Retirement Dollars Could Fuel the Next Retail and Real Estate Investment Boom
August 15, 2025 | Publications
More than 90 million Americans participate in employer-sponsored defined contribution plans like 401...
New IRS Form Simplifies Section 83(b) Elections: What You Need to Know
February 5, 2025 | Blogs
On November 7, 2024, the IRS introduced new Form 15620 (Section 83(b) Election) that a taxpayer may ...
Health and Welfare Plan Grab Bag
February 4, 2025 | Publications
There have been a number of legal developments in recent months, from newly passed laws to recent co...
NLRB Continues Assault on Employers’ Free Speech Rights: Bans Mandatory Captive-Audience Meetings
November 20, 2024 | Publications
Well, here we go again. On November 13, the National Labor Relations Board (NLRB or Board), in Amazo...
DOL’s 2024 Salary Rule Vacated Nationwide: Essential Insights for Employers
November 19, 2024 | Publications
In State of Texas v. United States Department of Labor, et al., the U. S. District Court for the Eas...
Long-Awaited Publishing of Kentucky Department of Revenue Administrative Writings – Will They or Won’t They?
November 6, 2024 | Blogs
While the 2024 Kentucky Legislative Session was pretty quiet on the tax reform front, there was one ...
When the Leopard Changes Its Spots: An Employer’s Change in Status Imperils Its Eligible 457(b) Plan
September 4, 2024 | Publications
Imagine if a minor shift in your organization’s status—something seemingly superficial, like the...
Texas Court Pulls the Plug on FTC’s Non-Compete Ban: Rule Set Aside Nationwide
August 21, 2024 | Publications
On August 20, 2024, a Texas federal court set aside the Federal Trade Commission’s (FTC) Final Rul...
Federal Courts Divided over FTC’s Non-Compete Ban Final Rule
August 7, 2024 | Publications
Only a few weeks after a Texas federal court found the Federal Trade Commission’s (FTC) Final Rule...
HIPAA Final Rule Addressing Reproductive Health Requires Significant Compliance Measures by December 2024
July 30, 2024 | Blogs
Changes to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) will require stak...
Automotive Industries Pension Plan Receives $1.1 Billion Dollars
December 5, 2023 | Publications
The Automotive Industries Pension Plan (“Plan”), a Taft-Hartley multiemployer (union) pensio...
ESOPs Encouraged but Do It Right! SECURE 2.0 ESOP Provisions and Expanded IRS Focus
August 17, 2023 | Publications
The SECURE 2.0 Act of 2022 (SECURE 2.0), which was passed as 2022 wound down, expands on the Setting...
New Rules Require Plans to ‘Chase Time’ – Coverage for Long-Term Part-Time Employees
August 15, 2023 | Publications
Certain 401(k) and 403(b) plans must be amended to allow part-time employees to participate under ne...
Federal & State Tax Implications of Kentucky’s New Employee Child Care Assistance Partnership Program
August 3, 2023 | Blogs
Governor Andy Beshear signed House Bill 499 into law in April 2022, thereby creating a new program c...
Construction Contractor Must Pay Subcontractors’ Union Fringe Benefit Fund Contributions Due to Subcontract Language Deficiency
May 24, 2023 | Publications
A federal district court in Michigan recently held that a union road construction general contractor...
Important Alert for 401(k) and 403(b) Plans that Do Not Allow Participants to Make Roth Contributions
May 1, 2023 | Blogs
The recent comprehensive retirement plan legislation, often called SECURE 2.0, made an important cha...
SECURE 2.0 Changes to Retirement Plan Corrections
April 20, 2023 | Publications
Our overview of Division T of the Consolidated Appropriations Act, titled “The SECURE 2.0 Act of 2...
Want to Use the Money in Your IRA for Loans or Certain Related Investments? Think Again
March 22, 2023 | Blogs
Many individuals have accumulated significant funds in their individual retirement accounts (IRAs), ...
IRS Proposes 401(k) Forfeiture Rules
March 21, 2023 | Publications
On February 27, the Internal Revenue Service (IRS) issued proposed regulations on when and how forfe...
Relief for Reporting RMDs for IRAs in 2023
March 16, 2023 | Blogs
On March 7, 2023, the Internal Revenue Service (IRS) released Notice 2023-23, which provides guidanc...
