Anna Rappaport (AR): You founded a boutique firm specializing in ERISA (Employee Retirement Income Security Act of 1974). Given that this is typically an area of law that is part of a larger firm’s benefits and employment law practice, how did you decide to venture out on your own and start your own firm? Anne Tyler Hall (ATH): I grew up in large law firms, and the ERISA practice groups serviced the corporate Read More
How Benefits Can Ease Workers’ Return To The Office
By Emily Brill Law360 (March 31, 2021, 7:04 PM EDT) -- As plans for bringing America's white-collar workforce back to the office begin taking shape, employers can ease the transition for their workers by making use of wellness programs, employee assistance programs and disease management programs. Here, Law360 explores how employers can best utilize their benefit programs as workers return to the Read More
American Rescue Plan Act of 2021: Highlights for Employers to Watch For
The American Rescue Plan Act of 2021 (ARPA) became law on March 11, 2021, and there are several provisions that are likely to have a significant impact on employers, including the following: Unemployment benefits. The ARPA increases the duration of unemployment benefits under temporary pandemic relief programs from March 14, 2021, to September 6, 2021. Unemployment claimants will receive an additional $300 per week Read More
Pandemic & Unemployment Benefits: Updated Guidance Issued by DOL
On February 25, 2021, the DOL issued guidance to state unemployment agencies that expands the eligibility of employees who declined to work due to pandemic safety concerns to receive Pandemic Unemployment Assistance (PUA). The new guidance expanded PUA eligibility to three categories of employees: Workers receiving unemployment benefits who had their continued regular unemployment benefits’ claims denied Read More
Employer Retirement Plan Platform Overload: MEPs, PEPs, and Single Employer Plans
The Setting Every Community Up for Retirement Enhancement Act (SECURE Act) established a new retirement plan platform - Pooled Employer Plans (PEPs) - whereby a group of unrelated employers could participate in a single defined contribution plan as of January 1, 2021. This adds a new retirement plan option for employers to consider among other existing plan options that include the following: Single Employer Read More
American Rescue Plan Act Offers 100% COBRA Subsidy Through September 2021
The American Rescue Plan Act of 2021 (ARPA) includes a provision to help unemployed workers by authorizing a 100% subsidy of COBRA health insurance premiums through September 30, 2021. The ARPA was signed into law by President Biden on March 11, 2021. Under the ARPA, employers would receive the subsidy through a payroll tax credit against their quarterly taxes. Employees who lost their jobs due to the pandemic and Read More
A Recent Fifth Circuit Court Decision May Elevate HIPAA Enforcement Hurdles
On January 16, 2021, a Fifth Circuit Court decision in University of Texas M.D. Anderson Cancer Center v. U.S. Department of Health and Human Services vacated a $4.3 million penalty imposed by the Department of Health and Human Services (HHS) against M.D. Anderson for alleged HIPAA violations, finding that the penalty was “arbitrary, capricious, and otherwise unlawful.” Background M.D. Anderson disclosed to HHS Read More
IRS Issues Annual Update on Determination Letters and Private Letter Rulings
In January 2021, the IRS issued Rev. Proc. 2021-4, which includes annual updates to certain procedures including determination letter requests, private letter rulings, and employee plan tax information. Key updates to 2020 procedures are as follows: Form 5310. Form 5310, Application for Determination for a Terminating Plan, must be filed electronically starting August 1, 2021. Form 5310 may also be followed Read More
IRS Releases Final Regulation on Tax-Exempt Organizations Excise Tax
The Tax Cuts and Jobs Act (TCJA) enacted in December 2017 created a 21% excise tax on executive compensation in excess of $1 million paid by tax-exempt organizations to certain employees (IRC Section 4960). On January 19, 2021, the IRS published the final regulations to help applicable tax-exempt organizations (ATEOs) comply with the excise tax on excessive pay under Section 4960. The following summarizes the key Read More
DOL Approves PBGC Missing Participant Program for Defined Contribution Plans
The U.S. Department of Labor (DOL) recently released Field Assistance Bulletin 2021-01 that authorizes, as a matter of enforcement policy, plan fiduciaries of terminating defined contribution plans to use the Pension Benefit Guaranty Corporation (PBGC) missing participant program for missing or nonresponsive participant’s account balances. Following the termination of a defined contribution plan, current DOL Read More
