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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 Internal Revenue Service (IRS) has increased the amount employees may contribute to their 401(k) and 403(b) plans next year from $19,000 to $19,500. The IRS announced this week its inflation adjustments for 2020, including:

• Overall contribution limit for defined contribution plans increases from $56,000 to $57,000.

• Total compensation that may be considered

The U.S. Department of Labor’s Wage and Hour Division has announced proposed changes to the information forms used by employers in the administration of the Family and Medical Leave Act (FMLA). Qualification for FMLA leave requires disclosure of information to employers and employees about their FMLA rights and it also requires collection of information to

On December 14, 2018, a federal district court in Texas held in Texas v. United States that the Affordable Care Act’s (ACA) individual mandate is unconstitutional.  The court also concluded that because the individual mandate cannot be severed from ACA, the entire law is invalid.

Background

As you may recall, the ACA has both an

Notwithstanding all the news about repeal and changes to the Affordable Care Act, we are aware that the Internal Revenue Service is enforcing current provisions and assessing penalties.

Enforcement of the 2015 Employer Mandate Penalty

The IRS has announced that it will assess employer mandate penalties for the 2015 tax year.  Employers who had 100