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ERISA & Employee Benefit Plans

MONDRESS MONACO PARR LOCKWOOD PLLC

MMPL is a Seattle, Washington law firm of highly skilled attorneys representing ERISA and employee benefit plans and trust funds, their sponsors, fiduciaries and trustees, and institutional service providers throughout the Pacific Northwest and nationwide. Since the firm’s entire practice is concentrated on employee benefits law, we offer comprehensive and experienced tax, fiduciary and trust, ERISA compliance, and litigation counseling. Learn more.

LEGAL DEVELOPMENTS IMPACTING HEALTH AND WELFARE PLANS 2018 YEAR-END UPDATE

The 2017 tax reform legislation eliminated the individual mandate penalty under the Affordable Care Act (ACA) for when an individual does not maintain health coverage.  Thereafter, several states sued the federal government, alleging that this change made the ACA unconstitutional, and the federal district court for the Northern District of Texas agreed in a December 2018 ruling. Texas v. United States, 340 F. Supp. 3d 579 (N.D. Tex. 2018). The court relied on the Supreme Court’s [...]

LEGAL DEVELOPMENTS IMPACTING RETIREMENT PLANS 2018 YEAR-END UPDATE

In October 2018, the DOL issued proposed regulations that would permit the establishment of association retirement plans.  The proposed regulations are similar to the DOL’s regulations permitting the establishment of association health plans that were finalized in June 2018.  As proposed, the regulations would be limited to defined contribution plans. In 2014, the Supreme Court eliminated the presumption that employer stock is a prudent investment.  However, to sue retirement plan fiduciaries for employer stock losses, plaintiffs must allege what [...]

LEGAL DEVELOPMENTS IMPACTING RETIREMENT PLANS 2017 YEAR-END UPDATE

In August 2017, a Ninth Circuit district court held a plan fiduciary violated its continuing duty to monitor plan investments under ERISA when it did not replace retail-class mutual funds with lower cost institutional-class funds. (This is the latest proceeding in the Tibble case, where the court held that an ERISA fiduciary has a continuing duty to monitor investments. The ruling effectively extends ERISA’s six-year statute of limitations so long as an investment remains a plan asset, [...]