Author Archives: Edmund Emerson

He Fought the Law, and 409A Won

In this recently reported case, one Dr. Sutardja, a recipient of an allegedly discounted option, sued to recover 409A taxes imposed by the IRS.  The case does not decide whether the option was discounted, but Dr. Sutardja argued that his […]

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DoL Representative Sheds Light on Enforcement Priorities

A representative from the Atlanta Regional Office for the Department of Labor recently spoke at an Atlanta Bar Association luncheon and provided some insight into the Employee Benefits Security Administration’s enforcement priorities and some other interesting facts: With regard to […]

Posted in Fiduciary Issues, Health Care Reform, Health Plans, Plan Administration and Compliance, Tax-qualified Retirement Plans, Welfare Plans | Tagged , , , , , , , , | Leave a comment

Fiduciary Fitness Requires Training, or At Least the DoL Thinks So

This recent post on the Plan Sponsor Council of America’s website states that the Department of Labor has recently requested evidence of fiduciary training as part of its audits. While there is no express ERISA requirement that fiduciaries be trained, […]

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New Year’s Resolutions for Plan Fiduciaries

It is that time of the year again for making those New Year’s resolutions – spending more time with family and friends, exercising more, losing weight, quitting smoking, and becoming a better plan fiduciary.  Here are our top ten New […]

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ERISA 4062(e)asier?

Last Friday, the Pension Benefit Guaranty Corporation officially announced a change in enforcement under ERISA § 4062(e) that had been encountered some time ago by practitioners.  This is the “Third Act” in the unfolding saga of 4062(e) enforcement. In broad […]

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Potential Refund Claim for FICA Taxes on Severance Payments Made in a Reduction in Force

On September 7th, 2012, the 6th Circuit upheld the District Court’s decision in U.S. v. Quality Stores, holding that severance payments made to employees in connection with an involuntary reduction in force were not “wages” subject to FICA taxes.  United […]

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Governmental Plans: Are Your Plan Fees Reasonable?

Have you recently received fee disclosures from your plan service providers?  Do you know the total compensation your service providers receive for their services?  Are you aware how these costs impact plan participants?  Are these fees reasonable? All plan fiduciaries, […]

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How Will Taxmageddon Affect You?

In the event the U.S. Supreme Court strikes down the entire 2010 health care reform bill, individual and married taxpayers with income in excess of $200,000 and $250,000 respectively will dodge the 0.9% Medicare surtax on earned income and 3.8% […]

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Recent Guidance on Normal Retirement Age Regulations for Governmental Plans

The IRS and Treasury Department recently issued Notice 2012-29, which provides new guidance for the final “normal retirement age” regulations relating to governmental plans. The Notice provides that the IRS and the Treasury intend to further extend the effective date […]

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Multiemployer Withdrawal Liability “Insurance”

In a recent decision, the Sixth Circuit Court of Appeals upheld an indemnification of multiemployer plan withdrawal liability in an collective bargaining agreement. In the case, the employer and labor union had bargained that the union would indemnify the employer […]

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