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Mark F. Williams‘ practice includes all aspects of employee benefits, including both tax and ERISA issues that arise in connection with employee benefit plans for both large and small clients. Mark advises employers on the design of their qualified pension plans, including 401(k) and 403(b) plans.  Mark also designs and drafts nonqualified deferred compensation plans, such as Supplemental Executive Retirement Plans, and assures compliance with IRC Section 409A, which governs nonqualified arrangements.  Mark has also advised employers on compliance with the Affordable Care Act. Additionally, Mark has experience in structuring golden parachute, change in control arrangements, and deferred compensation arrangements for non-profits.

The U.S. Department of Labor (DOL), Employee Benefits Security Administration, (EBSA),  on March 10, 2022 released Compliance Assistance Release No. 2022-01, 401(k) Plan Investments in Cryptocurrencies.

The DOL indicates that it has become aware of firms marketing investments in cryptocurrencies as potential investment options for 401(k) plan participants. The DOL cautions plan fiduciaries to

A unanimous U.S. Supreme Court (8-0, Justice Barrett recused) overturned a decision by the U.S. Court of Appeals for the Seventh Circuit which had dismissed a case brought by plan participants involving the fiduciary obligations of an ERISA plan sponsor in the selection of funds in its 403(b) plans. The case is remanded and will

The IRS has now proposed regulations for delivering Affordable Care Act (ACA) 1095-C reporting forms to employees at the start of 2022 and future years. Here are a few insights from the proposed regulations:

30-Day Extension for Furnishing Forms 1095-C. For calendar years beginning after December 31, 2020, the proposed regulations grant an automatic 30-day

Premium discounts and surcharges on employee contributions to employer-sponsored health plans based on COVID-19 vaccination status has become a hot topic. On October 4, 2021, the Departments of Labor, Health and Human Services, and Treasury issued FAQs regarding the application of the HIPAA wellness program rules to vaccine-related premium surcharges and discounts.

HIPAA prohibits group

Plan administrators have until September 15, 2021 to distribute notices of the approaching end of the COBRA subsidy period under the American Rescue Plan Act (“Rescue Plan Act”), which by law expires after September 30, 2021.

As we previously discussed in March and April of this year, the Rescue Plan Act requires that Assistance Eligible

The IRS recently issued FAQs regarding the temporary, 100% COBRA subsidy created by the American Rescue Plan Act of 2021 (“Rescue Plan Act”).  This subsidy is available to “Assistance Eligible Individuals” for COBRA continuation coverage during the period April 1, 2021 through September 30, 2021.  We previously covered developments relating to the COBRA subsidy in