The Internal Revenue Service (“IRS”) is very much aware that plan sponsors of tax-qualified retirement plans (such as 401(k) plans) make mistakes in plan administration. The types of mistakes are varied and numerous. For example, a plan sponsor may neglect to enroll an eligible employee in their Continue Reading
Plan Coverage of At-Home COVID-19 Testing
The Bottom Line Effective January 15, 2022, plan coverage of FDA-approved over-the-counter at-home COVID-19 diagnostic tests is mandatory. Plan sponsors should immediately contact their pharmacy benefit managers to set up mechanisms for direct coverage of at-home tests.If any questions Continue Reading
IRS Provides Much Needed Guidance on COBRA Premium Subsidy
The Bottom Line ARPA’s COBRA subsidy presents a number of complicated administrative issues that employers, plan sponsors and administrators, and insurers alike should consider. In particular, there are a number of nuances to how the Notice may impact plan sponsors.Plan sponsors should consult with Continue Reading
COBRA Changes Under the American Rescue Plan Act of 2021
The Bottom Line The American Rescue Plan Act of 2021 requires employers to provide new or updated notices to qualified individuals about the availability and expiration of newly created COBRA subsidies.Plan sponsors should work with their COBRA administrators and ERISA counsel to understand their Continue Reading
Regulators Clarify COVID-19 Relief Deadline Extension
The Bottom Line The newly issued Notice could be quite difficult to apply in practice for plan sponsors and third party administrators, as it requires a plan sponsor and its third party administrators to track each participant’s or beneficiary’s tolling period from the date he/she became entitled Continue Reading
Group Health Plans: Regulators Extend Deadlines During the COVID-19 Crisis
The Bottom Line The Notice provides important guidance and relief for group health plan sponsors and plan participants in light of the COVID-19 pandemic.The regulators have hit the pause button on many of the employee benefit plan timeframes during the period of the COVID-crisis.Since the guidance Continue Reading
COVID-19 Considerations for Retirement Plan Sponsors and Committees
The Bottom Line The novel coronavirus is presenting employers with new challenges on a daily basis. Employers should work closely with their ERISA counsel to ensure that they are administering their qualified retirement plans correctly and satisfying their fiduciary obligations while taking Continue Reading
Employers Beware: New EU Data Law May Impact Employee Benefits
The Bottom Line GDPR is already in effect and fines could be levied for non-compliance. U.S. based employers should work with their legal counsel to review their plan participant population to determine whether GDPR applies and to ensure that GDPR's requirements are satisfied. May 25, 2018 was Continue Reading
Two Recent Court Rulings Signal Important Developments in ERISA Excessive Fee Litigation
The Bottom Line The recent decisions in Wells Fargo and Chevron offer plan sponsors and fiduciaries some guidance with respect to defending against ERISA fee litigation. Plan sponsors and fiduciaries need to continue to ensure that they engage in a deliberative and Continue Reading