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Oct 31 2012
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Companies May Pay Cash or Employee Benefits, Tax-Free, to Employee Victims of Superstorm Sandy

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Employers can provide benefits, tax-free, under tax code Section 139 and Revenue Ruling 2003-12 to employees who are victims of Superstorm Sandy. And, there is essentially no administration involved for the employer to be able to take advantage of this type of plan.

Oct 29 2012
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Blitman & King Secures Victory On Appeal Before the U.S. Court of Appeals for the First Circuit

admin | Union Labor

On an issue of first impression, Ken Wagner, a partner with Blitman & King secured a victory on appeal for a number of multiemployer benefit funds that sought to shift the burden on record keeping. The case was discussed and highlighted in Bloomberg BNA’s Daily Labor Report (178 DLR AA-1, September 13, 2012, © 2012 […]

Oct 26 2012
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Plan Fiduciaries Liable for Excessive Investment Fees and Imprudent Investments

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In one of the first 401(k) fee class action cases to be decided on the merits, the U.S. District Court for the Western District of Missouri recently ruled in Tussey v. ABB, Inc., that 401(k) plan fiduciaries breached their ERISA fiduciary duties by failing to monitor recordkeeping costs and revenue-sharing payments

Oct 26 2012
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DOL, HHS, and IRS Release Final Regulations on Summary of Benefits and Coverage Requirement

admin | Health & Welfare Plans

The U.S. Departments of Labor, Health and Human Services, and Treasury issued a final rule under the Patient Protection and Affordable Care Act (“PPACA”) that requires group health plans and health insurance issuers to: (1) provide a summary of benefits and coverage (“SBC”) for each benefit package offered under the plan, and (2) make available, upon request, to participants and beneficiaries a uniform glossary of terms commonly used in connection with health insurance coverage.

Oct 26 2012
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HHS Issues Informational Bulletin on Intended Approach for Defining Essential Health Benefits

admin | Health & Welfare Plans

The Department of Health and Human Services (“HHS”) issued a bulletin outlining proposed policies for implementation of the Patient Protection and Affordable Care Act’s (“PPACA”) mandate that insured plans in the individual and small group markets provide “essential health benefits” within the following 10 categories beginning in 2014:

Oct 26 2012
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U.S. Department of Labor Proposes Revisions to FMLA Regulations

admin | Health & Welfare Plans

The DOL published a Notice of Proposed Rulemaking (“NPR”) proposing regulations implementing the changes to the Family and Medical Leave Act (“FMLA”) made by the 2010 National Defense Authorization Act (“NDAA”).

Oct 26 2012
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Cost of Living Increases for Dollar Limitations on Benefits and Contributions

admin | Internal Revenue Service Audits

On October 18, 2012, the I.R.S. announced cost of living adjustments affecting dollar limitations for pension and retirement plans for 2013. Of note:

Oct 15 2012
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Blitman & King Successfully Represents Client in front of the National Labor Relations Board

admin | Labor Litigation

The National Relations Board held, on  October 4, 2012, that a New York State construction company violated labor law by unilaterally withdrawing from collective-bargaining obligations. Dan Brice, a partner with Blitman & King, successfully represented the Union in achieving all relief requested. The case involved a construction company’s attempt to evade its contractual obligations by […]

Oct 5 2012
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B&K Benefits Update Newsletter – Fall 2012

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Please read the Fall 2012 Benefits Update Newsletter here.

Sep 26 2012
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Volume II, Issue 3 | September 2012

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Welcome to the next issue of CUEd In, our guide to the law and business of employee benefits for credit union executives.