On July 26, 2021, the U.S. Internal Revenue Service (“IRS”) issued Notice 2021-46, providing additional guidance on the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”) and premium assistance and tax credit provisions of the American Rescue Plan Act of 2021 (“ARPA”). As described in our Legal Update , ARPA requires employers to cover
Waistbands Aren’t the Only Thing Requiring Flexibility During the Pandemic
The Consolidated Appropriations Act of 2021 (“CAA”) offers significant relief for employers sponsoring flexible spending accounts. After much clamoring from the employer community, the IRS finally issued clarifying guidance in the form of Notice 2021-15 (the “Notice”). Check out our full Legal Update for details.
How to Sign Your Life Away… Electronically
Seyfarth Synopsis: Electronic signatures may be the wave of the future for the IRS, and are more necessary now as a result of the remote work environment. The IRS issued some recent guidance, allowing two authorization forms (Forms 2848 and 8821) to be signed electronically. While this guidance is a welcome step in the direction
I Am Not Throwing Away My [COVID] Shot!
COVID-19 vaccines are finally here! Employers have a lot to think about in how this new tool in the fight against COVID-19 applies in the workplace, and whether it should be a mandatory aspect of employment. Check out the labor and employment considerations about the extent to which an employer should implement a vaccine policy,
Ben Conley, Jennifer Kraft and Howard Pianko presenting at PLI program: “Applying ERISA Fiduciary Rules to Health Plans and Related Services and Products”
On Wednesday, November 4, 2020, 9:00 a.m. to 5:00 p.m. ET, Seyfarth employee benefits attorneys Ben Conley, Jennifer Kraft and Howard Pianko will present at the Practicing Law Institute program “Applying ERISA Fiduciary Rules to Health Plans, Services and Products 2020.”
Howard is the program Chair and his panel will address prohibited transaction issues
Hybrid Plan Filing Reprieve…. Sort of
Seyfarth Synopsis: The IRS published guidance in its Employee Plans newsletter on August 24, 2020, allowing incomplete determination letter applications to be filed by August 31, 2020, with an opportunity to supplement the filing through the end of the year.
Last year, the IRS opened the determination letter process for a limited time period for
Seyfarth Launches COVID-19 Employee Benefits Toolkit
Businesses are dealing with the effects of the pandemic on retirement plans and pensions, executive compensation, and health and welfare benefits. Workforce management issues resulting in reduction in hours, furloughs, and severance situations have required unique approaches to termination, conversion or bridging of benefits.
Our Employee Benefits & Executive Compensation attorneys have been monitoring, advising
The 10th Circuit’s New Interpretation of What is Mandated under ERISA’s Notice Requirements May have Far Reaching Effects On Plan Administrator’s Duties
By: Rebecca K. Bryant, Sam M. Schwartz-Fenwick, and Ian H. Morrison
Seyfarth Synopsis: A recent 10th Circuit decision holding that in order for the abuse of discretion standard to apply in litigation the claims administrator must provide participants with actual notice of discretionary authority or notice of a document affecting standard of review
Webinar: Seyfarth, Moss Adams, and Northwest Plan Services Present “A Guide to Implementing the CARES Act and More: Relief for Employers and Retirement Plans Explained”
As we all are aware, the global pandemic is a force to be reckoned with. Life as we now know it looks completely different than what we had expected a mere few months ago. Nowhere is this more evident than in the financial fortunes of US companies and workers. In response, Congress passed the Coronavirus
Whose Law? Where? When? — Risk Management for ERISA Plans in Uncertain Times
By Richard Loebl and Mark Casciari
Seyfarth Synopsis: The central tenets of ERISA are to provide as much freedom as possible, within minimal parameters, to draft ERISA plans, and then to honor the terms of the plans. COVID-19 may very well cause increased ERISA plan claim filings, so now is the time for plan sponsors