While the Right-to-Know Law (RTKL) continues to be in effect for most municipal entities, its function has been temporarily suspended for the Commonwealth due to the current COVID-19 emergency. Pursuant to Section 901 of the law, all requests must receive a response within five business days – excluding days closed for business. If an agency faces “bona fide issues” related to this pandemic, the Pennsylvania Office of Open Records’ (OOR) advisory permits temporary suspensions exceeding the scope of that law. The OOR recommends the agency seek their solicitor’s advice before taking this recourse. Under Act 15, municipalities operating under an… read more »
COVID-19 Municipal Update: ACT 15 of 2020 — A Primer for Municipalities
On Monday, April 20th, 2020, Governor Tom Wolf signed Act 15 2020 (the “Act”), which, among other things, has significant implications for the administration of local government in Pennsylvania for the duration of the Disaster Emergency that was declared on March 6th, 2020.Specifically, the Act addresses three issues relevant to local government: The Act allows municipalities, for the duration of Disaster Emergency, to conduct business through telecommunication devices, provided that public participation is permitted to the maximum extent possibleThe Act tolls the time limits for applications received by a municipality or pending before the municipality for a period of 30… read more »
COVID-19 Update: Remote Notary for Estate Planning Now Available During Emergency
Written by Attorney Timothy J. Bupp, CELA; CGA Estate Practice Chairman The COVID-19 emergency has created unwanted stress for those of us in quarantine. The risk of illness, particularly for older persons, has caused concern regarding whether we can get the legal help we need. Review estate planning documents Many have taken this time to rethink their estate planning documents, including wills, health care directives, and powers of attorney. Unfortunately, during this uncertain time when having these documents in place has never been more important, the shelter-in-place order makes it more difficult than ever to arrange the necessary meetings with professionals to prepare,… read more »
COVID-19 Update: Congress Expands Access to Retirement Accounts During Emergency
COVID-19 Update: Congress Expands Access to Retirement Accounts During Emergency Written by Attorney Timothy J. Bupp, CELA; CGA Estate Practice Chairman Among the many provisions of the $2.2 trillion dollar CARES Act passed by Congress in March are several directed at retirement plans. These provisions loosen the usual restrictions on qualified accounts for those suffering economically from the current emergency. — Emergency Withdrawals. Early withdrawals from an IRA or qualified plan account usually trigger a ten- percent excise penalty. However, the CARES Act now allows Covid-related distributions from a qualified account of up to $100,000 without the penalty, so long as the participant repays the… read more »
A Message from the Estate Practice Group Chair
A message from the Estate Practice Group Chair In these difficult times, our first, last and foremost thought is the safety and well-being of our clients, our employees, and all of our families. In such times of uncertainty, all of us desire the reassurance of knowing that essential estate planning documents are in place to provide for and protect our loved ones. At CGA, our goal is to assure our clients that they have the strong and updated estate documents they need, provided in a manner that protects the safety of our clients, our employees, and our nation. To that… read more »
COVID-19 Update: Families First Coronavirus Response Act
On March 18, 2020, Congress passed the “Families First Coronavirus Response Act,” which provides free COVID-19 testing, increases Medicaid funding, and expands food security initiatives and support for those impacted by the COVID-19 public emergency. The law also provides paid leave and enhances access to unemployment insurance for employees. The key provisions impacting employers are summarized below. Emergency Paid Sick Leave ActThe section of the law entitled “Emergency Paid Sick Leave Act,” requires employers to provide employees with paid sick leave for absences related to COVID-19 until December 31, 2020. Covered Employers: Defined as private employers with fewer than 500 employees and government… read more »
COVID-19 Update: Commercial Contracts
COVID-19 has created many urgent questions for business clients, including how to handle commercial contracts. This article outlines the issues involved and provides general information to aid in certain decisions. Under the laws, there are multiple frameworks that might apply to your situation – explicit contract language, the UCC and the common law of contracts. An attorney can help you determine which of those frameworks applies to your circumstance. Each situation is unique and this article does not provide any specific advice. Force Majeure Your commercial contract may contain a force majeure provision. A force majeure provision may excuse or delay certain contractual obligations during… read more »