ERISA lawyers know that employee benefit plans offered by state and local governments to their employees are not subject to ERISA, the federal law that generally governs benefit plans of private employers. However, other federal laws can reach government plans. For example, the Securities & Exchange Commission (SEC) recently announced a settlement with the State
Understanding Employee Benefits and key developments in the employee benefits field and items of interest to our clients. MORE
Retirement Plans
What Should the Trustee of a Private ESOP Do?
The Department of Labor (DOL) recently entered into an agreement with GreatBanc Trust Company settling claims relating to its service as trustee of an employee stock ownership plan (ESOP) holding stock of a private company. The DOL had claimed that the stock of the company had been overvalued in a sale transaction. The settlement agreement…
IRS Issues Guidance on Qualified Plan Amendments Regarding Same Sex Spouses
[This article also appears in our Employment and Labor Law/Employee Benefits Executive Briefing: May 2014.]
Employers have been considering the impact on benefit programs, including the qualified retirement plans, of the U.S. Supreme Court’s decision recognizing the validity of same sex marriages. In September, 2013, the IRS issued guidance about the prospective impact of the…
QDROs for Unmarried Cohabitants?
Sponsors of qualified retirement plans know that, generally speaking, plan benefits cannot be taken from a participant through legal process or otherwise be assigned to anyone other than the participant. There is an exception for payments in connection with a divorce under a qualified domestic relations order or QDRO. Qualified retirement plans must honor QDROs…
Government Publications on 401(k) Plans May Be of Interest
The IRS and Department of Labor issue a number of publications on different topics, including 401(k) plans. The IRS has posted on its website a couple of jointly issued publications directed at small employers who sponsor or are considering sponsoring 401(k) plans. The publications are “401(k) Plans for Small Businesses” and “Automatic …
Despite upholding a $13.4 million judgment against plan fiduciaries, the Eighth Circuit gives plan sponsors a lot to like in Tussey decision.
On March 19, 2014, a three judge panel of the United States Court of Appeals for the Eighth Circuit issued its decision in Tussey v. ABB, Inc., No. 12-2056 (8th Cir. Mar. 19, 2014). The case came to the Eighth Circuit on an appeal of a decision by the United States District Court for…
Even a Tax Lawyer can get the IRA Rollover Rules Wrong
Individuals are permitted to roll over amounts in one IRA to another IRA only once in a 12 month period. The rollover must be completed within 60 days. A tax lawyer at a major New York law firm recently tripped on this rule to his detriment. The tax lawyer had several different IRAs. He took …
Have You Told the IRS that Your “Responsible Party” Has Changed? By Samuel Butler IV
The bloggers who bring you BenefitsNotes.com are attorneys at Leonard, Street and Deinard. We are proud to announce that we will merge with Stinson Morrison Hecker on January 1, 2014, to form the firm of Stinson Leonard Street. You can learn more about our new firm at http://stinsonleonardmerger.com/.
We welcome guest blogger Sam Butler, …
Another Reason to be Careful if ROBS is Your Business Financing Strategy
I blogged earlier this year about a tax court decision in which taxpayers used assets in their IRA to finance a new business in a structure sometimes known as ROBS or Rollover for Business Startups. Unfortunately, because of personal guarantees provided by the taxpayers at the time that the business owned by the IRA was …
Best to Save Plan Documents Until All Retirees and Beneficiaries are Dead
As a result of industry consolidation over the years, employers can find themselves responsible for pension plans of companies long out of existence. A recent federal district court decision imposed a penalty of $4,470 on a plan administrator who delayed providing the widow of a plan participant with the plan document in effect 34 years …