Employee Benefits Committee Newsletter

Issue: Summer 2014

About This Issue

Summer is obviously upon us, the Supreme Court has completed its work for the term and, as usual, not without controversy. We know what a Senate recess is and bid adieu to the World Cup and, sort of, to the Moench presumption. We still do not quite know whether a corporation can have a constitutionally recognized soul, but we do know it's time for the second 2014 edition of the EBC Newsletter. The continuing efforts to address a broad spectrum of issues and developments of interest bring you the following offerings:

  • Professor Norman Stein weighs in on the legislative history of the church plan issue with a piece entitled "An Article of Faith: The Gratuity Theory of Pensions and Faux Church Plans."
  • Thomas Hancuch explores the impact that independent contractor misclassification can have on health plans in "The Affordable Care Act Ups the Ante for Worker Misclassification."
  • Cassie Springer Ayeni offers her views on the circuit split on the ERISA status of converted insurance programs in "Once an ERISA Plan, Always an ERISA Plan?"
  • Kimberly L. Bradley & Jonathan M. Feigenbaum provide a thought-provoking piece entitled "McCutcheon 2.0" on lessons learned on the remand from the Supreme Court, or as that great trio of ERISA scholars the late Yogi Berra, Lenny Kravitz and Marlo Thomas have separately opined, "It ain't over til it's over."
  • Tzvi N. Mackson & Jani Rachelson give those who do not regularly operate in the multiemployer space a glimpse of that brave new world in "Open Questions for Multiemployer Plans Under The Affordable Care Act."
  • The ever popular "As We Go to E-Press" returns.

The members of the editorial board remain keenly interested in your feedback on whether we are capturing what you would like to see in your newsletter. They would also be delighted to discuss article ideas you may have. Those with thoughts on issues they would like to see addressed and/or thoughts on articles should contact one of the editors.


Jim Nelson, Greenberg Traurig

Kelly Lawson, U.S. Department of Labor

Catha Worthman, Lewis, Feinberg, Lee & Jackson

Doug Selwyn, Conner & Winters LLP

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