Think Twice Before Agreeing to Contribute to a Multiemployer Pension Plan, Especially if It Is Not at Least 100% Funded
March 1, 2023 | Blogs
This article was republished in the Employee Relations Law Journal. Many union employers agree to co...
Important Proposed Changes in IRA Distribution Rules for “10-Year Payout” Beneficiaries
February 24, 2023 | Blogs
This article was republished in the Employee Relations Law Journal. If tax regulations proposed by t...
SECURE 2.0 for 401(k) and 403(b) Plans – What’s New and When’s it Effective?
February 7, 2023 | Publications
While some of us were busy with holiday celebrations and planning for the new year, Congress passed ...
Deja Vu: DOL Issues Final Rule on Use of ESG Factors and Shareholder Rights…Again
December 12, 2022 | Publications
On November 22, 2022, the Department of Labor (DOL) released a Final Rule, titled “Prudence and Lo...
401(k) Limits Increased for 2023
November 18, 2022 | Publications
On October 21, 2022, the Internal Revenue Service issued the cost-of-living adjustments for contribu...
Employee Benefit Plan Year-End Deadlines
November 14, 2022 | Blogs
Individuals in the employee benefits space are used to dealing with year-end benefit plan amendments...
Considerations for Employer Group Health Plans in the Aftermath of Dobbs
October 7, 2022 | Blogs
On June 24, 2022, the U.S. Supreme Court decided in Dobbs v. Jackson Women’s Health Organization t...
IRS Notice 2022-33 Extends Deadline for Retirement Plan Amendments
August 19, 2022 | Blogs
The Internal Revenue Service (IRS) recently published Notice 2022-33, extending the deadlines for am...
State-Mandated Retirement Plans – Coming to a State Near You?
June 7, 2022 | Publications
With approximately 30% of all private-sector employees not having access to a workplace retirement p...
Health and Welfare Plans 2022 Update
June 7, 2022 | Publications
HHS Transparency Rule likely to require amendment to TPA confidentiality agreement provision The U.S...
Five Reasons DOL (Almost) Prohibits 401(k) Cryptocurrency Investments | Fiduciary Focus Series
March 25, 2022 | Blogs
The Department of Labor’s Employee Benefits Security Administration (DOL) issued Compliance Assist...
DOL Refines Its Position Regarding Private Equity in 401(k) Plans | Fiduciary Focus Series
January 20, 2022 | Publications
On December 21, 2021, the Department of Labor (DOL) issued a Supplemental Statement clarifying earli...
The Long and Winding Road: The DOL’s Proposed Rule on ESG Factors and the Exercise of Shareholder Rights | Fiduciary Focus Series
October 27, 2021 | Publications
On October 13, 2021, the Department of Labor (DOL) released its proposed “Prudence and Loyalty in ...
DOL Issues FAQs on Lifetime Income Illustrations | Fiduciary Focus Series
September 2, 2021 | Publications
The Department of Labor (DOL) issued “temporary implementing FAQs” on July 26, 2021. The FAQs cl...
Is there really an exemption from union pension plan withdrawal liability for the trucking industry?
August 23, 2021 | Publications
In a multiemployer/union benefit plan, two or more employers contribute under the terms of one or mo...
What’s in the 86 COBRA Subsidy Q&As Released by the IRS?
June 15, 2021 | Publications
On May 18, 2021, the Internal Revenue Service (IRS) released Notice 2021-31 (“Notice”), a set of...
Temporary Relief for Dependent Care Assistance Programs
May 18, 2021 | Blogs
The shutdown of worksites and childcare facilities in 2020 presented many challenges for both employ...
New DOL Rule Withdraws Trump-era Employee v. Independent Contractor Test in Favor of Historic Seven-Factor Test
May 14, 2021 | Blogs
On May 6, 2021, the U.S. Department of Labor (DOL) issued a final rule that withdraws a Trump-era ap...
“A Long Time Comin’”: The DOL issues Cybersecurity Guidance | Fiduciary Focus Series
May 12, 2021 | Blogs
On April 14, 2021, the U.S. Department of Labor (DOL) issued guidance on cybersecurity for employee ...
COBRA Subsidy Effects on Severance Programs and Employee Separations
April 9, 2021 | Publications
The American Rescue Plan Act of 2021 (ARPA) was signed into law on March 11, 2021. The ARPA, among o...
