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New IRS Guidance on Retiree Health Benefits Funded Through Captive Insurance Subsidiaries
Benefits Bryan Cave Link to more items from this source
May 22, 2014
"While [Rev. Rul. 2014-15] provides favorable tax precedent, it does not address all ERISA implications. In particular, it is a prohibited transaction to use plan assets to purchase insurance from a captive insurance company in the employer's controlled group and no statutory or class exemption is available. Accordingly, an individual prohibited transaction exemption must be obtained to avoid excise taxes or Department of Labor penalties."

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