Robert Projansky
Partner
Robert M. Projansky is a partner in the Employee Benefits & Executive Compensation Group and head of Proskauer's Health Care Reform Task Force.
His practice covers the full spectrum of employee benefit issues, including advising clients regarding all aspects of pension and welfare plan administration, plan investment issues, health care reform, mergers and terminations, government audits, participant communications, fiduciary responsibility matters and prohibited transactions issues.
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In a benefits law edition of The Proskauer Brief, senior counsel Anthony Cacace and partner Robert Projansky discuss how severance plans can be subject to ERISA. They also discuss the key advantages of having severance pay arrangements covered by ERISA and what employers can do to design plans that comply with the substantive and procedural requirements of ERISA, but … Continue Reading
Following the old “better late than never” axiom, the IRS recently announced (see Notice 2018-06) that once again it would be extending the distribution (but not filing) deadline for the Affordable Care Act (ACA) reporting requirements set forth in Sections 6055 and 6056 of the Internal Revenue Code (the “Code”). Under Code Section 6055, health … Continue Reading
If your 401(k) plan recordkeeper has not talked to your company lately about hardship distributions, it may be time to reach out to the recordkeeper. The short story is that the IRS recently issued an internal memorandum (found here https://www.irs.gov/pub/foia/ig/spder/tege-04-0217-0008.pdf) providing guidance to its employee plans examination group on the substantiation requirements for hardship distributions … Continue Reading
A lot has been written over the last few months about what to do now that the IRS has closed its determination letter program for ongoing individually designed tax-qualified retirement plans. Some see this as cause for celebration because we no longer have to go through the trouble of collecting documents, filling out forms, and … Continue Reading
Over the past five years or so, Republican Congressmen have repeatedly taken steps to repeal President Obama’s landmark legislative effort – the Patient Protection and Affordable Care Act (the “ACA”). However, those efforts either failed to advance in Congress or were vetoed by President Obama. Tuesday’s Presidential and Congressional election, in which Donald Trump was … Continue Reading
Today, the U.S. Department of Labor will release its highly-anticipated Final Rule and Exemptions addressing when a person providing investment advice with respect to an employee benefit plan or individual retirement account is considered to be a “fiduciary” under the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code. According to a … Continue Reading
On December 16, 2015, the Internal Revenue Service issued Notice 2015-87 containing guidance on a wide-range of topics under the Affordable Care Act (ACA). In addition to providing guidance on affordability and COBRA matters (which will be described in subsequent blogs), Notice 2015-87 builds upon prior guidance to regulate further the use of health reimbursement … Continue Reading
As employers and plans prepare for 2016 open enrollment, they must be sure to address in their benefit design and with their third party vendors the new embedded out-of-pocket maximum limitations on individuals that were announced at the end of May by the U.S. Departments of Labor (“DOL”), Health and Human Services (“HHS”) and the … Continue Reading
On June 25, 2015, the United States Supreme Court released its much anticipated King v. Burwell decision regarding the validity of premium assistance issued by Federally-run Marketplaces. Chief Justice Roberts, writing for the 6-3 majority, agreed with the Internal Revenue Service’s (IRS) interpretation that premium assistance under the Patient Protection and Affordable Care Act of … Continue Reading
In recent talks and appearances, representatives of the U.S. Department of Labor have issued a warning about new areas of focus of DOL audits and enforcement actions. While there are a number of different enforcement priorities, we discuss two of them—health plan claims and appeals and valuation of hard to value assets— here because these … Continue Reading
Contributing employers to multiemployer plans were relieved by the Treasury Department’s interim guidance stating that they will not be subject to the employer shared responsibility payments under the Affordable Care Act (“ACA”) with respect to employees for whom they contribute to a multiemployer plan that provides minimum value, offers dependent child coverage and is affordable. … Continue Reading
