ERISA and Employment Benefits Post-DOMA and IRS Ruling

Amending Plans to Comply with New Mandates and Assessing Potential Retroactive Liability

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, October 31, 2013

Recorded event now available

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Program Materials

This CLE webinar will provide counsel with a review of the impact of the Supreme Court’s DOMA ruling and IRS Rev. Ruling 2013-17 for ERISA benefit plans and non-ERISA employment benefits and policies. The panel will discuss best practices for amending plans and policies for compliance and avoiding compliance pitfalls.

Description

Since the Supreme Court’s DOMA ruling, new developments have offered some clarity—and new challenges—with respect to employee benefits and other employer obligations. IRS Rev. Ruling 2013-17, recognizing legal same-sex marriages, regardless of where the couple resides, applies to ERISA benefits for purposes of federal law. Critical questions, however, relating to the potential retroactivity of the DOMA decision continue to challenge employers and raise the risk of litigation.

In light of these ongoing questions, our panel will provide a review of the impact of the Supreme Court’s DOMA ruling, and IRS Rev. Ruling 2013-17, and other agency guidance for ERISA-covered benefit plans and non-ERISA employment benefits and policies. The panel will discuss best practices for amending plans and policies for compliance and avoiding compliance pitfalls.

Listen as our authoritative panel of practitioners guides you through the critical implications for ERISA benefit plans and employer policies under the the Supreme Court’s DOMA decision and IRS Rev. Ruling 2013-17. The panel will outline best practices for counsel now and offer insights and perspectives on the issue of the retroactivity and potential exposure for past policies and practices.

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Outline

  1. Retirement plans
  2. Group health plans
  3. COBRA
  4. FMLA leave and other non-ERISA benefits and policies
  5. Payroll tax issues
  6. Retroactivity of the DOMA ruling: increased risks for employers?

Benefits

The panel will review these and other key questions:

  • What are best practices for reviewing current ERISA benefit plans for compliance with the DOMA ruling and revising plans to minimize risk for future liability?
  • What other employment practices and policies are impacted by the DOMA ruling and what steps should employers take now to amend or revise these policies?
  • If recognition of same-sex marriages for benefits purposes is retroactive, will employers face liability for past benefits decisions or practices, and if so, what steps can employers take to minimize this exposure, absent any current guidance?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Amanda A. Sonneborn
Amanda A. Sonneborn

Partner
Seyfarth Shaw

Ms. Sonneborn has considerable experience in ERISA and employee benefits litigation including defense of claims for...  |  Read More

W. Andrew Douglass
W. Andrew Douglass

Partner
Seyfarth Shaw

Mr. Douglass has extensive experience with respect to the legal, financial, and administrative issues that affect...  |  Read More

Sam Schwartz-Fenwick
Sam Schwartz-Fenwick

Seyfarth Shaw

Mr. Schwartz-Fenwick is particularly well-versed in ERISA benefits-related litigation defending complex class actions...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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