Author Archives: Hal Morgan

Tibble: Much Ado About Nothing?

Everyone seems to be talking about last month’s Supreme Court decision in Tibble v. Edison International, even though its holding wasn’t all that momentous. But I’m not complaining. As an ERISA lawyer, I love when ERISA developments hit mainstream news […]

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What a Diff’rence Two Months Makes

In a rule published on March 19, 2015, the Department of Labor (“DOL”) indicated that a year can last 14 months, at least when it comes to the disclosure of fees, expenses and other investment-related information by participant-directed individual account […]

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Eligible Rollover Distributions – Safe Harbor Notices Revised

In Notice 2014-74, the Internal Revenue Service (“IRS”) issued amendments to the safe harbor eligible rollover distribution notices – one of which describes the rollover options available to distributions from non-Roth accounts and the other of which describes the rollover […]

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Something Else to Concern Plan Fiduciaries – The Floating NAV Rule

According to the Investment Company Institute, approximately 18%% of all mutual fund assets are invested in money market mutual funds.  An even higher percentage reflects the investment in money market mutual funds held by participant-directed defined contribution plans.  Many of […]

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PBGC Adopts Uniform Premium Due Date

In the latest step of a rulemaking process begun in 2013, on March 11 the Pension Benefit Guaranty Corporation published a final rule which provides that both flat rate and variable rate premiums for small defined benefit plans will be […]

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PBGC Simplifies Premium Payments for Large Plans

On January 3, 2014, the Pension Benefit Guaranty Corporation published a rule changing the due date for flat rate premium payments by large defined benefit plans with 500 or more participants. Effective immediately for plan years beginning on or after […]

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What a Difference a Day Makes

Qualified plans frequently provide that participation commences on an entry date that coincides with or immediately follows completion of a year of service.  While there seems to be no issue with the concept that the calendar year begins on January […]

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FMLA Rights for (Some) Same-Sex Spouses

On August 9, 2013, the Department of Labor (DOL) took its first action in response to the Supreme Court decision in United States v. Windsor, which struck down those provisions of the Defense of Marriage Act (DOMA) prohibiting the treatment […]

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Proposed Wellness Rules Provide Updates and Clarifications

Responsible federal agencies have recently issued proposed amendment to the existing regulations governing wellness programs.  As expected, the proposed amendments increase the maximum permissible reward (or absence of surcharge) under health-contingent wellness programs from 20% to 30% of the cost […]

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Update: Is Prime + 1% a Reasonable Interest Rate for Qualified Plan Loans? Fiduciary Diligence is Necessary

As reported by BNA Pension and Benefits Daily on December 19, 2012, an Internal Revenue Service (“IRS”) official again confirmed in a December 18 webcast that the Prime rate + 1% may not be a reasonable interest rate under the […]

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