| Tax Management Compensation Planning Journal 1998 |
| Title | Subject | Authors |
|---|
| Agencies clarify HIPAA regs. on health FSAs and nondiscrimination involving denial of coverage due to health status factors. (Health Insurance Portability and Accountability Act of 1996 regulations) | Law | |
| Agencies issue interim rules on Mental Health Parity Act provisions. | Law | |
| Another federal district court holds that the ADA's Title III public accommodations provision prohibits discrimination in the content of insurance policies offered directly through an insurer. (Americans with Disabilities Act) | Law | |
| Attorney-client privilege blocks disclosure to participants of non-fiduciary communications with plan sponsor. | Law | |
| COBRA's "other coverage" rule - the law of unintended consequences. (Consolidated Omnibus Budget Reconciliation Act of 1985) | Law | Paul M. Hamburger |
| Court applies Fort Halifax analysis to a retention agreement and finds it is an ERISA plan. | Law | |
| Court holds that employer breached fiduciary duty by failing to provide a COBRA notice to a terminated employee. (Consolidated Omnibus Budget Reconciliation Act of 1985) | Law | |
| Court of Appeals precludes General Signal from deducting amounts used to pre-fund medical and life insurance benefits. | Law | |
| Courts split on whether insured LTD plan violates ADA by providing longer period of benefits for physical than for mental disabilities. (long-term disability plan, Americans with Disabilities Act) | Law | |
| Department of Labor issues proposed regulations concerning content of summary plan descriptions including information concerning the Newborns' and Mothers' Health Protection Act of 1996. | Law | |
| Directed trustee not subject to ERISA liability as fiduciary or co-fiduciary. | Law | |
| DOL advisory opinion permits ERISA plan to transfer life insurance policy to an individual participant.(U.S. Labor Dept.) | Law | |
| DOL reaffirms warning to employee benefit plan administrators about year 2000 problems and issues fiduciary-related Y2K questions and answers. (U.S. Labor Dept., year 2000 computer compliance problem) | Law | |
| DOL releases Prop. Regs. on insurance company general accounts. (U.S. Dept. of Labor proposed regulations) | Law | |
| Early retirement election cannot be disregarded in favor of disability benefits and full pension. | Law | |
| Employee plans voluntary correction programs consolidated into new Employee Plans Compliance Resolution System (EPCRS). | Law | |
| Employer may exclude groups of employees, including leased employees from its pension plan, even if the leased employees are common law employees. | Law | |
| Employer's one-time payment to s. 401(k) plan to restore losses incurred by mismanaged self-directed investments does not disqualify plan. | Law | |
| FICA tax relief under 1978 Revenue Act section 530 is not available for hospital interns' refund claims. | Law | |
| Gifts of nonvested employee stock options are not completed gifts for estate and gift tax purposes. | Law | |
| Governmental section 457 plan avoids section 457 contribution limitations by not establishing a trust to hold contributions. (IRC s. 457) | Law | |
| HCFA issues proposed rules for electronic transactions involving health plan data by health plans health care clearinghouses and health care providers. (Health Care Financing Administration) | Law | |
| HIPAA and Newborns' and Mothers' Health Protection Act interim regulations issues.(government agency regulations; Health Insurance Portability and Accountability Act of 1996) | Law | |
| How to plan for Y2K issues affecting welfare plans from the employer's perspective. | Law | Diane J. Fuchs |
| Important employee benefits-related provisions of 1998 tax legislation. | Law | Jewell Lim Esposito, David E. Rubinsky |
| Individual does not qualify as IRA trustee; account holders suffer consequences. | Law | |
| Individually designed plans may obtain determination letters that do not include GATT, USERRA, SBJPA or TRA '97.(employee benefit plans)(Uniformed Services Employment and Reemployment Rights Act; Small Business Job Protection Act of 1996) | Law | |
| Insurance agent who terminated employment is barred from applying ERISA or ADEA. (Age Discrimination in Employment Act of 1967) | Law | |
| IRS and Treasury release 1998 priorities list. | Law | |
| IRS and Treasury seek comments on regulations to provide employers more flexibility in amending plans to modify or eliminate optional forms of benefit. | Law | |
| IRS approves changes in asset valuation method and software for defined benefit plans. | Law | |
| IRS approves master secular trust arrangement holding group annuity contract on behalf of natural persons. | Law | |
| IRS approves proposal to create new medical savings account product. | Law | |
| IRS clarifies two aspects of the long term care grandfather rule under HIPAA. (Health Insurance Portability and Accountability Act of 1996) | Law | |
| IRS finalizes regulations for eliminating pre-retirement distribution option after age 70 1/2 and includes new plan amendment deadline for union plans. | Law | |
| IRS issues additional guidance on obtaining section 457 plan rulings for 1996 and 1997 tax law changes and for adopting model amendments reflecting recent tax law changes. (IRC s. 457) | Law | |
| IRS Issues guidance concerning new procedures for processing employment tax cases involving worker classification and section 530 of the Revenue Act of 1978. | Law | |
| IRS issues guidance on Roth IRA reconversions. | Law | |
| IRS issues section 401(k) guidance. | Law | |
| IRS provides guidance on GATT, SBJPA changes to section 415 limits. (Small Business Job Protection Act of 1996, Internal Revenue Code section 415) | Law | |
| IRS rules favorably on deferred compensation under section 457 for independent contractors. (IRC s. 457) | Law | |
| IRS supports COBRA beneficiary's right to continuation coverage even though beneficiary had preexisting dual coverage. (Consolidated Omnibus Budget Reconciliation Act of 1985) | Law | |
