Highlighted Posts

Posts from February 2015.
Lyndsey Barnett

While I agree with the title, those aren’t my words but rather are the words of Senate Finance Committee Chair Orrin Hatch and Senate Judiciary Chairman Chuck Grassley in a recent letter to the IRS. The paragraph below is another excerpt from the letter and pretty much sums up how I feel about the tax as well (if anyone cares):

Lyndsey Barnett

When the ACA was passed into law in 2010, the Cadillac Tax and 2018 seemed so far away. We advised clients to tackle the ACA a few years at a time and not to get bogged down by provisions that went into effect 8 years out, such as the Cadillac Tax. Now that we are into 2015, 2018 and the Cadillac Tax don’t seem that far away ...

Chris Allesee

We don’t often stray out to the Ninth Circuit in this blog, but I recently read a case addressing a contractual limitations period that piqued my interest. In Spinedex Physical Therapy USA, Inc. v. United Healthcare of Arizona, Inc., the Ninth Circuit held that a contractual provision imposing a 2-year limitation period on ...

Is Anthem Your Self-Insured Plan’s ASO/TPA? If So, There Are Actions You Need to Take to Avoid HIPAA Penalties.

As you have likely heard, Anthem had a sophisticated cyber-attack on their computer system. They believe the information (including social security numbers) of up to 80 million current and former individuals enrolled in Anthem ...

Tom Breitenbach

Under the special timing rule of Internal Revenue Code Section 3121(v), rather than applying FICA taxes at the time of distribution from a nonqualified plan, FICA taxes may be applied at the later of the performance of services or the elimination of any substantial risk of forfeiture (i.e., when vested). This special timing rule ...

Chris Allesee

Since 1983, the Sixth Circuit had applied an inconvenient presumption that retiree health benefits established through collective bargaining were vested benefits unless the terms of the collective bargaining agreement (“CBA”) expressly limited their duration. For decades, the
Yard-Man presumption of vested ...

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