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Northwest OH Legal Blog

Tuesday, October 4, 2016

Internal Revenue Service Issues Guidance Regarding Waiver of 60-Day Rollover Requirement


In Internal Revenue Service (“IRS”) Procedure 2016-47, the IRS announced that a taxpayer who fails to meet the 60-day requirement for indirect rollovers from retirement accounts may make a written self-certification to an individual retirement account (“IRA”) trustee or a plan administrator that the rollover contribution satisfies one of 11 specific reasons listed in the IRS Revenue Procedure 2016-47 for excusing the missed 60-day deadline.

The trustee or administrator may rely on the taxpayer’s self-certification, subject to verification if the taxpayer is audited.  The certification must match the sample in the appendix of IRS Revenue Procedure 2016-47 word for word or be “substantially similar in all material respects.”  To qualify for relief from the 60-day requirement, the IRS must not have previously denied relief to the taxpayer for the rollover in question, and the taxpayer must have missed the 60-day deadline for one of the following reasons:

  1. The financial institution receiving the contribution or making the distribution to which the contribution relates made an error. 
  2. The distribution check was misplaced and never cashed.
    Read more . . .


Friday, September 30, 2016

THERE’S MORE TO THE NEW NON-DISCRIMINATION RULE


MEANINGFUL ACCESS FOR INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY

On May 18, 2016, the Department of Health and Human Services (HHS) published a final rule to implement Section 1557 of the Affordable Care Act (ACA).  This comprehensive rule prohibits discrimination in health coverage based on race, color, national origin, age, disability, and sex. Some of the provisions incorporate federal non-discrimination policies.  These provisions incorporate existing federal non-discrimination policies intertwined with some new protections.

Access for Individuals with Limited English Proficiency (LEP)

While the spotlight in the media regarding these new protections has been on the prohibition of sex discrimination which now includes gender identity discrimination in its definition, other very significant anti-discrimination provisions are included in the expansion of Section 1557 of the ACA.
Read more . . .


Friday, September 23, 2016

Proposed Legislation Would Allow Workers’ Compensation Benefits for First Responders


As part of their job, first responders are often subject to traumatic experiences. Sometimes the effects can be long-lasting, and several first responders suffer from Post-Traumatic Stress Syndrome (PTSD) because of their experiences. One would think that because they experience PTSD as a result of their job duties, they would be entitled to Workers’ Compensation benefits for treatment of the condition and the lost time that results. Unfortunately, Ohio Law does not provide such compensation in most cases.

PTSD is a psychiatric condition.
Read more . . .


Friday, September 16, 2016

EMPLOYERS ARE SUBJECT TO NEW OVERTIME RULES BEGINNING DECEMBER 1, 2016


Employers have until Dec. 1, 2016 to implement changes pursuant a new Department of Labor Rule that significantly adjusts overtime Rules and increases the salaries of employees who are eligible for overtime pay.  The changes are pursuant are pursuant to the Fair Labor Standards Act, a federal law that establishes minimum wage, overtime pay eligibility, recordkeeping and child labor standards affecting full-time and part-time workers.

What employers are covered?

Generally, employees of organizations with at least $500,000 of business or gross sales in a year are covered by FLSA. In addition, employees of certain entities are covered by the FLSA regardless of the volume of sales or business done.
Read more . . .


Tuesday, August 23, 2016

Fidelity Investments Prevails in ERISA Float Litigation


A recent federal appellate court decision highlights the need for ERISA fiduciaries to evaluate the treatment of a particular type of interest called “float income” to ensure compliance with ERISA.  In In Re Fidelity ERISA Float Litigation, No. 15-1445, 2016 U.S. App.
Read more . . .


Friday, August 12, 2016

Workplace Restrictions and Temporary Total Disability


If you have been injured at work you may be unable to perform certain job tasks. But there are several things you must know to make sure your rights as an injured worker are protected.

The first step is to go to the doctor. If you are having difficulty performing your work tasks, the doctor must do an examination to determine what work restrictions are necessary. Such restrictions as the ability to lift, push, pull, stand, walk, squat, and other physical tasks are evaluated.
Read more . . .


