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6 Aug 2013, 10:26 am
By way of background, ERISA generally requires employers that withdraw from a union-sponsored pension plan (also known as a “multiemployer plan”) to pay their proportionate share of the plan’s funding obligations for vested but unfunded benefits accrued by the employer’s union employees at the time of the withdrawal. [read post]
6 Aug 2013, 9:26 am by Sheppard Mullin
By way of background, ERISA generally requires employers that withdraw from a union-sponsored pension plan (also known as a “multiemployer plan”) to pay their proportionate share of the plan’s funding obligations for vested but unfunded benefits accrued by the employer’s union employees at the time of the withdrawal. [read post]
5 Aug 2013, 11:31 am by Cynthia Marcotte Stamer
As businesses already struggling to deal with a tough economy moved to minimize the number of their full-time employees, even labor unions that originally supported Obamacare joined the cry for reform of its provisions to mitigate employment losses resulting from employer efforts to minimize Code Section 4980H exposures. [read post]
5 Aug 2013, 5:33 am
Whether ERISA recognized her same-sex partner as her spouse should give us our winner. [read post]
29 Jul 2013, 11:17 pm by Will Baude
Federal law and ERISA usually ask whether the parties are married — not simply whether they have a lawful civil union. [read post]
29 Jul 2013, 2:21 pm by Sheppard Mullin
The Windsor Decision  Section 3 of the Defense of Marriage Act (“DOMA”) defined the terms “marriage” and “spouse,” as used in federal law and regulations, to exclude same-sex unions. [read post]
16 Jul 2013, 6:48 am by Rhode Island Employment Law Letter
Before the ruling, it looked like Rhode Island employers would have to recognize same-sex marriages in cases governed by state law but would be able to avoid recognizing same-sex unions for benefits governed exclusively by federal law. [read post]
8 Jul 2013, 2:28 pm by Jennifer R. Dixon
While Windsor was celebrated as a victory, the victory is small in that the decision left open many important issues, such as adoption rights for gay couples, employer treatment of gay couples under federal laws like ERISA, and even protections in the criminal arena. [read post]
8 Jul 2013, 2:28 pm by Jennifer R. Dixon
While Windsor was celebrated as a victory, the victory is small in that the decision left open many important issues, such as adoption rights for gay couples, employer treatment of gay couples under federal laws like ERISA, and even protections in the criminal arena. [read post]
2 Jul 2013, 12:46 pm by Mitchell Boyarsky
Employers and employees in same-sex marriages in the 37 states that do not currently recognize same-sex marriages (some of which recognize same-sex civil unions or domestic partnerships) face continued legal uncertainty regarding the application of federal laws that reference marriage or spouses. [read post]
2 Jul 2013, 11:22 am by Adam Kielich
These laws typically apply to employers, employment agencies and labor unions. [read post]
26 Jun 2013, 2:23 pm by Rich McHugh
Thus, it appear plan sponsors are consigned to dealing with the current patchwork of state laws (that either permit or prohibit same-sex marriage and/or civil unions). [read post]
26 Jun 2013, 2:00 pm by Joanna L. Grossman
  It provides that, for any federal-law purpose, the word “marriage” means only a legal union between one man and one woman, and a “spouse” refers only to someone of the opposite sex. [read post]
14 Jun 2013, 12:53 pm by Cynthia Marcotte Stamer
Health plans, health care providers, health care clearinghouses (covered entities) and their business associates should confirm their existing policies, practices and training for communicating with the media and others comply with the Privacy Rule requirements of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule in light of a Resolution Agreement with Shasta Regional Medical Center (SRMC) announced by the U.S. [read post]
12 Jun 2013, 12:22 pm
Yet Freelancers’ Union asks the State of New York to step in and spare their successful small-group insurance plan from the devastating effects of the President’s ‘affordable’ health law - but not to spare any OTHER insurance plan from that law. [read post]
6 Jun 2013, 3:43 pm by Cynthia Marcotte Stamer
A Fellow in the American College of Employee Benefit Counsel, State Bar of Texas and American Bar Association, Vice President of the North Texas Health Care Compliance Professionals Association, the Former Chair of the ABA RPTE Employee Benefit & Compensation Group and current Co-Chair of its Welfare Benefit Committee, Vice Chair of the ABA TIPS Employee Benefit Committee, an ABA Joint Committee on Employee Benefits Council Representative, Past Chair of the ABA Health Law… [read post]