Hotel owner had constructive notice of predecessor’s withdrawal liability

A corporate hotel owner incurred withdrawal liability for the predecessor owner’s unpaid multiemployer plan contributions because the new owner had constructive notice of the withdrawal liability, the U.S. Court of Appeals in San Francisco (CA-9) has ruled. The appeals court reversed the district court’s determination that the new owner had no actual notice and constructive […]

California EDD grants filing relief for victims of fires, storm

The California EDD has granted filing relief for the following: employers in Riverside County directly affected by the Cranston fire; employers in Shasta County directly affected by the Carr fire; employers in Mariposa County directly affected by the Ferguson fire; employers in Lake and Mendocino Counties directly affected by the Ranch and River fire; employers […]

Colorado Division of Insurance releases preliminary 2019 health insurance information

The Colorado Division of Insurance, part of the Department of Regulatory Agencies (DORA), has released preliminary information for proposed health plans and premiums for 2019 for individuals and small groups. Colorado consumers can file formal comments on these plans through August 3. 2018 companies return for 2019. The same seven companies that offered on-exchange, individual […]

Northwestern’s retention of high-cost TIAA-CREF Funds and recordkeeping services did not breach fiduciary duty

A university’s retention of allegedly high cost TIAA-CREF funds and recordkeeping services for its 403(b) plans did not violate ERISA, according to a federal trial court in Illinois. In dismissing the complaint with prejudice, the court stressed that plan participants were afforded alternative lower cost investment options and were not required to participate in the […]

IRS updates procedures for unagreed employment tax cases

The IRS has updated its procedures regarding unagreed employment tax case procedures. When taxpayers disagree with proposed adjustments, it is beneficial to all parties to resolve disputes at the lowest level possible. Code Sec. 7123 provides for alternative dispute resolution techniques by Appeals, which is separate from and independent of the IRS office that proposed […]

Pension & Benefits NetNews – August 7, 2018

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Building data capacity for patient-centered outcome research, 2017 report issued

An annual report providing project descriptions for each of the HHS Office of the Secretary Patient-Centered Outcomes Research Trust Fund (OS-PCORTF) portfolio’s 21 projects that were active in calendar year 2017 has been issued by its administering entity, the Office of the Assistant Secretary for Planning and Evaluation (ASPE). Each project description in the report […]

“Windfall” recovery no defense under ERISA to funds’ claim for unpaid contributions

Under the plain terms of a collective bargaining agreement, an employer was required to pay over $1 million in unpaid contributions, damages, and interest to multiemployer health and annuity funds on behalf of its nonunion employees, even though it provided nonunion employees with health insurance and access to a 401(k) plan, the U.S. Court of […]

Final rules accelerate W-2 filing, modify extension requests

The IRS has finalized rules for filing Forms W-2 and Forms 1099-MISC with box 7 filled in. The final rules accelerate the time for filing these forms and modify extension requests. Under the new rules, there is no automatic extension of time to file: Forms W-2 (except Form W-2G), or Forms 1099-MISC with information in […]

House approves bipartisan health care-related tax packages

The House has cleared two bipartisan health care-related tax packages. The packages, combining several bills, aim to expand health savings accounts (HSAs) and the health insurance premium tax credit, as well as delay the so-called “health insurance tax,” among other things. HSAs. The Increasing Access to Lower Premium Plans and Expanding Health Savings Accounts Bill […]