Fiduciary Issues and Plan Governance

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April 7, 2016
Yesterday, after months of intensive review and feedback from industry experts and other stakeholders, the Department of Labor finalized the controversial regulations defining the term “fiduciary” under ERISA and providing new rules regarding investment advice. Please read our client alert for more information.
Client Alert
January 22, 2016
On January 20, 2016, the United States Supreme Court issued an opinion in Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan. To find out whether the Court ruled that a plan administrator may bring a subrogation claim against a participant whose third-party settlement is dispersed into nontraceable items, please read our client alert.
January 4, 2016
Kutak Rock has published its latest edition of the Employee Benefits News.
Newsletter
October 29, 2015

Kutak Rock attorneys Marc Lieberman, Mark Lasee and Andrew McNichol authored an article, "When Trustees Have a Duty to Delegate Investment Management," for the October 2015 issue of The NAPPA Report.

Article
May 11, 2015

Kutak Rock attorney Marc Liebermann authored an article, “Want to Preclude Municipal Bankruptcies Filed to Discharge Pension Obligations? Amend Your Bankruptcy Authorization Statute, Pronto,” in the April 2015 issue of The National Association of Public Pension Attorneys (NAPPA) Report.

Article
April 21, 2015
The Department of Labor (DOL) released a new proposed rule last week that will change who is considered a fiduciary of a qualified plan, IRA or health savings account (HSA) (the Fiduciary Rule). We believe this rule will have limited impact on plan sponsors. However, given the extensive commentary on the Fiduciary Rule, plan sponsors should understand how the Fiduciary Rule could impact them. For more information, please read our client alert.
Client Alert
April 15, 2015

Kutak Rock attorneys Brian Bartels and John Schembari authored an article, “Fiduciary Duties in the Public Sector,” in the April 2015 edition of Benefits Magazine.

Article
March 20, 2015

Plan administrators of 401(k) and other participant-directed plans must provide participants with information about the fees associated with the plan (fee disclosures) at least annually. When the rules were first released, the Department of Labor (“DOL”) required plan administrators to provide the fee disclosures no later than 12 months after the prior fee disclosure was mailed. This rule created practical difficulties and caused each plan’s fee disclosure deadline to move over time. Yesterday, the DOL released a revised rule that corrects these issues.

Client Alert
November 3, 2014
Late Friday afternoon (October 31, 2014), the Center for Medicare & Medicaid Services (CMS) announced it will not be enforcing the regulations relating to unique health plan identifiers (HPIDs) until further notice. The enforcement delay applies to all HIPAA-covered entities, including health plans.
Client Alert
July 1, 2014

On June 30, 2014, the Supreme Court ruled that under the Religious Freedom Restoration Act, closely-held for-profit corporations are not required to pay for contraceptives if doing so would violate the corporation’s sincerely held religious beliefs. For more information on the major parts of the decision and its impact on employers, please read our client alert.

Client Alert
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