EBIA Weekly Newsletter

How Is Our 401(k) Plan Affected by IRS Regulations Defining “Spouse” After the Windsor and Obergefell Decisions?


   July 12, 2017

QUESTION: We understand that the IRS has issued regulations defining the term “spouse” that reflect the U.S. Supreme Court’s Windsor and Obergefell same-sex marriage decisions. Could you explain which 401(k) plan rules are affected, so we can determine if our 401(k) plan complies with the regulations? ANSWER: The U.S. Supreme Court’s Windsor decision held that … Read More


No Private Right of Action Under Health Care Reform’s Provider Nondiscrimination Provision


   July 6, 2017

Ass’n of N.J. Chiropractors, Inc. v. Horizon Healthcare Servs., Inc., 2017 WL 2560350 (D. N.J. 2017) Available at https://www.gpo.gov/fdsys/pkg/USCOURTS-njd-3_16-cv-08400/pdf/USCOURTS-njd-3_16-cv-08400-0.pdf A federal district court has dismissed a chiropractic association’s lawsuit against a health insurer, concluding that there is no private right of action under health care reform’s provider nondiscrimination provision. … Read More