Lawyers’ proactive advice to clients about legal developments is something of a “Goldilocks” process.  We want to advise you of the truly important developments only.  In that spirit, attached to this e-mail is our most recent Burning Benefits News. 

COBRA SUBSIDY:  there’s a reminder of the COBRA premium subsidy notice that’s due February 17.  Remember that COBRA applies to employers with 20 or more employees, and who sponsor a group health plan. 

NEW IRS ROLLOVER NOTICE:   we include information for retirement plans, regarding the new rollover notice requirements for non-spouse beneficiaries who receive a qualifying distribution.  Beginning in 2010, even non-spouse beneficiaries of a deceased participant have a rollover option, and you must withhold 20% from a distribution that’s not rolled-over. 

Let us know if we can help with either of these issues.  Click here to read more about this.  

To view our latest issue of our Burning Benefits News, click here. 

Stevenson Keppelman Associates has received top honors among Michigan employee-benefits law firms.  Read here for more detail. 

We thank our clients and friends for your support and collegiality.  We owe all recognition to you.

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Bob Stevenson was again interviewed and heavily quoted (although not with complete accuracy!) in Michigan Lawyers Weekly.  The story concerned the 6th Circuit’s recent upholding a Michigan insurance rule.  The rule prohibited insurance contracts from including so-called “discretionary clauses” that give insurers discretion (within limits) to determine eligibility for benefits.  This is similar to the discretion granted ERISA plan administrators in a 1989 U.S. Supreme Court case, Bruch v Firestore.  Bob argued that in the current case (American Council of Life Insurers, et al v Ross), the 6th Circuit has added to the burden of multi-state benefit plan sponsors, which now must deal with a patchwork of claims review processes.  Also, both ERISA and centuries of common law recognize such discretionary powers, and already prohibit abuse of discretion.

SKA attorneys provided to clients and friends two webcasts on urgent benefit updates.  The seocnd was held on March 19th.  We thank you for your attendance, and for your following feedback.

For those who would like to review content, or if you missed the webcasts, the phone presentation was recorded.  Below is the information you need if you would like to listen to it again.  If you have any questions, or problems accessing the recording, please contact Kristy Zelenka at kristy@skalaw.com.

The recording is available via replay for 90 days.

Replay Dial-In-Access: 888-496-6260 or 480-629-9053.

Participant Code: 11544869

Confirmation Number: 92561

The accompanying slides are available here.

To view the latest issue of our Burning Benefits News please click here.

Bob Stevenson was quoted on Sunday, March 8th in a Detroit Free Press article, about the possible effects of national healthcare reform on the Detroit Three.  Although Bob and SKA represent may high-profile VEBA’s and although Bob was interviewed for about 45 minutes, his sole pearl of wisdom to see print was this:

“Would it (national health care) be the silver bullet?”  asked Bob Stevenson, an employee benefits attorney in Ann Arbor.  “I think we all know the Detroit Three have more problems than just their legacy retirement benefits.”  

To read the entire article click here.

It doesn’t matter what Cycle your plan is on—PPA amendments must be done this year.  And for Cycle D plans, this means the amendment must be adopted by 12/31/09, not by 1/31/10, when Cycle D plans are due at the IRS.  Click here for more information. 

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