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December 20, 2012

Media outlets throughout the country reported that the Hostess Brands Inc. (“Hostess”) CEO told a Wall Street Journal reporter that Hostess used funds “earmarked” for contributions to multiemployer pension plans to fund its Chapter 11 bankruptcy expenses. Some sources even indicated that these amounts were withheld from employees’ paychecks. Such allegations, if true, would expose Hostess executives to severe civil liability and potentially even criminal charges under ERISA for misuse of “plan assets.”

ERISA fiduciaries—which include any person dealing with or overseeing the use of plan assets—should take notice of the Hostess developments as a reminder of their obligations under ERISA.

December 12, 2012

Between November 26 and December 7, 2012, the government published a flood of proposed and final regulations relating to the Patient Protection and Affordable Care Act (“PPACA”), more commonly known as the health care reform law. This Client Alert provides an overview of the new regulations.

December 3, 2012
November 30, 2012
November 30, 2012
November 27, 2012
November 9, 2012
Kutak Rock attorney Paul Gwilt has authored a Fraud and Abuse Practice Group Enforcement Committee alert for the American Health Lawyers Association (AHLA) discussing the ongoing Allison Engine saga and the Sixth Circuit's reversal of the district court on FERA retroactivity. The following article appeared November 9, 2012 in an AHLA newsletter alert.
October 31, 2012

Nonqualified Deferred Compensation arrangements that provide for payments based on the execution of a release of claims may need to be amended for compliance with Internal Revenue Code Section 409A by December 31, 2012.

October 26, 2012

This year, retirement plans subject to the Employee Retirement Income Security Act (“ERISA”) were subjected to two new fee disclosure requirements.  First, the Department of Labor (“DOL”) required every “covered service provider” of an ERISA retirement plan to furnish the plan’s fiduciaries with a service and fee disclosure document by July 1, 2012 (the “Service Provider Disclosures”). Second, the DOL required qualified defined contribution retirement plans to disclose plan, investment and fee information to participants by August 30, 2012 (the “Participant Disclosures”).

October 19, 2012
2013 COLA Chart
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