New DOL and IRS Regulations for Employee Benefits Plans, Participants, and Beneficiaries
Notices, Distributions, Loans, HIPAA, New Model COBRA Forms, Fiduciary Compliance Guidance

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
ERISA
- event Date
Wednesday, July 29, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide employee benefits counsel an in-depth analysis of new DOL and IRS regulations for employee benefits plans impacting plan sponsors and administrators, participants, and beneficiaries. The panel will discuss recently issued DOL and IRS relief for retirement, health and welfare plans, and participants impacted by the pandemic, including final rules for plan loans and contributions, HIPAA, new model COBRA forms, claims procedures, and other essential matters.
Faculty

Ms. Michel is the leader of the Employee Benefits & Executive Compensation Group. Her practice primarily involves all aspects of qualified retirement plans, including profit sharing plans, 401(k) plans, employee stock ownership plans (ESOPs) and defined benefit plans, executive compensation matters (including Section 409A compliance) and welfare benefit plans for public companies, privately held companies, and not-for-profit entities. This includes compliance with laws including tax, labor, ERISA, Affordable Care Act ("ACA"), COBRA, HIPAA and other applicable laws, and administration and operation of all types of plans. Ms. Michel advises clients regarding fiduciary compliance matters, including prohibited transactions, vendor and insurance contract review, employee benefit plan claims and in matters involving the IRS, the DOL, and the PBGC. She provides advice on the design, drafting, and administration of traditional retirement plans, 401(k) plans and nonqualified executive pay plans. Ms. Michel has worked extensively with employee benefit matters related to mergers, acquisitions, divestitures and other corporate transactions. She also frequently lectures on qualified retirement plans and welfare benefit plans. She currently serves on the firm’s Board of Directors.

Ms. Darrow has extensive experience in all aspects of employee benefits and executive compensation including counseling clients on the design, implementation, administration, operation and termination of employee benefit plans. Her practice includes advising clients on qualified retirement plans including, defined benefit plans, profit sharing plans, and 403(b) plans. Ms. Darrow also advises on health and welfare benefit plans, fringe benefit plans, executive compensation plans, non-qualified deferred compensation plans (including compliance with Section 409A), and equity compensation plans. She has significant experience with advising clients on employee benefit issues related to corporate transactions, drafting and negotiating executive compensation agreements and advising clients on ERISA litigation. Ms. Darrow's practice also includes advising on the legal compliance of employee benefit plans under the Internal Revenue Code, ERISA, HIPAA, COBRA, Affordable Care Act ("ACA") and PHSA. She also advises clients on HIPAA privacy, security, breach notification and portability issues and ERISA fiduciary compliance matters. Ms. Darrow represents clients before the Internal Revenue Service, the Department of Labor and the Pension Benefit Guaranty Corporation.
Description
On Apr. 28, 2020, the DOL and IRS jointly issued final emergency regulations to minimize the loss of employee benefits due to certain ERISA and Internal Revenue Code-related compliance failures stemming from COVID-19. Employers, insurers, and plan sponsors and administrators are all impacted by new regulations, and employee benefits attorneys must identify critical issues to maintain compliance with ERISA and other applicable rules.
The new regulations require immediate attention from plan sponsors of retirement, health and welfare plans, issuers, third-party administrators, and other plan service providers. There is now additional time to elect and pay for COBRA, special enrollment under HIPAA, and filing claims, which causes substantial compliance risks and loss for plan sponsors and administrators.
The CARES Act also provides new rules regarding plan, loans, and distributions, which has resulted in amended tax rules. This requires plans to implement these new rules now and adopt amendments to reflect the operation of the plans, and administrators and fiduciaries must make reasonable accommodations to prevent the loss of benefits or undue delay in benefit payments. In light of the CARES Act, the DOL issued guidance providing relief from the deadlines for providing certain participant disclosures on the implementation of the new rules.
Listen as our panel discusses the impact of the new DOL and IRS regulations on plan administration and offers guidance on mitigating liability risks for fiduciaries.
Outline
- Overview of recent DOL and IRS guidance in response to COVID-19 pandemic
- Impact on retirement plans and administration
- Notices to participants and beneficiaries
- Plan loans and distributions
- Participant contributions and loan repayments
- Form 5500 and Form M-1 filing
- Health and welfare plans rules
- Coverage and claims procedures
- HIPAA
- COBRA
- Fiduciary compliance issues and guidance
Benefits
The panel will review these and other key issues;
- What relief has the DOL and IRS provided for employee benefit plans, participants, and beneficiaries impacted by COVID-19?
- How have recent DOL and IRS regulations impacted retirement plan administration?
- What are the administrative pitfalls for health and welfare plans and methods to avoid them?
- What ERISA fiduciary compliance issues arise, and how can plan sponsors and administrators minimize potential liability?
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