Robert Projansky
Robert M. Projansky is a partner in Proskauer’s Employee Benefits & Executive Compensation Group, head of the Health Care Reform Task Force and co-head of the Hiring & Terminations Group.
Rob has a broad practice advising both multiemployer and single employer clients on all issues related to the legal compliance and tax-qualification of ERISA-covered pension and welfare plans. Rob’s clients include the largest and highest-profile U.S. media and entertainment industry clients, as well as a broad range of Fortune 500 companies.
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As a follow up to our previous alert on the American Rescue Plan Act of 2021, we have summarized the key aspects of the recently released PBGC and IRS guidance on the new Special Financial Assistance Program for troubled multiemployer pension plans in our latest client alert, which can be found here.… Continue Reading
Just when we were about to draft our blog reminding plans of the expiration of the temporary relief. . . The IRS has now issued Notice 2021-40 extending for another year the temporary relief from the requirement that spousal consent for plan distributions or loans be witnessed in person. As discussed in greater detail in … Continue Reading
Today, the Treasury Department and the IRS released detailed questions and answers providing guidance on various implementation issues related to the COBRA premium subsidy under the American Rescue Plan Act of 2021 (ARP). By way of background, ARP includes a 100% COBRA premium subsidy for qualifying individuals during periods of coverage from April 1, 2021 … Continue Reading
Formally wading into the cybersecurity discussion for the first time, on April 14, 2021, the U.S. Department of Labor (DOL) posted on its website a suite of new guidance, including Tips for Hiring a Service Provider with Strong Cybersecurity Practices, Cybersecurity Program Best Practices, and Online Security Tips for Participants and Beneficiaries. By way of … Continue Reading
On November 3, 2020, the U.S. Department of Labor’s Office of the Solicitor of Labor (the “DOL”) issued an opinion letter (the “2020 Letter”) to the Securities Industry and Financial Markets Association (“SIFMA”) stating that it would not view a conviction under foreign law as a disqualifying event under Prohibited Transaction Class Exemption 84-14 (the … Continue Reading
Today, the House of Representatives passed the $1.9 trillion American Rescue Plan Act of 2021 (the “ARPA”). The ARPA has already been approved by the Senate and is expected to be quickly signed into law by President Biden. We recently published a client alert addressing Title IX, Subtitle H of the new legislation, which includes … Continue Reading
In this episode of the Proskauer Benefits Brief, partner Robert Projansky and special guest Garrett Fenton, senior attorney at Microsoft Corporation, discuss cyber theft of 401(k) plan accounts. Tune in as we discuss why 401(k) plans are vulnerable to cyber security breaches, what kinds of cyber security frauds we are seeing in 401(k) plans, evolving litigation on … Continue Reading
This afternoon, the Treasury Department issued Notice 2020-42, ending the uncertainty surrounding spousal consents to retirement plan distributions and loans in the socially distanced COVID-19 world. As plan administrators know, when spousal consent is required for a plan distribution or loan, the law requires that the consent be witnessed by a notary public or plan … Continue Reading
On March 18, 2020, the Senate passed and the President signed into law the Families First Coronavirus Response Act (the “Families First Act” or the “Act”) which was first drafted and passed by the House earlier in the week. As noted in our Law and the Workplace summary of the Act, the new Act contains … Continue Reading
Proskauer’s Employee Benefits and Executive Compensation Group will be attending and speaking at the 65th Annual Employee Benefits Conference hosted by the International Foundation of Employee Benefit Plans. Robert Projansky, Neal Schelberg and Anthony Cacace will be leading conversations around hot topics in the industry. We welcome you to join any of our presentations, we … Continue Reading
In this episode of the Proskauer Benefits Brief, partner Robert Projansky and associate Katrina McCann discuss the recent district court case, Texas et al. v. The United States of America, which declared the Affordable Care Act (ACA) unconstitutional. On December 14, 2018, a district court judge in the Northern District of Texas deemed the entirety of the Affordable Care Act … Continue Reading