On March 25, 2014, in a decision highly anticipated by employers, the U.S. Supreme Court held unanimously that certain severance payments paid to employees who were involuntarily terminated were taxable wages for purposes of the Federal Insurance Contributions Act (FICA). United States v. Quality Stores, Inc., et al., No. 12-1408 (U.S. Mar. 25, 2014). The … Continue Reading
On March 5, 2014, the Department of Health and Human Services released a Final Rule addressing, among other things, transitional reinsurance fees payable in the 2014 through 2016 benefit years. By way of background, under the Affordable Care Act (“ACA”), a transitional reinsurance fee applies to most group health plans. The transitional reinsurance fee is … Continue Reading
As previously reported, on Monday, February 10, 2014, the IRS released final regulations on the Affordable Care Act’s (ACA) employer “shared responsibility” provisions, also known as the “pay-or-play” mandate. While the final regulations have (predictably) received mixed reviews, some employers – most notably those with 50 to 99 employees or those that covered almost but … Continue Reading
Although some would argue that the next U.S. Supreme Court term is not shaping up to be as monumental as the last term, employers should have their eye on the recent decision of the Court to hear United States v. Quality Stores, Inc. The Court’s decision in this case in the next term will finally … Continue Reading
Last Friday, employers contributing to multiemployer plans received some good news. As expected, the Internal Revenue Service amended the transition rule for 2014 originally set forth in its proposed regulations on the pay or play mandate. (The new text of the rule can be found here). An employer required by a collective bargaining agreement to contribute to … Continue Reading
[Podcast]: Severance Pay Plans & ERISA
By Anthony Cacace and Robert Projansky on Posted in Severance
IRS Once Again Extends Distribution (Not Filing) Deadline for ACA Reporting and Continues Good Faith Standard
By Robert Projansky and Damian A. Myers on Posted in Affordable Care Act, IRS
The Time is Right to Contact Recordkeepers About Hardship Substantiation
By Robert Projansky and Seth Safra on Posted in IRS
Protecting Your Qualified Retirement Plan Now that the IRS Determination Program is (Mostly) Closed
By Paul M. Hamburger, Cristopher Jones, Robert Projansky, Seth Safra and Steven Weinstein on Posted in IRS, Retirement Plans
Election Results Likely to Result in the End of the ACA as We Know It, But Employers and Plan Sponsors Should Stay the Course for Now
By Robert Projansky, Steven Weinstein and Damian A. Myers on Posted in Affordable Care Act
U.S. DOL To Issue Final Rule and Exemptions on Fiduciary Standards
IRS Notice 2015-87 (Part 1) – IRS Issues New HRA Integration Rules
By Robert Projansky and Damian A. Myers on Posted in Affordable Care Act, Health Care Reform
Reminder: Non-Grandfathered Plans Must Implement Embedded Out-of-Pocket Maximums
By Robert Projansky and Lisa Schlesinger on Posted in Affordable Care Act
King v. Burwell – Supreme Court Upholds Premium Subsidies under Federally-Run Marketplaces; ACA Remains (Mostly) Unfazed
By Paul M. Hamburger, Robert Projansky and Damian A. Myers on Posted in Affordable Care Act, Supreme Court
DOL’s New Audit Focus? Health Plan Claims and Appeals and Hard to Value Assets
By Robert Projansky and Emily Erstling on Posted in Department of Labor
Contributing Employers to Multiemployer Plans Are Not Off the Hook – Tracking the Full-Time Status of Employees
By Robert Projansky and Emily Erstling on Posted in Affordable Care Act, Multiemployer Funds
Supreme Court Finds Severance Payments are Subject to FICA
By Nathan Bentley, Robert Projansky and Elizabeth M. Mills on Posted in Federal Insurance Contributions Act, Severance
More Multiemployer Plan Relief – Final Rule Exempts Self-Insured/Self-Administered Plans from Transitional Reinsurance Fee in 2015 and 2016
By Robert Projansky on Posted in Affordable Care Act, Health Care Reform, Multiemployer Funds
Relief for Multiemployer Plans (and the Employers That Love Them)
By Robert Projansky and Peter Marathas on Posted in Affordable Care Act, Health Care Reform
Supreme Court to Decide Whether RIF-Related Severance Pay Is Subject to FICA
IRS Clarifies Applicability of Pay or Play to Multiemployer Plans’ Contributing Employers
By Robert Projansky on Posted in Affordable Care Act, Articles, IRS
