April 11, 2023 Update: On April 10, 2023, President Biden signed legislation which ended the national emergency (NE) immediately. The public health emergency (PHE) is still expected to end on May 11, 2023. The Outbreak Period discussed below will still end on July 10, 2023 (i.e. 60 days after the date previously announced by the
Coronavirus
Are We There Yet? Emergency Declarations and COVID Relief Are Extended Into 2023
Seyfarth Synopsis: HHS has announced that the COVID-19 Public Health Emergency (PHE) has been extended another 90 days, and will run until January 11, 2023.
Seyfarth Update: On January 11, 2023, HHS announced another extension of the PHE to April 11, 2023.
Seyfarth Update: On January 20,2023, the Biden administration announced that it is…
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…
I’m Ready for My Close-Up, Mr. DeMille; the IRS Now Permits Remote Witnessing of Participant Elections
Seyfarth Synopsis: In response to immediate requests from participants for tax-favored coronavirus-related distributions (“CV Distributions”) and loans, as described in more detail in our prior post, and participants who want to begin pension benefits, the IRS has issued Notice 2020-42, which provides temporary relief from the physical presence requirement for any participant election that…
The IRS Speaks: Retirement Plan Coronavirus Loan Relief
Seyfarth Synopsis: The IRS has issued some initial guidance on the coronavirus-related relief for retirement plans (and IRAs) under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) in the form of Q&As on its website. Most of the Q&As address coronavirus-related distributions (“CV Distributions”), while one Q&A provides some IRS insight relating…
The IRS Speaks: Coronavirus Distributions From Retirement Plans
Seyfarth Synopsis: The IRS has issued some initial guidance on the coronavirus-related relief for retirement plans (and IRAs) under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) in the form of Q&As on its website. Most of the Q&As address coronavirus-related distributions (“CV Distributions”), while one Q&A provides some IRS insight relating…
ERISA Fee Motions After COVID-19 — A Substantive and Procedural Review
Seyfarth Synopsis: Two recent lower court decisions provide a primer on when a prevailing party in an ERISA case may recover fees (as a fee award is not automatic) and a window into the future of video hearings to resolve fee motions.
Two interesting lower court decisions on attorney fee motions were recently issued from…
IRS Repurposes Military and Disaster Relief For COVID-19 Deadline Extensions
Seyfarth Synopsis: On April 9, 2020, the IRS issued Notice 2020-23, extending federal tax filing deadlines and payment obligations to July 15, 2020 for certain items otherwise due to be performed from April 1, 2020 through July 14, 2020. Notice 2020-23 extends the period for performing 44 “time-sensitive” employee benefit-related actions.
These time-sensitive actions were…
Months After Ordering Plans to Disregard Sub-Regulatory Guidance, Trump Administration Learns to Love the Informal FAQs
Seyfarth Synopsis: On April 11, the IRS, DOL and HHS issued a series of FAQs clarifying the scope of the FFCRA/CARES Act mandates relating to COVID-19 testing for group health plans and health insurance issuers. This post highlights the key takeaways from those FAQs.
As highlighted in our earlier blog post, it was only…
IRS Provides Additional COVID-19 Relief: Plan Adoption Deadlines Extended
Seyfarth Synopsis: Several deadlines established by the IRS to adopt amendments or restatements to employer-sponsored retirement plans, and in this instance specifically, to 403(b) plans maintained by tax-exempt entities and pre-approved defined benefit pension plans maintained by any employer, were fast approaching. On March 27, the IRS extended these upcoming deadlines giving employers who sponsor…