In a surprising turn of events, on Friday, December 14th, a district court judge in the Northern District of Texas declared that the Affordable Care Act’s (“ACA”) individual mandate is unconstitutional and that, a result, the entire ACA is invalid. Although the ACA remains in effect for the time being and an immediate appeal to … Continue Reading
In this episode of the Proskauer Benefits Brief, Paul Hamburger, co-chair of Proskauer’s Employee Benefits & Executive Compensation Group, and partner Robert Projansky discuss ten basic steps for how to manage qualified domestic relations orders (QDROs). A QDRO is a judgment, decree or order for a retirement plan to pay child support, alimony or marital property rights to … Continue Reading
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
PBGC Releases Guidance on New Special Financial Assistance Program for Troubled Multiemployer Plans
By Ira Golub, Robert Projansky, Justin Alex and Mary Grace Richardson on Posted in PBGC
Temporary Relief for Witnessing Spousal Consent Extended for Another Year
By Katrina McCann and Robert Projansky on Posted in IRS Guidance, Plan Qualification
The Wait is Over: Treasury and IRS Release COBRA Premium Subsidy Guidance
By Robert Projansky and Jennifer Rigterink on Posted in COBRA
U.S. Department of Labor Steps into the Cybersecurity Discussion
By Robert Projansky, Steven Weinstein and Randall Bunnell on Posted in Cybersecurity, Department of Labor
What Happens Abroad, Apparently Does Not Stay Abroad – DOL Revokes Trump Administration Guidance That Provided Relief to QPAMs for Convictions Under Foreign Law
By Ira G. Bogner, Robert Projansky, Seth Safra, Steven Weinstein, Adam Scoll and Kaitlin Hulbert on Posted in Department of Labor
COVID-19 Stimulus Bill to Include Significant Pension Reforms and Expand Scope of 162(m) Compensation Deduction Limit
By Ira Golub, Robert Projansky, Andrea Rattner, Justin Alex and Mary Grace Richardson on Posted in Client Alert, Coronavirus
[Podcast]: Cyber-theft of 401(k) Accounts
By Robert Projansky on Posted in 401(k) Plans, Benefits Brief Podcast
One Problem Solved: Notice 2020-42 Provides Temporary Relief for Witnessing Spousal Consents
By Robert Projansky and Elizabeth Down on Posted in Coronavirus
Families First Coronavirus Response Act: From a Benefits Perspective
By Robert Projansky and Malerie Bulot on Posted in Coronavirus
Proskauer to Speak at the 65th Annual International Foundation’s Annual Employee Benefits Conference
By Robert Projansky, Neal Schelberg and Anthony Cacace on Posted in Multiemployer Funds
[Podcast]: Texas Judge Declares Affordable Care Act Unconstitutional
By Robert Projansky and Katrina McCann on Posted in Affordable Care Act, Benefits Brief Podcast, Tax Reform
District Court Declares Entire Affordable Care Act Unconstitutional – What It Means for Employers and Plan Sponsors
By Robert Projansky, Paul M. Hamburger and Damian A. Myers on Posted in Affordable Care Act
[Podcast]: QDROs in 10 Easy Steps
By Robert Projansky and Paul M. Hamburger on Posted in Benefits Brief Podcast, Qualified Domestic Relations Order
[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 Cristopher Jones, Paul M. Hamburger, Robert Projansky, Seth Safra and Steven Weinstein on Posted in IRS
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 Steven Weinstein, Robert Projansky and Damian A. Myers on Posted in Affordable Care Act
U.S. DOL To Issue Final Rule and Exemptions on Fiduciary Standards
By David Picon, Ira G. Bogner, Russell Hirschhorn and Robert Projansky on Posted in Department of Labor, Fiduciary
IRS Notice 2015-87 (Part 1) – IRS Issues New HRA Integration Rules
By Damian A. Myers and Robert Projansky on Posted in Affordable Care Act
Reminder: Non-Grandfathered Plans Must Implement Embedded Out-of-Pocket Maximums
By Lisa Schlesinger and Robert Projansky on Posted in Affordable Care Act
King v. Burwell – Supreme Court Upholds Premium Subsidies under Federally-Run Marketplaces; ACA Remains (Mostly) Unfazed
By Robert Projansky, Paul M. Hamburger 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 Emily Erstling and Robert Projansky on Posted in Department of Labor
Contributing Employers to Multiemployer Plans Are Not Off the Hook – Tracking the Full-Time Status of Employees
By Emily Erstling and Robert Projansky on Posted in Affordable Care Act, Multiemployer Funds
