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
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
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
In previous blogs here, here and here, I discussed generally the recently published proposed regulations on which taxpayers may rely regarding the new fee imposed under the Patient Protection and Affordable Care Act (PPACA) to fund the Patient-Centered Outcomes Research Trust Fund. The fee is considered an excise tax but... Read More
As noted in my two earlier blogs here and here, the Patient Protection and Affordable Care Act (PPACA) imposes a new fee to fund a Patient-Centered Outcomes Research Institute that will research effective medical treatments. The fee is paid by insurance companies for fully insured plans and by plan sponsors... Read More
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
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
In 1993, the IRS assembled a task force to develop guidelines for field agents to conduct COBRA examinations and compliance checks. However, these guidelines were not released to the general public. More recently, the IRS updated those guidelines to reflect certain changes in the laws that were not incorporated... Read More
Under the Patient Protection and Affordable Care Act (PPACA) issuers of certain health insurance policies and plan sponsors of certain self-funded health plans must pay a fee to fund a Patient-Centered Outcomes Research Trust Fund. This trust fund will be used to allow the Patient-Centered Outcomes Research Institute to conduct... Read More
Employers who participate in multiemployer pension funds know that if they withdraw from those funds they may be required to pay withdrawal liability if the plan is underfunded. Employers who sell their assets to an unrelated buyer can avoid that withdrawal liability if the buyer agrees to assume an obligation... Read More