Spencer’s Benefits NetNews – August 10, 2018

  About this Newsletter The Spencer’s Benefits Reports is a summary of the week’s news items posted in the WHAT’S NEW pages of Spencer’s Benefits Reports Online. For questions regarding this email service, contact Customer Service at (800)449-9525. NetNews Subscription Want to receive these Newsletters via E-mail? Sign Up / Unsubscribe hr.cch.com Resources Online Store […]

IRS grants tax relief to victims of severe storms and flooding in Texas

The IRS has announced tax relief for taxpayers who reside or have a business in the federal disaster areas of Cameron and Hidalgo counties, which were affected by severe storms and flooding beginning on June 19, 2018. The relief extends until October 31, 2018 deadlines for filing various returns, including the filing of Form 5500s, […]

Deferred compensation claim of exec fired for not accepting transfer revived, but severance pay claim fails

An executive terminated after he refused to accept a new position within the company was not terminated for “cause” so as to make him ineligible to receive deferred compensation benefits, ruled the D.C. Circuit. The appeals court agreed with the employee that his refusal to accept the transfer to the new position could not reasonably […]

‘Top performer’ demoted week after requesting leave to care for sick husband advances FMLA claim

Demoted after a long and positive tenure with her town employer, and months after being rated a top performer and a “joy to work with,” but only one week after requesting intermittent FMLA leave to care for her cancer-ridden husband, the employee, who ultimately resigned in lieu of termination, can take her FMLA retaliation claim […]

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 […]

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 […]

Pension & Benefits NetNews – August 7, 2018

  NetNews Subscription Want to receive these Newsletters via E-mail? Sign Up / Unsubscribe hr.cch.com Resources Online Store Customer Service Home Page Products & Training News & Information About Links in this Newsletter To access the IntelliConnect™ full text documents you must be a subscriber to the Pension Plan Guide or Employment Benefits Management. Links […]

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 […]