Independent Benefit Services

Independent Benefit Services

15800 Crabbs Branch Way
Suite 350
Rockville, Maryland 20855

(301) 921-7804

 

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HEALTH CARE REFORM:  WHAT'S GONE AWAY?  AND WHAT'S COMING IN 2012?
 

The tide of regulations interpreting the 2010 Patient Protection and Affordable Care Act (PPACA) began to ebb in 2011, and portions of the law have even been repealed or put on hold.
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DEADLINES APPROACHING FOR RETIREMENT PLAN AMENDMENTS

 

Once again, amendment season is upon us.  Sponsors of tax-favored retirement plans should keep in mind the many required amendments for which a year-end deadline is fast approaching.
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HEALTH PLAN ASSESSED DOUBLE DAMAGES FOR MSP VIOLATION

 
 A federal appeals court has held that the Medicare Secondary Payer ("MSP") Act authorizes a medical provider to sue an employer health plan for double damages when the plan fails to comply with the MSP Act.
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EXTENSION OF TRADE ADJUSTMENT ASSISTANCE AFFECTS CERTAIN COBRA COVERAGE

 

The Trade Act of 2002 created a health care tax credit (HCTC) for certain individuals who become eligible for trade adjustment assistance ("TAA eligible individuals"), as well as for certain retired employees who are receiving pension payments from the Pension Benefit Guaranty Corporation (PBGC recipients).
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FAILING TO NOTIFY PARTICIPANTS OF PLAN CHANGES CAN BE COSTLY
 
Among ERISA's many notice and disclosure obligations, the requirement to timely inform participants of important plan changes is one that is too often overlooked.
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INVESTMENT PROVIDERS AND ADVISORS MAY NOW PROVIDE "CONFLICTED" ADVICE TO PLAN PARTICIPANTS

 

Both the Employee Retirement Income Security Act ("ERISA") and the Internal Revenue Code (the "Code") generally prohibit fiduciary investment advisers from receiving compensation from the investment vehicles that they recommend to plan participants and IRA holders.  Read more

 
LOSS OF PRIVILEGE:  ANOTHER REASON NOT TO GIVE THE "COMPANY" A FIDUCIARY ROLE
 

In our efforts to help plan sponsors minimize their fiduciary risk, we consistently advise against giving the sponsoring employer a fiduciary role.  Designating the "company" or "employer" as an ERISA fiduciary can unintentionally subject the employer's executive officers and board of directors to ERISA's fiduciary standards, and potentially to personal liability.
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