Keith R. McMurdy

Employer clients acting as the fiduciary of a benefit plan may often seek the advice of their trusted adviser. ERISA recognizes that need but also disallows the misuse of an expert. So what qualifies as misuse?

Several tech companies this week announced they would be adding egg freezing benefits to their health plan. While that may sound like a nice perk to some, making this and other benefit plan changes comes with risks that your employer clients, with your help, should consider.

Under the ACA, control group status could make your small-group client an applicable large employer subject to the employer mandate. It’s time to revisit control group rules.

Can a cafeteria plan prevent an employee from heading to the exchange? New IRS direction clarifies mid-year changes for your client’s cafeteria plan participants.

It’s a good best practice to give your employer client’s 401(k) plan a good compliance review every year. Here’s a checklist of some IRS suggested corrective mechanisms that can be taken to bring a plan into compliance.

Why the CEO’s ability to sign paychecks may also make them liable as plan fiduciaries; and how you can help your employer clients avoid this slippery slope.

They promised they would be coming and now they have. The Internal Revenue Service has issued draft instructions to help employers and plan sponsors comply with the Affordable Care Act’s 2015 reporting requirements.

Withdrawal liability is a seldom understood threat that could cost some of your employer clients tens of millions of dollars. While some employers seek a litigious solution, here’s why they can’t sue the fund or trustees for relief.

Although your employer clients may consider granting employee requests for exceptions to health plan rules or limits, doing so could cause trouble down the road. Advising them to consider a plan amendment may be a better choice.

Employers who fail to issue a timely COBRA notice could face huge fines, as evidenced by a recent court case in the state of Nevada.

The IRS has issued its first adjustment to the ACA definition of “affordability” for the 2015 plan year. Building a solid ACA compliance plan with your employer clients means understanding the act clearly provides for such changes.

The IRS’ new draft forms for employer reporting on health care coverage unveils a glimpse of the administrative onus in store for benefit advisers and their employer clients working to comply with the Affordable Care Act.

Two federal appeals courts have issued conflicting decisions about the legality of subsidies on the federal exchanges — a split that may have some significant impact on employer planning for ACA compliance.

For most employers, the Hobby Lobby decision will have little impact, meaning they will have to comply with the ACA as written. Looking for loopholes can be risky, not just for ACA compliance but also for ERISA compliance, generally.

Advisers working with employer clients on ACA compliance should pay close attention to the DOL’s recent updates on out-of-pocket limits and preventive service requirements.

Benefit advisers can advise their clients on a recent court case that confirms ERISA penalties will ensue for plan administrators that fail to provide plan documents when requested by a plan participant or plan sponsor.

One recent court case suggests your employer clients should consider including disclaimers in benefit notices to protect against changes in retirement plan payouts.

The Employee Retirement Income Security Act generally requires that plan participants get copies of plan documents when requested. However, there is even an enforcement provision of ERISA that subjects the administrator to penalties if they fail to provide requested documentation.

Benefit advisers need to know how these two long-awaited guidance notices from the IRS will affect their employer clients.

Effective in 2015, the Affordable Care Act requires that employers report information about the health coverage they offer to employees. As you plan for ACA compliance, be reminded that you have this reporting obligation, not just to the Internal Revenue Service but to employees as well.