Understanding Employee Benefits

Key Provisions of the Affordable Care Act Upheld by U.S. Supreme Court

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            Last Thursday, June 28, in a 5-4 decision, the U.S. Supreme Court found that the Patient Protection and Affordable Care Act of 2010 (the “Affordable Care Act” or “Act”) is constitutional paving the way for final implementation of its provisions. http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf While the Administration argued that the Act was... Read More

Topics: ERISA and Other Benefits Litigation, Health Care Reform, Health Plan, Welfare Plans

Stuck Between the IRS and the NLRB

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Employers who sponsor 401(k) plans know that distributions from those plans can be made only on certain allowable events, such as separation from service. While an employee is still employed, distributions can be made after age 59½ or as a result of financial hardship. Defined benefit pension plans face similar... Read More

Topics: Retirement Plans

If the Tax Withholding is Wrong, Don’t Rely on the Employer to Fix it

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Verizon Communications, Inc. sponsored a number of plans for its foreign employees. These employees were citizens of foreign countries who never worked in the United States. Because these employees never worked or resided in the United States, their employment income and the benefits from their retirement plans were foreign source... Read More

Topics: ERISA and Other Benefits Litigation, Payroll, Retirement Plans

Top Hat Plan Benefits Can Be Garnished

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In a recent District Court decision, a court held that non-qualified deferred compensation benefits being paid  to a participant under a “top hat” plan could be garnished by the participant’s creditor. Employers who sponsor plans covered by ERISA know that creditors cannot garnish a participant’s benefits under a qualified retirement... Read More

Topics: Deferred Compensation and 409A, Executive Compensation, Payroll