MITCHELL LAW GROUP NEWSLETTER
AUGUST 2001
813-223-1959
813-221-2517 (telefax)
www.askmitch.net


These newsletters are provided free to MLG clients and friends. They will be electronically posted at www.askmitch.net.

Employment Law

Florida Bar Certification. Bill is one of the first Florida lawyers to be granted Board Certification in Labor and Employment Law.

Employment Law Thresholds. We have posted a summary of the number of employees that are required to trigger important Florida and federal employment laws. You can find this summary at askmitch.net

Employee Benefits

2001 Tax Act. A summary of the employee benefits and estate planning provisions in the 2001 Tax Act is posted on the MLG webpage at askmitch.net. The summary is about 20 pages. Some of the important employee benefit changes in the law scheduled for 2002 are:

Elimination of IRS user fee for determination letters for small employers.

Liberalized rollover rules.

Repeal of the 25% limitation on defined contribution plan contributions.

Disability Plans. Disability plan litigation is rapidly increasing. Although this litigation is primarily between the disabled participant and the insurance company, employers have exposure. It is therefore critical that employers review carefully their disability plans. We know of one case where because of a poorly drafted plan, an employer may be liable for $300,000 in disability benefits as the result of an insurance company refusal to pay benefits.

Summary Plan Descriptions. The Department of Labor has issued regulations effective January 1, 2002, that will require the rewriting of the summary plan descriptions for most health and disability plans. For example, if a health plan requires prior approval, the procedures for obtaining that prior approval must be set forth in the summary plan description. Other newly issued regulations that apply more generally will require changes to summary plan descriptions for plan years beginning after January 20, 2001.

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