Author Archive
U.S. Pension and Benefits Overview | Employee Benefits
Read an article on International Labor and Employment Laws.
Defending ERISA Fiduciaries Against Claims of Failure to Diversify in a World of Multi-Manager Investments | Employee Benefits
Although they are generally lauded for increasing diversification of investments, investment managers and employee benefit plans need to be aware of the potential for ‘‘overlapping’’ and its impact in situations where ‘‘plan assets’’ are invested in multimanager investments and, in particular, fund of funds (‘‘FoF’’ or ‘‘FoFs’’) investment strategies.
Understanding the ABC’s of Taxing Stock-Based CompensationUnlawful Terminations and the Impact of Recent Court Decisions | Employment Law & Employee Benefits
Employees, in particular executives, may be covered by a wide range of compensation arrangements. These compensation arrangements may involve, for example, tax-qualified pension and retirement plans, health and welfare plans, nonqualified deferred compensation, life insurance and stock-based compensation. The federal income taxation of stock-based compensation is complex. Minor structural differences can dramatically change the tax […]
Lawyers at ABA Conference Debate NLRA, Employment Policies and Courtesy Rules
Blitman & King lawyer, Bryan T. Arnault was a part of a panel during the American Bar Association conference on February 25th in Miami Beach, Florida. The panel discussed major labor law issues including many principles and policy regarding, in particular, federal law and applying said principles to workplace policies and rules. The debate was […]
IRS to Conduct Compliance Reviews of 457(b) Plans
The IRS Employee Plans Compliance Unit (ECPU) is conducting a compliance review of nonqualified deferred compensation plans commonly known as “top hat” plans established under Internal Revenue Code Section 457(b). The ECPU is looking for possible compliance irregularities related to funding, loans, catch-up contributions and plan sponsor eligibility. If you receive an ECPU compliance letter […]
Multiemployer Health Plan Sought Reimbursement for Medical Expense Payments
The United States District Court for the Southern District of New York recently dismissed the claim of a multi-employer health fund for reimbursement of approximately $100,000 from a student accident insurance provider. In Central States Southeast and Southwest Area Health & Welfare Fund v. Gerber Life Insurance Co., the Fund filed an action under ERISA […]
Blitman & King Successfully Represents a Group of Approximately 60 Retirees Before PBGC
Recently we successfully represented a group of approximately 60 retirees before the Pension Benefit Guaranty Corporation (“PBGC”). The PBGC had significantly reduced the pensions of the group due to a Plan Amendment that allegedly increased benefits within five years of Plan termination – – a violation of PBGC rules. Based on lengthy negotiations between this […]
Union Did Not Waive Its Right to Bargain; Second Circuit Affirms NLRB Ruling, Remedy
The U.S. Court of Appeals for the Second Circuit Jan. 17 enforced a National Labor Relations Board decision that Rochester Gas & Electric Corp. vio- lated federal labor law when it refused to bargain over the effects of its policy change regarding corporate van use and failed to provide the workers’ union with re- quested […]