IRS Announcement 2021-7: PPE as Qualified Medical Expense
April 1, 2021 | Blogs
In Announcement 2021-7 issued on March 26, 2021, the IRS announced that amounts paid for personal pr...
The Return of COBRA Subsidies: Flashbacks of 2009
March 19, 2021 | Publications
The $1.9 trillion American Rescue Plan Act of 2021 (“Act”) was signed into law by President Joe ...
New DOL Rules: Employers Need to Notify Participants of COBRA, Special Enrollment and Claims Deadlines
March 18, 2021 | Coronavirus Response Team
New guidance issued by the Department of Labor (DOL) provides a new procedure for tolling COBRA, spe...
Additional COVID-19 125 Plan and Flexible Spending Account Relief
March 11, 2021 | Coronavirus Response Team
A new IRS Notice released in late February 2021 further extends an employer’s ability to offer add...
Employer Receives a Multiemployer (Union) Pension Plan Withdrawal Liability Assessment – What To Do Next?
February 12, 2021 | Blogs
This blog post summarizes the steps an employer must take if it wants to appeal an assessment of wit...
“You’re Gonna Miss Me When I’m Gone:” Missing Participants – Employer Retirement Plan Responsibilities | Fiduciary Focus Series
February 11, 2021 | Blogs
Pension plan and 401(k) plan fiduciaries, including employers who are the plan administrators under ...
EEOC Issues Proposed Rule on Permitted Wellness Program Incentives
February 8, 2021 | Publications
On January 7, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) issued a proposed rule d...
Best Practices for Fiduciary Review of ESOP Valuations
February 4, 2021 | Publications
The valuation of a private company’s stock is central to the operation of an employee stock owners...
What’s in the Longest Bill Congress Has Ever Passed? Employee Benefits Provisions in the Consolidated Appropriations Act
January 13, 2021 | Blogs
At 5,593 pages, the Consolidated Appropriations Act, 2021 (“Act”) is the longest bill ever passe...
Supreme Court Hears Oral Arguments on Latest ACA Case
November 30, 2020 | Blogs
On November 10, 2020, the U.S. Supreme Court heard oral arguments (via teleconference) on the latest...
Sun Capital Won This One, But Pension Plan Withdrawal Liability Still Presents a “Risky Gambit” to Private Equity Funds
November 18, 2020 | Blogs
A federal district court recently called investments in private companies that participate in a mult...
SURPRISE! You may be liable for union pension plan withdrawal liability
November 18, 2020 | Blogs
When a participating employer stops contributing to, or no longer has an obligation under a collecti...
New Transparency in Pricing Rules Require Health Insurers to Disclose Health Care Cost and Cost-Sharing Information
November 16, 2020 | Blogs
On October 29, 2020, the Department of Health and Human Services, the Department of Labor, and the D...
IRS Updates Retirement Plan Tax Notice for Participants
September 25, 2020 | Blogs
The IRS recently updated the tax notice, “Your Rollover Options,” which 401(k) and other qualifi...
DOL Guidance on Lifetime Income Illustrations: Coloring Within the Lines | Fiduciary Focus Series
September 22, 2020 | Publications
The Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019 included several life...
COVID-19 Layoffs Can Cause Partial Retirement Plan Termination
September 17, 2020 | Coronavirus Response Team
The COVID-19 pandemic has caused nationwide “shelter-at-home” proclamations from state and local...
Lions, Tigers, Bears and CARES – Retirement Plan Compliance
August 20, 2020 | Blogs
The IRS has now answered many of the new questions raised after the Coronavirus Aid, Relief, and Eco...
IRS Provides Guidance on 2020 Waiver of Retirement Plan Required Minimum Distributions
August 13, 2020 | Blogs
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), a relief package in response to ...
Need to Change Safe Harbor Contributions in Your Safe Harbor 401(k) Plan During 2020? Timing is Everything
August 13, 2020 | Blogs
As employers look for ways to reduce expenses or address cash flow issues, many are considering a re...
IRS Allows Employees to Donate Paid Leave to Charity in 2020
August 11, 2020 | Blogs
In Notice 2020-46 (the “Notice”), the Internal Revenue Service (IRS) created a new avenue for em...
DOL Reinstates Five-Part Test for Fiduciary Investment Advice | Fiduciary Focus Series
August 3, 2020 | Blogs
On June 29, 2020, the U.S. Department of Labor (DOL) proposed a new prohibited transaction exemption...
