Employee Benefits & Executive Compensation: Updates

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  • IRS Announcement 2017-4 Provides Temporary Excise Tax Non-applicability Policy for Final Fiduciary Rule to Conform with DOL FAB 2017-01 Published on March 28, 2017 Legal update: archive

    On March 27, 2017, the Treasury Department and the Internal Revenue Service (IRS) issued <link.exclude>Announcement 2017-4 to</link.exclude> provide relief from <link.exclude>Internal Revenue Code (Code) Section 4975 </link.exclude>excise taxes that may otherwise apply during the temporary non-enforcement period provided by the <link.exclude>Department of Labor's (DOL's) Field Assistance Bulletin No. 2017-01 (</link.exclude>FAB 2017-01). FAB 2017-01 provides a temporary non-enforcement policy related to the DOL's recent proposed rule that would extend for 60 days the applicability date of the final rule defining fiduciary investment advice under Section 3(21)(A)(ii) of the Employee Retirement Income Security Act of 1974, as amended (ERISA).

  • What's Market Executive Employment Agreements for the Week Ending March 29, 2017 Published on March 28, 2017 Legal update: archive

    A list of executive employment agreement summaries recently published by What's Market. What's Market provides a continuously updated database of executive employment agreements that allows you to search agreements using filters, such as the employer's industry, the executive's position, and the agreement's governing law. What's Market also contains links to the underlying public documents.

  • New and Updated in Health and Welfare Plans (Q1 2017) Published on March 28, 2017 Legal update: archive

    New from Practical Law Employee Benefits & Executive Compensation! A collection of the top Health and Welfare Plan resources we have published or significantly updated in Q1 of 2017.

  • What's Market Executive Employment Agreements for the Week Ending March 22, 2017 Published on March 21, 2017 Legal update: archive

    A list of executive employment agreement summaries recently published by What's Market. What's Market provides a continuously updated database of executive employment agreements that allows you to search agreements using filters, such as the employer's industry, the executive's position, and the agreement's governing law. What's Market also contains links to the underlying public documents.

  • Featured: What's Market: Technology Sector Founder-CEO Employment Agreements Published on March 21, 2017 Legal update: archive

    Our What's Market comparison report compares the compensation of Evan Spiegel of Snap Inc., Jan Koum of WhatsAPP Inc. and Jack Dorsey of Square.

  • What's Market Executive Employment Agreements for the Week Ending March 15, 2017 Published on March 14, 2017 Legal update: archive

    A list of executive employment agreement summaries recently published by What's Market. What's Market provides a continuously updated database of executive employment agreements that allows you to search agreements using filters, such as the employer's industry, the executive's position, and the agreement's governing law. What's Market also contains links to the underlying public documents.

  • Featured: HIPAA, Health Apps, and Group Health Plan Compliance Published on March 14, 2017 Legal update: archive

    Our Expert Q&A addresses how the Health Insurance Portability and Accountability Act (HIPAA) applies to health apps.

  • Eighth Circuit Remands Tussey v. ABB, Inc. for a Second Time, Instructing District Court to Evaluate Methods of Measuring Plan Losses Caused by Fiduciary Breach Published on March 14, 2017 Legal update: archive

    In Tussey v. ABB, Inc., the US Court of Appeals for the Eighth Circuit held that the district court, which on remand ruled that the ABB, Inc. retirement plan fiduciaries breached their fiduciary duty to several retirement plans under the Employee Retirement Income Security Act of 1974 (ERISA), erred by not evaluating different methods of measuring what the plan participants lost as a result of the breach.

  • DOL Issues Temporary Enforcement Policy on Fiduciary Investment Advice Rule Published on March 13, 2017 Legal update: archive

    On March 10, 2017, the Department of Labor (DOL) issued<link.exclude> Field Assistance Bulletin No. 2017-01 (FAB 2017-01</link.exclude>) announcing a temporary enforcement policy related to the DOL's recent proposed rule that would extend for 60 days the applicability date of the final rule defining fiduciary investment advice under Section 3(21)(A)(ii) of the Employee Retirement Income Security Act of 1974, as amended (ERISA). FAB 2017-01 provides that the DOL will not initiate enforcement actions during any potential gap period that results from the fiduciary rule becoming applicable before the proposed rule extending the applicability date becomes final or in the event the DOL decides not to delay the fiduciary rule.

  • Featured: IRS Issues New Operational Compliance List Published on March 07, 2017 Legal update: archive

    Practical Law's Article summarizes the Operational Compliance List (OC List) issued by the IRS. The OC List identifies the changes to the tax-qualification requirements for retirement plans.

  • What's Market Executive Employment Agreements for the Week Ending March 8, 2017 Published on March 07, 2017 Legal update: archive

    A list of executive employment agreement summaries recently published by What's Market. What's Market provides a continuously updated database of executive employment agreements that allows you to search agreements using filters, such as the employer's industry, the executive's position, and the agreement's governing law. What's Market also contains links to the underlying public documents.