| Judge issues plea to expand civil enforcement provisions under ERISA. | Law | |
| Limiting mental illness disability benefits without actuarial justification violates the Americans with Disabilities Act. | Law | |
| Microsoft loses another round to misclassified employees. | Law | |
| Minimum required distribution rules clarified again. (IRS rules) | Law | |
| Mitigation of damages is not required when participant's claim for benefits under ERISA plan is improperly denied due to procedural errors. | Law | |
| More flexibility for trusts as beneficiaries of retirement plan benefits. | Law | |
| New cafeteria plan regulations affecting elections issued. | Law | |
| New cafeteria plan regulations: many questions still remain. | Law | Diane J. Fuchs, Norma M. Sharara |
| New determination letter program opens for section 401(a) and section 403(b) plans with unified remedial amendment period for TRA '97, SBJPA, USERRA and GATT. (Taxpayer Relief Act of 1997, Small Business Job Protection Act of 1996, Uniformed Services Employment and Reemployment Rights Act of 1994) | Law | |
| New DOL proposed regulations concerning procedures applicable to all ERISA plans.(U.S. Labor Dept.) | Law | |
| New guidance on plan loans. (IRS regulations) | Law | |
| New, lower capital gain rates apply to net unrealized appreciation in employer securities distributed from qualified plans. | Law | |
| No breach of fiduciary duty in Unisys Executive Life GIC litigation; ERISA section 404(c) protection upheld. | Law | |
| Nonvested terminated employee with employer contributions in suspense account not an affected employee for section 411(d)(3) purposes upon plan termination. (IRC s. 411(d)(3)) | Law | |
| Not all protected benefits need be preserved after trustee-to-trustee transfer. | Law | |
| Notice 98-2 provides guidance on taxation of annuities from qualified plans. (IRS Notice 98-2) | Law | |
| Partnership entitled to deduction for compensatory stock options and SARs granted to partnership employees by corporation/general partner. (stock appreciation rights) | Law | |
| PBGC issues final rule regarding recoupment and reimbursement of benefit overpayments and underpayments. (Pension Benefit Guaranty Corp.) | Law | |
| PBGC issues final rules on standard terminations; more flexibility for plan administrators. (Pension Benefit Guaranty Corp.) | Law | |
| PBGC waives small employer reporting of missed quarterly contributions. (Pension Benefit Guaranty Corp.) | Law | |
| Plan administrators be advised: treatment of severance pay as plan "compensation" raises complex issues. | Law | Bernard F. O'Hare |
| Plan fiduciaries strictly liable for ESOP's prohibited transaction, even through no breach of fiduciary duty occurred. (employee stock ownership plan) | Law | |
| Pomeroy introduces Retirement Account Portability Act of 1998. (Congressman Earl Pomeroy) | Law | |
| President's 1999 budget proposal contains pension reform provisions. | Law | |
| Proceeds of a settlement from an ERISA lawsuit are taxable. | Law | |
| Proposed examination guidelines under sections 404 and 412. (Internal Revenue Code sections 404, 412) | Law | |
| Proposed Roth IRA regulations issued in question and answer format.(IRS regulations) | Law | |
| PTCE 77-3 applies to plan's in-kind exchange of plan assets for proprietary mutual funds. (Prohibited Transaction Class Exemption 77-3) | Law | |
| Qualified retirement plan for public school teachers funded using unused sick leave approved by IRS. | Law | |
| Restoration payments to retirement plan deductible. | Law | |
| Right to vote ESOP shares not a plan asset. (employee stock option plan) | Law | |
| Roth IRA update. | Law | Mark B. Wychulis, Dan S. Brandenburg |
| SEC proposes increase in dollar limits under Rule 701 and registration of options transferred to family members on Form S-8. | Law | |
| Severance pay in corporate transactions. | Law | Michael A. Hepburn |
| Should options be more ISO-metrical after TRA '97? (incentive stock options, Taxpayer Relief Act of 1997) | Law | Robert K. Buchanan Jr. |
| Supreme Court rules that pre-existing coverage does not preclude COBRA election and coverage. (U.S. Supreme Court, Consolidated Omnibus Budget Reconciliation Act of 1985) | Law | |
| Tapping the "K" - loans and hardship distributions from section 401(k) plans. | Law | Robert Litvin |
| Ten percent early withdrawal penalty generally applies, no matter how sympathetic the facts may be. (IRAs and qualified plans) | Law | |
| The Mental Health Parity Act: an overview of new group health plan participant protections. | Law | Paul T. Schultz |
| The provision of investment advice under prohibited transaction exemption 97-60. (U.S. Dept. of Labor PTE 97-60) | Law | Marcia S. Wagner |
| Third Circuit holds that Curtiss-Wright Corp. properly delegated authority to amend retiree health plan and correctly implemented the amendment. (U.S. 3rd Circuit Court of Appeals) | Law | |
| Three party compensation deferrals: an analysis of PLR 981005. (IRS letter ruling) | Law | Kenneth G. Robbett |
| Treasury issues new COBRA/HIPAA guidance. (Consolidated Budget Reconciliation Act of 1985, Health Insurance Portability and Accountability Act of 1996) | Law | |
| Treasury seeks comments concerning paperless transactions in administering retirement plans. (U.S. Treasury Dept.) | Law | |
| Trustee not liable for alleged breach of fiduciary duties due to sale and immediate buy-back of ESOP stock. (employee stock ownership plan) | Law | |
| Two wrap-around deferred compensation plans approved by IRS. | Law | |
| Value of medical discount cards that are part of employer-sponsored health plan is excludible from employee's income but not deductible by the partners of the employer as a medical expense. | Law | |
| Worker misclassification - a qualified plan perspective. | Law | Dennis R. Coleman |
This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.
