Retirement, Pension & Benefits

Undisputed facts showed employee’s FMLA claim barred by statute of limitations

Although an employee pointed out that her work location changed from an office to an aviation runway, and that her shift changed to overnight hours after she returned to work following FMLA leave, the Seventh Circuit declined to reach the merits of her FMLA claims, finding that undisputed facts showed her claim was barred by […]

IRS invites public comments on 2018-2019 Priority Guidance Plan

The IRS has invited the public to submit recommendations for items that should be included on the 2018-2019 Priority Guidance List. The Treasury Department’s Office of Tax Policy and the IRS use the Priority Guidance List each year to identify and prioritize the tax issues that should be addressed through regulations, revenue rulings, revenue procedures, […]

Majority of small business owners worried about cost of health coverage for workers

Nearly 80 percent of small business owners are worried about the cost of health insurance coverage, and 62 percent said that a 15 percent increase in premiums would make their current group health insurance coverage unaffordable, according to recent research from eHealth. However, the study, Small Business Health Insurance: Costs, Trends, and Insights 2017, found […]

Continued plan investment in mutual fund with ownership interest in sponsor’s parent company sufficient to sustain claim for fiduciary breach

Plan participants adequately stated a claim for fiduciary breach against their employer for allowing the continued investment of participant contributions in an underperforming investment fund that was heavily invested in the employer’s parent company, according to the U.S. District Court in Nebraska. Plan mutual fund heavily invested in high risk stock National Indemnity provided participants […]

Financial incentives continue to play key role in success of well-being programs, survey finds

Companies across the country will continue to leverage and expand well-being programs to create healthier and more productive workforces. That’s according to the ninth annual Health and Well-Being Survey from Fidelity Investments and the National Business Group on Health. Financial incentives continue to play a key role in the success of well-being programs: Nearly nine […]

PSCA finds steady increase in 401k automatic features

Plans with an automatic enrollment feature nearly doubled over the past decade, according to the Plan Sponsor Council of America’s (PSCA) 60th Annual Survey of Profit Sharing and 401(k) Plans. PSCA, part of the American Retirement Association, found 59.7 percent of plans had an automatic enrollment feature in 2016 compared to 35.6 percent in 2007. […]

Pension & Benefits NetNews – May 15, 2018

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Industry groups urge Senate to reject new mental health parity penalties

Seven industry groups, including the American Benefits Council, the H.R. Policy Association, the ERISA Industry Committee, and the U.S. Chamber of Commerce, have written a letter to the members of the Senate Health, Education, Labor and Pensions Committee urging them to reject proposals to create a new civil monetary penalty pursuant to the mental health […]

DOL is submitting EBSA-sponsored information collection request on furnishing plan documents to DOL on request

The Department of Labor is submitting an Employee Benefits Security Administration (EBSA) sponsored information collection request titled “Furnishing Documents to the Secretary of Labor on Request Under Employee Retirement Income Security Act Section 104(a)(6)” to the Office of Management and Budget (OMB) for review and approval for continued use, without change. The OMB will consider […]

Little Sisters of the Poor had significantly protectable interest, intervention allowed

The Third Circuit U. S. Court of Appeals has ruled that the Little Sisters of the Poor Saints Peter and Paul Home (Little Sisters) demonstrated sufficient interest in federal litigation involving portions of the religious exemption interim final rule (IFR) to warrant their intervention in defense of the IFR. The Commonwealth of Pennsylvania’s civil action […]