Employee Benefits Legal Resource Site


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Carol V. Calhoun

IRS Updates Guidance on Governmental Plan Determination Letters
(Posted on May 14, 2013 by )


As of May 10, 2013, the Internal Revenue Service has updated its page on determination letters for governmental plans. The page contains information for any governmental plan considering obtaining an IRS determination letter, including the following: Read more

Maryland to End Benefits For Its Employees’ Domestic Partners
(Posted on May 7, 2013 by )


The Baltimore Sun is reporting that with same-sex marriage now available, Maryland state employees in same-sex relationships have been notified that they won’t be able to include domestic partners in their health insurance as of January 1, 2014. With twelve states, the District of Columbia, and three Native American tribes having legalized same-sex marriage, employers that have domestic partner benefits are increasingly reexamining their policies in that area.

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Forbes: Rhode Island State Pension Admits History Of Kickbacks And SEC Inquiry
(Posted on April 30, 2013 by )


An article in Forbes magazine alleges that the Employees’ Retirement System of Rhode Island paid kickbacks to placement agents. As most are aware, the Employee Retirement Income Security Act of 1974 (ERISA) does not apply to governmental plans. So, what kinds of protections are available in the case of kickbacks from public retirement systems? Read more

Determination Letters for Governmental Plans Don’t Address Pick-Up Contributions and Excess Benefit Arrangements
(Posted on April 24, 2013 by )


The IRS has issued a reminder that governmental plan sponsors who apply for IRS determination letters covering the qualified status of their plans can’t rely on a favorable letter for whether:

  • contributions made to the plan are the employer’s “pick-up contributions” (i.e., pretax employee contributions under section 414(h)(2) of the Internal Revenue Code), or
  • the plan has a qualified governmental excess benefit arrangement (i.e., a separate trust that provides only a participant’s annual benefit in excess of the limits under Internal Revenue Code section 415).

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CalSTRS Finalizes Divestments from Gun Manufacturers
(Posted on April 23, 2013 by )


An article in Pensions & Investments reports that in the wake of the school shooting in Newtown, Connecticut, the California State Teachers Retirement System (CalSTRS) has approved the divestiture of holdings in two gun manufacturers that make weapons that are illegal in California.

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