  • DOL Delays Applicability of Fiduciary Investment Advice Rule by 60 Days Published on March 02, 2017 Legal update: archive

    On March 1, 2017, the Department of Labor (DOL) issued a proposed rule that delays by 60 days the applicability of the final fiduciary investment advice regulation that replaces the existing regulatory interpretation of fiduciary investment advice under Section 3(21)(A)(ii) of the Employee Retirement Income Security Act of 1974 (ERISA) (81 Fed. Reg. 20945 (Apr. 8, 2016)) (fiduciary rule).

  • Featured: Negotiating ERISA Service Provider Contracts During DOL Review Of Fiduciary Rule Published on March 01, 2017 Legal update: archive

    Practical Law has substantially revised its Fiduciary Definition Savings Clause to assist plan fiduciaries negotiating contracts that may be impacted by the fiduciary rule during the OMB review period. It provides that the parties will meet and renegotiate certain provisions of the contract that would conflict with the rule if and when the rule becomes applicable.

  • IRS Extends Deadline for QSEHRA Initial Notices Published on February 28, 2017 Legal update: archive

    In Notice 2017-20, the Internal Revenue Service (IRS) extended the deadline for employers to provide eligible employees initial written notices regarding qualified small employer health reimbursement arrangements (QSEHRAs), which were made available under the 21st Century Cures Act.

  • What's Market Executive Employment Agreements for the Week Ending March 1, 2017 Published on February 28, 2017 Legal update: archive

    A list of executive employment agreement summaries recently published by What's Market. What's Market provides a continuously updated database of executive employment agreements that allows you to search agreements using filters, such as the employer's industry, the executive's position, and the agreement's governing law. What's Market also contains links to the underlying public documents.

  • Participants Entitled to Enhanced Pension Plan Benefits After Termination with Controlled Group Member Post-Change in Control: Eighth Circuit Published on February 24, 2017 Legal update: archive

    In Knowlton v. Anheuser-Busch Companies Pension Plan, the US Court of Appeals for the Eighth Circuit held that a class of former salaried employees who participated in their company's pension plan were entitled to enhanced pension benefits under the plan because they were involuntarily terminated from employment with a member of the company's controlled group within three years of a change in control, regardless of the fact that they continued working in the same position.

  • ACA Reinsurance Program Applies to Government Employers: Sixth Circuit Published on February 21, 2017 Legal update: archive

    The US Court of Appeals for the Sixth Circuit has affirmed a district court ruling that the transitional reinsurance program under the Affordable Care Act (ACA) applies both to private employers and state and local government employers.

  • In $5.5 Million HIPAA Settlement, HHS Cites Faulty Security Audit Controls Published on February 21, 2017 Legal update: archive

    The Department of Health and Human Services (HHS) announced a $5.5 million settlement with a public health care system, and covered entity under the Health Insurance Portability and Accountability Act (HIPAA), to address potential HIPAA violations involving the disclosure of individuals' protected health information.

  • Featured: Employee Benefits & Executive Compensation Advisory Board Published on February 21, 2017 Legal update: archive

    Practical Law Employee Benefits & Executive Compensation (EBEC) works with an Advisory Board that includes some of the most respected EBEC practitioners in the field.

  • What's Market Executive Employment Agreements for the Week Ending February 22, 2017 Published on February 21, 2017 Legal update: archive

    A list of executive employment agreement summaries recently published by What's Market. What's Market provides a continuously updated database of executive employment agreements that allows you to search agreements using filters, such as the employer's industry, the executive's position, and the agreement's governing law. What's Market also contains links to the underlying public documents.

  • District Court Turns Back Claim Involving Accidental Suffocation Published on February 14, 2017 Legal update: archive

    In a benefits dispute involving a plan exclusion for suicide or self-inflicted injuries, the US District Court for the Eastern District of Kentucky granted an insurer's motion to dismiss and rejected a participant's argument that the insurer improperly denied his benefits claims under the Employee Retirement Income Security Act of 1974 (ERISA).

  • What's Market Executive Employment Agreements for the Week Ending February 15, 2017 Published on February 14, 2017 Legal update: archive

    A list of executive employment agreement summaries recently published by What's Market. What's Market provides a continuously updated database of executive employment agreements that allows you to search agreements using filters, such as the employer's industry, the executive's position, and the agreement's governing law. What's Market also contains links to the underlying public documents.

  • Featured: Taking Advantage of the Updated EPCRS Published on February 07, 2017 Legal update: archive

    Practical Law has updated its resources for the new guidance on the Employee Plans Compliance Resolution System (EPCRS).

  • What's Market Executive Employment Agreements for the Week Ending February 8, 2017 Published on February 07, 2017 Legal update: archive

    A list of executive employment agreement summaries recently published by What's Market. What's Market provides a continuously updated database of executive employment agreements that allows you to search agreements using filters, such as the employer's industry, the executive's position, and the agreement's governing law. What's Market also contains links to the underlying public documents.

  • President Trump Issues Memorandum Directing DOL to Review Fiduciary Investment Advice Regulation Published on February 06, 2017 Legal update: archive

    On February 3, 2017, President Trump issued a memorandum that directs the Department of Labor (DOL) to review the fiduciary investment advice regulation issued by the DOL on April 8, 2016 (fiduciary rule) and currently scheduled to become effective on April 10, 2017. The memorandum directs the DOL to examine the fiduciary rule and determine if it negatively impacts investors and retirees or is otherwise inconsistent with the priorities of the Trump administration.

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