"There are two significant obstacles to advising employers in these situations: [1] The group health plan document (if there is one) is typically silent on the interplay between COBRA and alternative coverage; and [2] the available regulatory and case law guidance is not nearly specific enough. This column will summarize the possible approaches that employers may follow when dealing with alternative coverage situations."

"ERISA is silent on arbitration, but the Federal Arbitration Act encourages arbitration of disputes. Two relatively recent Supreme Court decisions upheld arbitration clauses in the employment context, although the Supreme Court has not specifically addressed the permissibility of mandatory arbitration under ERISA. In the meantime, federal courts are grappling with these issues in inconsistent decisions."

"The latest requirements ... became effective March 29, 2021 and apply retroactively to January 1, 2021. [The authors] identify important features of the renewed measures for 2021 and compare them to the entitlements of 2020 [in a chart]."

"On March 17, 2021, the Multiemployer Plans Committee of the American Academy of Actuaries met with representatives from PBGC, the Department of the Treasury, and the [DOL] to share the committee's initial observations regarding the multiemployer pension provisions under ARPA, with a focus on areas where clarification may be needed.... The list of topics discussed ... is included [in this article]."

"If you are wondering why the DOL's rules regarding Economic, Social and Governance Investing (ESG) garnered a lot of attention, or why its proxy voting rules actually generated excitement, it is because of the practical influence those rules have on the operation of the U.S. capital markets.... This influence seems to be rarely discussed[.]"

"[Two federal circuits] have reached opposite conclusions regarding whether ERISA claims may be subject to arbitration where the arbitration clause is contained in the governing plan document. This column [reviews those decisions and] the respective arguments that may determine whether or not arbitration of ERISA disputes remains a viable avenue for plans sponsors."

"If your submission has errors, it takes longer to review and delays the issuance of the compliance statement.... Review [this] list to make sure you avoid the errors when completing your VCP submission."

"The COBRA subsidy program requires immediate employer action, including creating subsidy-related notices, coordinating with vendors and insurers, revising COBRA notice and payroll processes, and deciding whether to offer subsidy-eligible individuals the option to move to less expensive coverage. Important dates are noted in [a] timeline."

"Nearly 7 in 10 investors (68%) are confident they will reach their retirement goals ... Nearly 9 in 10 investors (87%) favor creating a regular 'retirement paycheck' to manage spending during their retirement years."

"[1] Paying tax too early on the discount.... [2] Not filing Form 8949 after an immediate sale of ESPP shares at purchase.... [3] Directly using what appears as the cost basis on your Form 1099-B.... [4] Paying the wrong tax on the discount.... [5] Using the wrong price when there is no lookback.... [6] Paying tax twice on the discount."

32 pages. "[This article provides] a brief overview of 2020 trends and developments and then explore[s] more closely the key rulings and developments since 2015 and their impact on ERISA fee and investment litigation."

"At this time, there has been no guidance issued by the EEOC or any other governmental agency on vaccine incentives. As employers have been left to navigate this on their own, some are choosing to follow wellness program rules, which have become less clear too.... Here are some examples of what [employers are] offering as COVID-19 vaccine incentives."

"This [8-page] checklist provides a summary of the principal requirements under the 2021 Consolidated Appropriations Act (CAA) that apply to employer-sponsored group health plans."

"In July 2019, the AICPA Auditing Standards Board (ASB) issued AICPA Statement on Auditing Standards No. 136, 'Forming an Opinion and Reporting on Financial Statements of Employee Benefit Plans Subject to ERISA' ... [which] prescribes certain new performance requirements for ERISA plan financial-statement audits and changes the form and content of the related auditor's report."

"Employers that wish to provide the Relief will need to choose between providing the carryover opportunity or an extended Grace Period because the Notice confirms that a dependent care FSA may not have both.... [T]he extended Grace Period would allow employees who have ceased participation to continue to incur claims until the end of the next plan year."

"This chart provides a snapshot of paid leave laws that may cover California workers affected by COVID-19. [It includes] a comparison of California laws on paid family leave, paid sick leave, and 2021 COVID-19 Supplemental Paid Sick Leave."

"[F]or those plan sponsors with choice, like private tax-exempt 501(c)(3) charitable organizations, digging into the differences may help clarify which plan type, or combination of plan types, to offer. [This article discusses and compares] the most significant distinctions among the three types of plans[.]"

"ARPA provides two forms of general funding relief: enhanced interest rate stabilization and extended amortization of funding shortfalls. This will provide many employers with flexibility to smooth out funding obligations over longer time periods -- flexibility that may be needed to avoid disruptive cost-cutting measures and, for some employers, to ensure the very survival of both the employer and the pension plan."

"[1] Paying tax too early on the discount.... [2] Not filing Form 8949 after an immediate sale of ESPP shares at purchase.... [3] Directly using what appears as the cost basis on your Form 1099-B.... [4] Paying the wrong tax on the discount.... [5] Using the wrong price when there is no lookback.... [6] Paying tax twice on the discount."

"[A]bsent ARPA's increased exclusion limit for 2021, unused DCFSA amounts from 2020 that are available and used in 2021 could end up being taxable for employees who make new 2021 DCFSA contributions and use those amounts for eligible expenses incurred in 2021."

15 pages. "This chart compares retirement programs that are 'tax-qualified' under the Internal Revenue Code.... This chart covers the general rules that apply to each of these types of retirement programs to provide context.... [R]ules that apply only to church and church-related employers are bolded in red."

"As ICHRAs begin to mirror the rapid growth of 401(k) plan with more industry and employer awareness, they will also have growing pains ... This post highlights three areas for improvement that could instantly begin paving the way to the inevitable ICHRA mainstream adoption if quickly addressed by the regulatory departments."

"The change in the segment rates will reduce the calculated funding target and target normal cost, which therefore also lowers the funding requirements.... For plans that reduce contributions because of the changes, the result may be an increase in the PBGC variable rate premiums."

"Can and should my company require employees to provide documentation verifying vaccination status? ... What do my company's HR employees and managers need to know about employee religious and medical exemption requests? ... How do I handle a teleworking employee who refuses vaccination but is reluctant to return to work for fear of contracting COVID-19?"

"Only the person to whom the COBRA premiums are payable is entitled to the ARPA tax credit. The person to whom premiums are payable varies depending on the type of plan involved. Importantly, the ARPA tax credit is not always available to the employer of the affected employees."