Friday, August 5, 2016

Final ACA Nondiscrimination Rules Effective July 18, 2016


On July 18, 2016, the final Department of Health and Human Services (HHS) regulations under Section 1557 of the Affordable Care Act (ACA) officially went into effect. However, many of the standards included under those rules have a delayed effective date. Section 1557 generally prohibits “covered entities”, which includes certain health plans, health plan administrators, providers and insurers, from discriminating on the basis of race, color, national origin, sex, age, or disability. Despite the fact that these rules are final, many questions remain unanswered. This leaves health plans and other entities unable to determine whether they are subject to the rule, and what that means.
Read more . . .


Wednesday, July 27, 2016

Internal Revenue Service Announces Changes to Determination Letter Program for Individually Designed Retirement Plans


On June 29, 2016, the Internal Revenue Service (“IRS”) released supplemental guidance detailing anticipated changes to its determination letter program for individually designed retirement plans (“IDPs”) that are tax-qualified under the Internal Revenue Code (“Code”).  The changes are generally effective January 1, 2017.  Although IRS Revenue Procedure 2016-37 covers many changes to the IRS’s determination letter program, most of the changes relate to when an IDP—

  • must be amended for legally required changes, or
  • may request a determination letter.

Background.  IRS Revenue Procedure 2007-44 established a five-year remedial amendment cycle (“RAC”) system for IDPs that have been amended to request a determination letter from the IRS.
Read more . . .


Tuesday, July 19, 2016

New Regulations Require that Health Plans Must Now Cover Transgender Services And Further Accommodate Disabled Participants and Those with Limited English Proficiency


What do the new regulations cover?

            Just when we though the Affordable Care Act complicated health plans more than we could imagine, new regulations emerged!  The Department of Health and Human Services (HHS) published a final rule, on May 18, 2016, that expands Section 1557 of the Affordable Care Act (“ACA”) and will require many group health plans to cover health care services previously denied to transgender individuals.  Additionally, plan participants with limited English proficiency or a communications’ disability, must now have equal access benefits communications under this final regulation. To what extent the regulations apply to each multiemployer plan may be complicated. However, the intentions of HHS are clear.  Plan sponsors will be strongly encouraged to cover health care services for transgender individuals and accommodate and provide plan communications to disabled and limited English- speaking participants in a more comprehensive way.
Read more . . .


Wednesday, July 13, 2016

Workers’ Compensation: What You Need to Know About Your Injury and Reporting It


The purpose of Workers Compensation law is to compensate workers who were injured as a result of their workplace injuries. For the Bureau of Workers’ Compensation to process the claim, it must be notified within two years of when the injury occurred, or two years after the death of an employee if the worker’s death was caused by a workplace accident. If the worker contracted a disease from the workplace, there are special rules regarding how long the worker has to file. The injury can be reported by the worker, the worker’s employer, or the worker’s representative, such as an attorney or doctor.

Although a worker has two years to file his or her injury with the Bureau of Workers’ Compensation, the worker should NOT delay in filing a claim.
Read more . . .


Tuesday, July 5, 2016

The PBGC Reports That Multiemployer Program Needs Substantial Premium Increases. The Single-Employer Program Is Likely to Eliminate Its Deficit by 2025


The Pension Benefit Guaranty Corporation (PBGC) provides a safety net for participants in private-sector defined-benefit plans by insuring the participants' benefits under the plan. This federal corporation was established by the Employee Retirement Income Security Act (ERISA) of 1974 to give participants in plans covered by the PBGC guaranteed "basic" benefits in the event that their employer-sponsored defined benefit plans become insolvent.

The PBGC protects the pension benefits of more than 40 million Americans in private-sector pension plans and is directly responsible for paying the benefits of about 1.5 million people in failed pension plans. PBGC receives no tax dollars.
Read more . . .


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With an office located in Toledo , OH Allotta Farley Co., L.P.A. serves clients throughout northwest OH with various legal matters. Areas of service include Allen County, Ashland County, Auglaize County, Crawford County, Defiance County, Erie County, Fulton County, Hancock County, Hardin County, Henry County, Huron County, Lucas County, Marion County, Mercer County, Morrow County, Ottawa County, Paulding County, Putnam County, Richland County, Sandusky County, Seneca County, Van Wert County, Williams County, Wood County, Wyandot County.

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