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  • Legal Alert: New law modifies COBRA subsidy rules

    March 12, 2010

    On March 2, 2010, President Obama signed into law the Temporary Extension Act of 2010 (the “Act”). The Act contains several modifications to the COBRA subsidy rules originally included in the American Recovery and Reinvestment Act of 2009 and later modified by the Department of Defense Appropriations Act of 2010.

  • A non-bankruptcy solution for resolving unaffordable pension liabilities

    March 5, 2010

    During these financially difficult times, many employers are finding that the skyrocketing costs of funding their pension plans are threatening their viability and ultimate survival.

  • Legal Alert: Until death or divorce do us part

    February 26, 2010

    Death is inevitable. Divorce is not. Despite this difference, both events require careful planning to ensure that an individual’s wishes and/or negotiated settlements are achieved.

  • Legal Alert: IRS rules on annuity issues in defined contribution plans

    February 19, 2010

    In a preface to the 2010 policy discussion about enhancing income security in defined contribution plans, the Internal Revenue Service ruled in PLR 200951039 (Sept. 21, 2009) on several issues under current law related to the use of annuity products in these plans.

  • Legal Alert: Complying with the new COBRA extension

    February 12, 2010

    The American Recovery and Reinvestment Act of 2009 was signed on Feb.17, 2009 with the announced purpose of providing a massive economic stimulus to the U.S. economy.

  • Report offers pros the lowdown on litigation

    February 10, 2010

    I know you wish you had a crystal ball, magic mirror or other storybook-like device that could show you if/when an employee was going to sue your company and for what.

  • Legal Alert: Tough times are no excuse for ERISA shortcuts

    February 5, 2010

    Business owners and leaders who are facing financial challenges should consider a mounting series of recent court orders and federal prosecutions as strong reminders of the personal risk they may face for mismanaging employee benefit programs governed by the Employee Retirement Income Security Act of 1974.

  • Top five pitfalls in FLSA compliance

    February 1, 2010

    Wage and hour claims are increasing rapidly, which can be costly to business owners who are unaware of the proper guidelines, attorneys at Potomac, Md.-based law firm Shulman, Rogers, Gandal, Pordy, & Ecker, P.A. have witnessed. Further, class action lawsuits are also becoming increasingly prevalent.

  • Rolling the dice with a Roth rollover

    February 1, 2010

    Much has been written about the ability for individuals to roll over from a 401(k) plan to a Roth IRA, starting this year. Married couples filing jointly and single taxpayers earning under $100,000 in modified adjusted gross income per year were able to participate in Roth IRA rollovers in 2009.

  • Legal Alert: New program allows correction of 409A drafting errors

    January 29, 2010

    The Internal Revenue Service has issued its long-awaited program for correction of errors in drafting nonqualified deferred compensation plans under Internal Revenue Code Section 409A.

  • Supreme Court hears denial-of-benefits case

    January 25, 2010

    The U.S. Supreme Court heard arguments last week in a case that could have far-reaching implications for pension plan administrators and the way in which they interpret the terms of their plans.

  • Legal Alert: Rolling the dice with a Roth IRA rollover

    January 22, 2010

    Much has been written about the ability for individuals to roll over from a 401(k) plan to a Roth IRA, starting this year. Married couples filing jointly and single taxpayers earning under $100,000 in modified adjusted gross income per year were able to participate in Roth IRA rollovers in 2009.

  • DOL hosts free webcast on COBRA extension

    January 21, 2010

    On Friday Jan. 22, the Department of Labor will hold a free online webcast to help employers, plan administrators and service providers comply with the new requirements of the federal COBRA subsidy.

  • DOL wants to define pension consultants as ERISA fiduciaries

    January 15, 2010

    Officials at the U.S. Department of Labor intend to expand ERISA’s definition of a plan fiduciary to include pension consultants and other investment advisers.

  • DOL issues final rule on safe harbor period

    January 14, 2010

    The Department of Labor released today a final rule allows employers with pension and welfare plans with fewer than 100 participants to deposit employee contributions to the plans within 7 business days upon receiving or withholding the funds.

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