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55 Matching News Items

1.  IRS Charts Path to a 401(k) Plan Student Loan Feature -- Will Plan Sponsors Follow?
Perkins Coie LLP Link to more items from this source
Sept. 25, 2018
"[A] number of open questions remain about how (and whether) to implement a program like the one described in the ruling, such as how to verify student loan repayments and what effect the program would have on other tax qualification requirements.... The IRS's ruling provides only limited guidance, and it fails to address how such programs comport with technical plan qualification requirements other than the contingent benefit rule."
2.  Impact of Tax Reform on Some Private Company Equity Awards: Limited Income Tax Deferral Opportunities for Employees
Perkins Coie LLP Link to more items from this source
Jan. 8, 2018
"Additional guidance is needed to clarify, among other things, [1] the scope of the term 'transferable' in the context of transferability to employer corporations (including whether an exception will apply for customary provisions, such as an employer's right to repurchase an employee's stock after his or her employment relationship is terminated); [2] under what circumstances the provision requiring immediate income inclusion upon an individual's qualified stock becoming 'transferable' applies in light of the provision deferring income inclusion for five years after the first date on which the rights of the individual in the qualified stock become 'transferable'; and [3] when the holding period for qualified stock begins if a Section 83(i) election is made."
3.  Employer Shared Responsibility: Have Penalties Been -- Or Will Penalties Ever Be -- Assessed?
Perkins Coie LLP Link to more items from this source
Apr. 27, 2017
"By not expanding the matching program, information return reporting leads to mismatches and unnecessary notices ... [The authors] have been unable to determine whether any of these types of penalties have been assessed, although based on the [Taxpayer Advocate Service], it appears that none have as of yet.... This is of particular concern to ALEs because efforts that must be taken to either correct or confirm that correct information was submitted to the IRS are costly and time-consuming."
4.  The Fate of the ACA's Cost-Sharing Reduction Subsidies
Perkins Coie LLP Link to more items from this source
Apr. 19, 2017
"Elimination or delay of CSR payments will severely affect insurers that provide Marketplace coverage, leading, potentially, to an exodus from the individual market. If this occurs, costs could be shifted to employers and employees ... Healthy, sustainable Marketplaces provide flexibility in coverage options for part-time and former employees. Employers should expect these individuals to request coverage options in the absence of Marketplace or other individual coverage."
5.  Recent HIPAA Privacy and Security Settlements, and Lessons Learned
Perkins Coie LLP Link to more items from this source
Apr. 6, 2017
"The settlements and penalties so far [in 2017] total over $11 million, with one of the settlements equaling the largest ever, at $5.5 million.... [L]essons and reminders [include]: [1] Don't use unsupported software (i.e., out-of-date versions) and apply patches regularly and promptly. [2] Train your workforce that idle curiosity ... is forbidden and a HIPAA violation. [3] Pay close attention to Internet scheduling tools, which can present special problems. [4] After routine maintenance, always check that firewalls are reactivated and security settings are appropriate. [5] Wipe any hard drives (which many copiers have) before reselling or returning to leasing companies."
6.  Avoiding COBRA's Bite: Measures to Counter COBRA Class Actions
Perkins Coie LLP Link to more items from this source
Jan. 19, 2017
"Wal-Mart is just one of several companies that have faced putative class action complaints as a result of allegedly inadequate COBRA notices.... Among the allegations listed was that the required information was 'piecemealed' throughout Wal-Mart's notice, and the notice did not provide contact information for the plan administrator; the notice did not explain that a covered employee's spouse may elect continuation coverage on behalf of all other qualified beneficiaries; and the notice did not explain how electing continuation coverage would affect the qualified beneficiaries' future group health coverage rights."
7.  SEC Staff Smooths the Way for DOL Fiduciary Rule Compliance
Perkins Coie LLP Link to more items from this source
Dec. 27, 2016
"The SEC's Division of Investment Management released a Guidance Update ... addressing certain procedural issues that have arisen in connection with the so-called 'Fiduciary Rules' adopted by the [DOL]. The Guidance Update will make it easier for mutual funds to create and administer compensation arrangements tailored to comply with the Fiduciary Rules. It does not address, however, the extent to which brokers may independently set their compensation."
8.  New HIPAA Phase 2 Audits: Targets Notified by Email Only
Perkins Coie LLP Link to more items from this source
Apr. 28, 2016
"[E]ntities eligible for Phase 2 Audits should take the time now to ensure their systems, policies and implementation procedures are up-to-date and properly documented. Given the short timeline for Phase 2 Audits, once a target receives a notice of audit selection, it will likely be too late to bring its procedures into compliance with HIPAA Privacy, Security and Breach Notification Rules."
9.  SEC Adopts CEO Pay Ratio Disclosure Rules
Perkins Coie LLP Link to more items from this source
Oct. 9, 2015
Topics include: [1] Where and how to make pay ratio disclosures; [2] Identifying the median employee; [3] How often must companies identify the median employee? [4] Limited exceptions for non-U.S. employees; [5] Calculating annual total compensation; [6] Must disclose methodology, assumptions and estimates; and [7] Exempt companies and transition periods.
10.  SEC Proposes Rules to Implement Dodd-Frank Act Executive Compensation Clawback
Perkins Coie LLP Link to more items from this source
Aug. 2, 2015
"Although the timing for the new listing rules is uncertain, they could be effective within a year. Companies should consider taking the following actions: [1] Take a fresh look at their Section 16 officer group ... and develop additional record keeping procedures to track when Section 16 reporting status terminates. [2] Review existing clawback policies to consider what kinds of changes will be needed to conform to the new listing standards. [3] Review the current incentive compensation programs to identify various elements potentially subject to clawback as well as potential design changes. [4] Review the compensation committee charter to identify changes required for the committee's new responsibilities for overseeing enforcement of the clawback policy."