Eight Reasons to Have an Investment Policy Statement for Your Retirement Plan | Fiduciary Focus Series
July 21, 2020 | Blogs
A plan investment policy statement (IPS) is a written statement intended to provide a plan’s inves...
New Proposed Rule Provides Flexibility For Grandfathered Group Health Plans
July 20, 2020 | Blogs
The Trump administration has just issued a new proposed rule which, if finalized, will provide great...
How Turbulent Times Might Impact Executive Contracts and Compensation
June 24, 2020 | Coronavirus Response Team
Executive employment contracts and compensation have been more heavily scrutinized for the last coup...
Don’t Leave Eligible FFCRA Tax Credits on the Table
June 12, 2020 | Coronavirus Response Team
Proper Calculation of Qualified Health Plan Expenses Eligible for Sick and Family Medical Leave Tax ...
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Saving the Trees: DOL Issues Final Electronic Disclosure Rule
June 3, 2020 | Publications
On May 21, 2020, the Department of Labor (DOL) issued the final rule on the new electronic disclosur...
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IRS Provides 125 Plan and Flexible Spending Account Relief in Response to COVID-19
May 27, 2020 | Blogs
The Internal Revenue Service (IRS) released Notices 2020-29 and 2020-33 (Notices) on May 12, 2020. T...
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DOL and IRS issue COVID-19 Benefit Plan Rules, COBRA Deadline Extensions and Updated Model COBRA Forms
May 7, 2020 | Blogs
Employers, insurers and benefit plan vendors are all impacted by new guidance issued by the Departme...
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IRS Extends Deadlines for Plan Restatements
April 30, 2020 | Blogs
Due to the coronavirus pandemic, the Internal Revenue Service extended the restatement deadlines for...
Navigating the Plan Asset Rules: ERISA Plan Investment in Private Equity Funds | Fiduciary Focus Series
April 13, 2020 | Blogs
Pension funds subject to the Employee Retirement Income Security Act of 1974, (“ERISA”) serve as...
Employers Can Provide Tax-Free Assistance to Employees Impacted by COVID-19
April 8, 2020 | Blogs
Code section 139 excludes from taxable income “qualified disaster relief payments” made to reimb...
Employee Benefit Plan Changes Under CARES Act
April 1, 2020 | Coronavirus Response Team
The Coronavirus Aid, Relief, and Economic Security Act (CARES Act), a sweeping third-wave relief pac...
Safe Harbor 401(k) Plans: Changes in the Face of Financial Uncertainty | Fiduciary Focus Series
March 24, 2020 | Coronavirus Response Team
This alert focuses on whether, in the throes of the COVID-19 pandemic, plan sponsors can amend their...
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Un-retired: Solutions to Healthcare Worker Shortage
March 18, 2020 | Coronavirus Response Team
While many employers are closing their doors to stem the spread of the COVID-19 virus, other employe...
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Top Compliance Issues Currently Facing Employee Benefit Plans
March 17, 2020 | Coronavirus Response Team
Compliance concerns related to the Health Insurance Portability and Accountability Act (HIPAA), the ...
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Using Qualified Disaster Relief and Employer-Assisted Charities to Aid Employees Impacted by Financial Hardship and Natural Disasters
March 2, 2020 | Coronavirus Response Team
Employers are in search of ways to help employees who have been severely and unexpectedly impacted i...
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SECURE Act Part II: Affordable Care Act, MEPs, and Tax Incentives
February 4, 2020 | Blogs
When the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act) became law o...
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What M&A Transaction Participants Need to Know About the Golden Parachute Rules
January 10, 2020 | Blogs
A “golden parachute” is defined as an agreement between an employer and employee that tr...
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Required and Optional Retirement Plan Changes under the SECURE Act
January 10, 2020 | Blogs
As part of the bill funding the federal government through next September, the Setting Every Communi...
Important Equity Compensation Reporting and Compliance Reminders
January 6, 2020 | Publications
Employers are required to annually report to the IRS all Incentive Stock Option (ISO) exercises and ...
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In 2020 You Can Contribute More to Your 401(k) Plan
November 12, 2019 | Blogs
401(k) Limits Increased for 2020 On November 6, 2019, the Internal Revenue Service issued the cost o...
