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DOL audit letters revised for PPACA: asking for specifics
  • Fox Rothschild LLP
  • USA
  • February 12 2013

By off chance, a client sent me a letter from the Department of Labor conducting an audit of their self-funded health plan. While I have responded to


A quick look at withdrawal liability for employers in the building and construction industry
  • Fox Rothschild LLP
  • USA
  • May 10 2012

Employers who contribute to multiemployer pension funds are more and more concerned with unfunded liability and potential withdrawal liability


Does ERISA preempt breach of contract claims on employment agreements? Yes and no.
  • Fox Rothschild LLP
  • USA
  • May 22 2012

Employment agreements and offer letters that make reference to employee benefits can create a whole host of potential problems


Interest rates assumptions and withdrawal liability: consistency is key
  • Fox Rothschild LLP
  • USA
  • August 29 2012

For employers that withdraw from a multiemployer pension plan, it is now very common that they encounter withdrawal liability


I can't find my spouse: QJSA waivers for disappearing spouses
  • Fox Rothschild LLP
  • USA
  • May 29 2012

I can't find my spouse: believe it or not, benefit plan administrators hear that statement on a regular basis


So what does non-discrimination mean? Health care reform and Section 105(h)
  • Fox Rothschild LLP
  • USA
  • November 8 2010

One of the things that PPACA (or health care reform, or even "Obamacare") adds to the mix of plan administration is the concept that insured health plans will now be subject to "discrimination testing" under IRS Code Section 105(h


Breach of fiduciary duty claims don't automatically create individual remedies
  • Fox Rothschild LLP
  • USA
  • January 14 2013

When the Supreme Court decides not to take a case, that is generally not news. But in the case of the Court's decision to decline a review of Walker


Am I offering a taxable fringe benefit? Check the code
  • Fox Rothschild LLP
  • USA
  • January 21 2013

In the fiscal cliff debates last quarter, there was some discussion about limiting deductions or changing the Tax Code to eliminate certain


Plan documentation: do I give it or not?
  • Fox Rothschild LLP
  • USA
  • February 19 2013

I frequently am asked by plan sponsors and plan administrators about how to respond to a request for "plan documentation." Under Section 104(b)(4) of


Trustees, beware of conflicts: Glenn applies to Taft-Hartley plans
  • Fox Rothschild LLP
  • USA
  • July 12 2010

You might recall from a previous posting that I discussed the Supreme Court's decision in Metropolitan Life Insurance Co. v. Glenn