11.  San Francisco Bay Area Commuter Benefits Program Basics
Perkins Coie LLP Link to more items from this source
Aug. 21, 2014
"Employers in the San Francisco Bay Area must now help their employees use alternative transportation ... The Bay Area Commuter Benefits Program requires employers of 50 or more employees to select one (or more) of four commuter benefits options. Covered employers must select and implement at least one of the options by September 30, 2014. Unless it is extended, this pilot program will terminate at the end of 2016."
12.  Final Play-or-Pay Regs Provide Relief and Much-Needed Clarification
Perkins Coie LLP Link to more items from this source
Mar. 4, 2014
"Recognizing that a number of employers that provide health coverage for their employees do not currently provide dependent coverage, the final regulations have extended the transition relief from the proposed regulations to the 2015 plan year. This relief applies with respect to plans that [1] do not offer dependent coverage; [2] offer dependent coverage that is not [minimum essential coverage (MEC)]; or [3] offer MEC to some but not all dependents of full-time employees, with [certain] limitations[.]"
13.  ACA Creates Compliance Challenges for HRAs and Other Arrangements
Perkins Coie LLP Link to more items from this source
Oct. 7, 2013
"Employers that currently offer stand-alone HRAs should consider whether to integrate the HRA with group health plan coverage that satisfies the annual dollar limit prohibition and the preventive services requirement. It may require some drastic changes depending on the nature of the existing plan.... Employers currently offering individual health plan coverage purchased through insurance marketplaces as a qualified benefit under a cafeteria plan will need to amend the plan to drop that option as of the first plan year that begins on or after January 1, 2014."
14.  SEC Proposes CEO Pay Ratio Disclosure Rules
Perkins Coie LLP Link to more items from this source
Oct. 1, 2013
"Comments on the proposed rules will be due December 2, 2013. In the proposing release, the SEC requested comments on more than 60 specific issues to help the commission evaluate the approaches taken in the proposed rules. During the open meeting at which the SEC adopted these proposed rules, the commissioners also strongly encouraged issuers, investors and other stakeholders to submit robust comments on the potential impacts of these proposed rules. The dissenting commissioners encouraged detailed and 'data-heavy' comments, along with realistic estimates of the costs of compliance."
15.  Some Employers Need to Start ACA Measurement Periods in 2013
Perkins Coie LLP Link to more items from this source
Sept. 25, 2013
"Now is the time to determine controlled group makeup and to make sure that 2014 records will capture all of the necessary information to identify full-time employees.... For employers with calendar year plans and a desire to use 12-month measurement and stability periods, the measurement period will need to begin in 2013 for the employer to be ready for employer shared responsibility compliance by January 1, 2015.... It is currently unclear whether non-calendar year plans will be required to comply with the employer shared responsibility provisions by January 1, 2015, or will be able to wait until the plan year that begins during 2015."
16.  Ready for HITECH Changes on September 23, 2013?
Perkins Coie LLP Link to more items from this source
Sept. 13, 2013
Provides a compliance checklist for sponsors of health plans to use to measure their progress toward meeting the new requirements. Areas for consideration include: Business Associate Agreements; Policies and Procedures; Notice of Privacy Practices; and Retraining.
17.  Portland, Ore. Adopts Mandatory Sick Leave Law; with Pay, If Employer Has Six or More Employees
Perkins Coie LLP Link to more items from this source
Mar. 28, 2013
"The ordinance covers any employee who works more than 240 hours per year in Portland. This includes anyone who travels to the City of Portland to work, who works in an office in Portland or who makes a stop in the city. However, an employee can use Portland sick time (PST) only for work in Portland. The employer does not need to be based in Portland or in Oregon for the coverage to apply."
18.  The ACA's 'Play or Pay' Mandate for Employers: How It Works
Perkins Coie LLP Link to more items from this source
Feb. 12, 2013
"Sole proprietors, partners in partnerships, 2% S corporation shareholders, employees who work outside the United States and leased employees (as defined in Code section 414(n)(2)) are generally not employees for purposes of the Play or Pay mandate. However, individuals who serve in dual roles -- such as an individual who provides services as an employee and serves on the board as a director -- are employees with respect to their hours of service in the role of employee."
19.  New HIPAA Omnibus Rule Implements Provisions of the HITECH Act
Perkins Coie LLP Link to more items from this source
Jan. 28, 2013
"The Omnibus Rule tightens the restrictions on the use or disclosure of PHI for marketing purposes by Covered Entities and Business Associates. Prior patient authorization for nearly all treatment and health care operations communications where the Covered Entity is marketing the products or services of a third party and receives 'financial remuneration' for making the communications (subsidized communications) is required. The authorization must state that remuneration is involved but may apply broadly to subsidized communications so long as the authorization otherwise meets the requirements of a valid authorization."
20.  Recent Changes to the IRS Employee Plans Compliance Resolution System
Perkins Coie LLP Link to more items from this source
Jan. 24, 2013
"[T]he IRS has added new methods for calculating corrective contributions for employees who are improperly excluded from safe harbor 401(k) plans, 403(b) plans and SIMPLE IRA plans.... The IRS will process applicable fees by converting submitted checks into electronic fund transfers, which require less time to process. A plan sponsor must therefore be sure that sufficient funds are readily available in its checking account before issuing a check for the VCP fee."
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