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Get your 403(b) plan right with the IRS by March 31, 2020
November 12, 2019 | Publications
Plans subject to Section 403(b) of the Internal Revenue Code (403(b) plans) are currently in a “re...
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DOL Attempts to Modernize its Electronic Disclosure Rules with New Proposed Safe Harbor
October 31, 2019 | Blogs
On October 23, 2019, the Department of Labor (DOL) published a proposed rule outlining a new safe ha...
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IRS Finalizes Regulations on 401(k) Plan Hardship Withdrawals
October 23, 2019 | Blogs
On September 23, 2019, the IRS issued final regulations regarding hardship withdrawals from 401(k) P...
The Best Lawyers in America© 2020 Includes 169 Frost Brown Attorneys
August 15, 2019 | Press Releases
Twenty-two earn additional “Lawyer of the Year” title A total of 169 Frost Brown Todd (FBT) atto...
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What’s Going on with Wellness Plans? EEOC Withdraws Incentive Rules and Creates Uncertainties
August 2, 2019 | Publications
Last December, the Equal Employment Opportunity Commission (EEOC) formally withdrew its rules on inc...
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Request Annual Estimate of Multiemployer Pension Plan Withdrawal Liability
July 16, 2019 | Blogs
An employer which participates in an underfunded multiemployer pension plan should request an estima...
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IRS Opens Determination Letter Program for Cash Balance Plans, Pension Equity Plans, and Certain Merged Plans
June 7, 2019 | Blogs
In 2017, the IRS eliminated the ability of sponsors of individually-designed qualified retirement pl...
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COBRA Noncompliance can be Costly
April 12, 2019 | Blogs
Now is a good time for employers to review their COBRA procedures or check with their COBRA vendors ...
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The IRS Backtracks (Again!) on Retiree Lump-Sum Windows
April 3, 2019 | Blogs
On March 7, 2019, the IRS issued Notice 2019-18, which walked back its prohibition on offering retir...
Anatomy of an Employee Stock Ownership Plan (ESOP)
March 10, 2019 | Publications
What is an employee stock ownership plan (ESOP)? An ESOP is a means of providing an identity of in...
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IRS Issues Updated Eligible Rollover Distribution Notices – Plans Should Begin Using Immediately
January 10, 2019 | Publications
Most retirement plans (including profit sharing, 401(k), and 403(b) plans) are required to provide p...
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Changes in Hardship Withdrawal Rules for 401(k) and 403(b) Plans – What Plan Sponsors Need to Know
December 19, 2018 | Publications
Employers who sponsor a 401(k) plan or a 403(b) plan that offers hardship withdrawals have some deci...
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Employer Health Plan Litigation over Residential Treatment and Wilderness Therapy
November 9, 2018 | Publications
If you keep tabs on employer group health plan litigation, you have perhaps noticed a substantial in...
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IRS Final Rules Make Plan Forfeitures More Useful
November 5, 2018 | Publications
This summer, the Internal Revenue Service (IRS) published final rules allowing the use of forfeiture...
SEC Liberalizes Rules for Private Company Equity Compensation
August 30, 2018 | Publications
Equity compensation (including options to purchase stock or LLC units, restricted stock or units, an...
Department of Labor Issues Final Rule Expanding Access to More Affordable Health Insurance for Small Employers and Sole Proprietors
July 16, 2018 | Publications
Department of Labor (DOL) published its Final Rule, adding the new Section 2510.3-5 to CFR Title 29....
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17 Ways to Avoid or Reduce Multiemployer Pension Plan Withdrawal Liability
March 28, 2018 | Blogs
A multiemployer/union benefit plan is a plan that two or more employers contribute to under the te...
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IRS Permits Use of Forfeitures to Fund Safe-Harbor Contributions, QNECs and QMACs
December 15, 2017 | Publications
The IRS has reversed its unfavorable rule that prohibited the use of forfeitures to fund safe-harb...
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DOL Edges Toward Delay on Expanded Fiduciary/Conflict of Interest Rules
March 21, 2017 | Blogs
Financial institutions and investment advisors have little certainty about compliance timing.
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ACA Nondiscrimination Casts Wide Net, But Portion Has Been Enjoined
March 7, 2017 | Blogs
The Department of Health and Human Services (HHS) released final regulations on Section 1557 of the ...