Three Reasons to Offer an ESOP to Your Employees

As the employment landscape changes, employers may search for benefit options that provide value to their employees and their business. One possibility that is sometimes overlooked is the employee stock ownership plan or ESOP. Similar to a profit sharing plan, an ESOP invests in the stock of the employer thereby creating a situation where the employer and employees share ownership of the business. Since ESOPs offer Read More

How to Defend an ERISA Lawsuit

People often say we live in a litigious society. Even employee benefit plans are not immune to lawsuit-happy plaintiffs. Plan administrators who are sued may be relieved to learn there are ways to defend an ERISA lawsuit. Motions to Dismiss or for Summary Judgment A defendant typically begins by assessing the claims contained in the lawsuit, then begins the process of defending against those claims. One of the Read More

IRS Updates Retirement Plan Limits

One of the most common compliance issues for employers and plan sponsors is failure to adhere to annual retirement plan limits. To avoid costly penalties and administratively burdensome correction procedures, plan sponsors must remain up-to-date with respect to applicable retirement plan limits. Today, November 1, 2018, the IRS announced cost-of-living adjustments affecting the 2019 dollar limitations for retirement Read More

Georgia Society of CPAs Business and Interest Community Newsletter

Most employees want control over who receives their retirement plan account balance when they die. Read more. Read More

Journal of Pension Benefits

"Understanding the Safe Harbor Rules for Determining Full-Time Employee Status and the Litigation Risks Associated with Workforce Restructuring Under the Affordable Care Act," Spring 2014, volume 21, number 3 Read More

Business Associates and Business Associate Contracts

An HR Director recently asked me (i) how to determine if an entity is a business associate and (ii) what terms should be included in a business associate agreement? Who is a Business Associate? Generally, a business associate is a person who, on behalf of a health plan, and in a capacity other than as part of the covered entity’s workforce: performs or assists in performing a function or activity involving the Read More

Frequency of HIPAA Privacy Training

I was recently asked how often an employer is required to provide HIPAA privacy training to employees. It does not appear that the regulations specify a certain training frequency or content. Instead, the regulations generally state that a "covered entity" train all members of it's workforce on the covered entity's privacy policies and procedures, as necessary and appropriate for the members of the workforce to Read More

Lexology

IRS Issues Guidance on health flexible spending account limits and seeks comments on “use it or lose it” rule. Read Article Read More

Lexology

Filing and Notice Deadlines for qualified retirement and health and welfare plans. Read Article Read More