Employee Stock Ownership Plans (“ESOPs”) are powerful vehicles for business succession and employee ownership, but they operate under a tightly regulated framework. Because ESOPs are governed by the Employee Retirement Income Security Act of 1974 (“ERISA”), they cannot function like typical corporate buyers or sellers. A ...
Retirement plan committee meetings are not the most glamorous part of plan governance. Minutes can feel like an administrative afterthought—something to finalize quickly and file away. But in today’s retirement plan litigation environment, committee meeting minutes are one of the most powerful tools a plan sponsor has to manage ...
Many employers offer popular pre-tax benefits such as health insurance premiums, health FSAs, and dependent care FSAs, assuming that running deductions through payroll on a pre-tax basis is enough. However, one critical component to offering these plans that is often overlooked is that these benefits generally must be offered pursuant to a ...
I’m often asked to review the benefits and paid leave provisions in employer handbooks. Employers tend to focus first on retirement and health benefits, but significant compliance issues show up elsewhere. By far the most common multi‑state problem I see is an attempt to address state leave requirements with a one‑size‑fits‑all ...
Benefit professionals continue to navigate a regulatory environment made more complicated by SECURE 2.0, and one area ripe for confusion is the rules governing age‑based contribution limits and excess deferrals. While excess deferrals can arise in many situations, the new age‑60–63 “special catch‑up” rule provides an ...
As discussed in a prior post, a wave of ERISA lawsuits has challenged how employers use forfeited 401(k) plan assets, with plaintiffs arguing that applying forfeitures to offset employer contributions (rather than reallocating them to participants) violates a plan sponsor’s fiduciary duties. Employers and regulators argue that plan ...
As we round out the first month of the new year, many employers are reviewing and updating employee handbooks and workplace policies. At the same time, employers are increasingly offering or considering educational benefits in response to the rising cost of college. Employers should, however, take care to ensure these benefits are properly ...
Most ERISA covered plans realize that they need to file an annual Form 5500. A lesser known requirement is that multiple employer welfare arrangements (MEWAs) must also file an initial and annual Form M-1 with the DOL. The penalty for failing to file a Form M-1 is almost as severe as the penalty for failing to file a Form 5500, at a rate of $1,992 per day ...
As we have discussed in previous blogs, there have been a number of recent changes to the HIPAA privacy rule requiring action from plan sponsors. As you will likely recall, in December of 2024, all health plans covered by HIPAA were required to update their HIPAA policies to incorporate additional protections for reproductive health ...
The U. S. Department of Labor, Employee Benefit Security Administration (DOL) just announced changes to its national enforcement projects for 2026. The DOL is tasked with enforcing the Employee Retirement Income Security Act (ERISA) which governs employer-sponsored benefit plans. If your company sponsors an employee benefit plan for your ...