Publications

IRS Q&As Clarify COVID-19 Partial Plan Termination Relief

BRYAN J. CARD, June, 2021  On April 27, 2021, the Internal Revenue Service (IRS) published guidance in the form of five questions and answers (the “Q&A Guidance”) on the partial plan termination relief provided under the Consolidated Appropriations Act, 2021 (the “Act”), which was signed into law on December 27, 2020. This partial plan termination […]

Ninth Circuit Approves ERISA Forum Selection Clauses

NICOLAS  DEGUINES and R. BRADFORD HUSS, June, 2021  The United States Court of Appeals for the Ninth Circuit, in the recent case of In re Becker, No. 20-72805, 2021 WL 1219745 (9th Cir. Apr. 1, 2021), upheld the use of forum selection clauses in Employee Retirement Income Security Act of 1974 (ERISA) governed plans as […]

DOL Issues New Cybersecurity Guidance — What Plans and Service Providers Need to Know

JENNIFER WONG and NICOLAS DEGUINES, April 29, 2021  On April 14, 2021, the Department of Labor’s (DOL) Employee Benefit Security Administration (EBSA) issued its first cybersecurity guidance for plan sponsors, plan fiduciaries, recordkeepers, and plan participants.1 Intended to complement EBSA’s regulations on electronic records and disclosures to plan participants and beneficiaries, the guidance is comprised […]

Participant Data: Plan Asset or Fair Game for Recordkeepers to Use to Market Non-Plan Products?

CATHERINE REAGAN and R. BRADFORD HUSS, April 29, 2021   In an emerging theory of liability, plan fiduciaries’ treatment of participants’ personal data is coming under scrutiny. Over the last five years, we have seen how the collection of many individuals’ personal data can become a valuable asset in the right hands — whether it’s used […]

American Rescue Plan Act: COBRA Subsidy Relief and Dependent Care FSA Limit Increase

ELIZABETH LOH, March 18, 2021     On March 11, 2021, President Biden signed into law the American Rescue Plan Act (the “Act”). This $1.9 trillion legislative package provides significant pandemic relief. This article focuses on the COBRA continuation coverage subsidy relief, as well as increased Dependent Care Flexible Spending Account (“Dependent Care FSA”) relief provided under […]

New FAQs Clarify Coverage Requirements for COVID-19 Testing and Vaccines

MARY E. POWELL and SARAH KANTER, March 1, 2021   On February 26, 2021, the Departments of Labor, Health and Human Services (HHS) and Treasury (collectively the “Departments”) released FAQs About Families First Coronavirus Response Act (the “FFCRA”) and Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”) Implementation Part 44 (the “FAQs”).1 These FAQs […]