San Francisco ERISA Advisor

11/05/2021

https://www.whitehouse.gov/briefing-room/statements-releases/2021/11/04/fact-sheet-biden-administration-announces-details-of-two-major-vaccination-policies/

New OSHA and CMS Rules Mean Two-Thirds of All Workers Now Covered by Vaccination Rules Thanks to President Biden’s focus on getting Americans vaccinated,

09/29/2021

The Internal Revenue Service, in IR-2021-181, reminds taxpayers that the cost of home testing for COVID-19 is an eligible medical expense that can be paid or reimbursed under health flexible spending arrangements (“health FSAs”), health savings accounts (“HSAs”), health reimbursement arrangements (“HRAs”), and Archer medical savings accounts (“Archer MSAs”).

04/30/2021

Section 2202 of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), enacted on March 27, 2020, provides for special distribution options and rollover rules for retirement plans and IRAs and expands permissible loans from certain retirement plans.

08/31/2020

Carol Buckmann, with Cohen & Buckmann P.C., explains legislative provisions or official guidance related to the COVID-19 pandemic that affect retirement and health plan sponsors.

06/17/2020

"401(k) investors will be devoured like lambs to the slaughter"

06/05/2020

Can participants in a well-funded defined benefit plan sue for fiduciary breach? Applying constitutional law to ERISA suits, the Supreme Court ruled...

05/12/2020

Are furloughed or laid-off employees eligible for health care benefits?

When it comes to differentiating between layoffs and furloughs, there are differences in how the two relate to benefits. An employee’s health coverage during a furlough or layoff is determined by the employer’s health plan. The employer’s health plan document indicates how many hours an active employee must work to be eligible for health insurance coverage. The employer’s policies, if any, say how employees can keep their health insurance active even if they are not working enough hours.

05/11/2020

Each week, Carol Buckmann, with Cohen & Buckmann P.C., will explain legislative provisions or official guidance related to the COVID-19 pandemic that affect retirement plan sponsors.

03/09/2020

Similar to the plethora of ERISA excessive fee fiduciary breach lawsuits that have been filed in recent years, this one suggests the plan failed to use its bargaining power to negotiate lower fees.

03/09/2020

The decision emphasizes that the use of hindsight to judge the prudence of fiduciaries’ investment decisions is impermissible under ERISA.

03/02/2020

The Supreme Court has agreed to decide a lawsuit that threatens the Obama-era health care law, but the decision is not likely until after the 2020 election.