to plan fiduciaries, plan fiduciaries are required to relay fee information relating to designated investment alternatives to plan participants.  The Department of Labor issued final regulations in 2010 outlining the requirements for these new disclosures,  29... Read More

Topics: Fiduciary Guidance, Retirement Plans

HSA/HDHP Limits for 2013

By

The IRS has released the 2013 limits for Health Savings Account (HSA) contributions. The annual contribution limit for 2013 increases to $3,250 for an individual with self only coverage and $6,450 for an individual with family coverage from $3,100 and $6,250, respectively for 2012. The minimum annual deductible for a qualifying... Read More

Topics: Cafeteria Plans, Health Plan

408(b) (2) Disclosures – That Wasn’t So Bad Was It?

By

Last week I received copies of the first new fiduciary fee disclosures required by final Department of Labor Regulations under ERISA Section 408(b) (2).  Fee disclosures were received from Fidelity Investments and Prudential Financial, providers to two client retirement plans.  The details of the required disclosures are described in my... Read More

Topics: Fiduciary Guidance, Health Plan, Welfare Plans

Which Employer Plans are Required to Pay the Patient-Centered Outcomes Research Trust Fund Fee?

By

This is the second blog post discussing the recently proposed regulations (on which taxpayers can rely) on the Patient-Centered Outcomes Research Trust Fund fee. The first post is here. This new fee, required to fund the Patient-Centered Outcomes Research Institute, is imposed under the Patient Protection and Affordable Care Act... Read More

Topics: Health Care Reform, Health Plan