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Search the News Archive

11 Matching News Items

1.  Stradley Ronon in Employee Benefit Plan Review Link to more items from this source
May 7, 2024
"For private companies, ESPPs may pose unique challenges under securities laws. Although Rule 701 of the Securities Act of 1933 provides a registration exemption for compensation plans of private or non-reporting companies, blue sky laws vary among states regarding the requirements that a private company must meet in order to offer its securities to an employee."
2.  Stradley Ronon in Employee Benefit Plan Review Link to more items from this source
Jan. 29, 2025
"[N]on-qualified deferred compensation plans can be expensive for employers to maintain. There are ways to reduce costs associated with maintaining and offering such a plan, such as limiting or eliminating notional investment options or rates of return under the plan, 'freezing' the plan to new participants and/or future deferrals, or terminating the plan entirely"
3.  Stradley Ronon in Employee Benefit Plan Review Link to more items from this source
Nov. 7, 2025
"The Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019 introduced a more robust optional statutory safe harbor for a fiduciary's selection of certain lifetime income options for defined contribution plans.... As plan fiduciaries continue to become more comfortable with the SECURE Act safe harbor, it is likely that new guaranteed retirement income products will continue to emerge."
4.  Stradley Ronon in Employee Benefit Plan Review Link to more items from this source
Sept. 25, 2023
"[It] is important to clearly delineate and separate fiduciary committees (and their related actions and responsibilities) and non-fiduciary/ settlor committees (and their related actions and responsibilities) and to properly authorize and document these committees.... [C]ommittees, once established, should follow scheduled procedures and regularly be subject to review and revision to ensure continued compliance with both established procedures and newly implemented procedures."
5.  Stradley Ronon in Employee Benefit Plan Review Link to more items from this source
Nov. 9, 2023
"[F]iduciaries must prudently and loyally select and monitor any brokerage window providers that they choose to make available through the plan. This includes evaluating things such as services, fees and conflicts of interest."
6.  Stradley Ronon in Employee Benefit Plan Review Link to more items from this source
Feb. 7, 2023
"While self-insured health plans may have more flexibility to provide for coverage of certain family-building benefits, most fully-insured health plans do not offer comprehensive coverage for family-building.... Nevertheless, companies with insured and self-insured health plans are increasingly offering programs that cover a variety of family-building services without requiring a clinical infertility diagnosis."
7.  Stradley Ronon in Employee Benefit Plan Review Link to more items from this source
Jan. 23, 2023
"If an employer intends for the COBRA continuation period to run concurrently with the subsidized coverage from the date of the qualifying event, the severance documentation should make this clear, and COBRA notices should be sent accordingly. Otherwise, the employee may mistakenly believe and argue that the COBRA continuation coverage begins when the subsidy ends."
8.  Stradley Ronon in Employee Benefit Plan Review Link to more items from this source
June 2, 2023
"It is imperative that applications for long-term disability due to long-haul COVID-19 ... be scrutinized to determine if a claimant continues to be residually or totally disabled.... Engaging medical experts to review a claimant's medical records will be vital to ensuring that only legitimate claims are paid. It is expected that courts are likely to undertake a fact-based analysis, and as scientists begin better understand the effects of long-haul COVID-19, it is expected that there may be guidelines for diagnosis simi- lar to chronic fatigue."
9.  Stradley Ronon in Employee Benefit Plan Review Link to more items from this source
Oct. 4, 2022
"These amendments would significantly impact entities that rely on the QPAM Exemption, as well as plans, plan fiduciaries, counterparties to transactions involving QPAMs and others. The amendments would impose significant compliance burdens and costs on QPAMs, including the need to amend existing agreements to comply with the conditions. Additionally, the indemnification and hold harmless provisions are likely to increase the potential liabilities of a QPAM that becomes disqualified."
10.  Stradley Ronon in Employee Benefit Plan Review Link to more items from this source
Sept. 23, 2024
"[W]hile it is a company (i.e., settlor) decision to transfer plan liabilities to a third-party insurer, the implementation of such decision and the selection of an annuity provider are fiduciary decisions, which raise significant fiduciary considerations.... Fiduciaries should evaluate a potential annuity provider's creditworthiness, risk of bankruptcy or default and ability to pay claims.... Fiduciaries should also evaluate the features of the annuity contract, such as surrender charges[.]"
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