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41 Matching News Items |
| 1. |
Wisconsin Now Permits Collective Bargaining Negotiation of Health Care Plan Coverage for Certain Public Safety Employees
von Briesen & Roper, s.c. 
Nov. 5, 2023
"It is yet to be seen how the City of Racine litigation will be affected by this statutory change, as the statutory change arguably conflicts with the Circuit Court's decision.... The collective bargaining law no longer prohibits negotiations over whether or not the employer will provide health care coverage.... The legislative intent statement does not indicate that the law is to be applied retroactively."
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| 2. |
DOL Issues Revised FMLA Compliance Forms
von Briesen & Roper, s.c.
July 23, 2020
"One point made clear in the updated information is that employers do not have a right to require a Health Care Provider Certification where the FMLA leave is taken to bond with a healthy newborn or a child placed for adoption or foster care. ... The Certification form ... still lacks the specificity necessary for employers to fully evaluate the requirement that the employee is 'incapable' of performing the requirements of his or her job."
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| 3. |
Retirement Plan Benefits: The CARES Act and Other Considerations
von Briesen & Roper, s.c.
Apr. 1, 2020
"RMDs for 2020 are calculated based on account balances as of December 31, 2019, when the market was at or near record highs. The Act will allow individuals to avoid the financial hardship of recent market losses combined with RMD withdrawals calculated as of the recent market highs... Some individuals may, however, find now a good time to take RMDs despite this waiver ... The Act gives individuals flexibility to do this planning.... The conditions that make a conversion [to a Roth IRA] a good strategy include a lower income year or a down market. For many people, 2020 may be an ideal time to consider this income tax planning strategy."
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| 4. |
FFCRA Tax Provisions Impacting Governmental Employers
von Briesen & Roper, s.c.
Mar. 24, 2020
"[T]he Act does not currently allow the payroll tax credits to be claimed by the federal government, or the government of any state or political subdivision thereof, or any agency or instrumentality of the government.... [A] county, municipality, or school district required to make payments to its employees under the Act cannot recoup the cost out of the employer's share of payroll taxes in the same way that a private sector employer may."
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| 5. |
Families First Coronavirus Response Act: What Should Employers Do?
von Briesen & Roper, s.c.
Mar. 19, 2020
"[1] Review current policies and be careful of policy adjustments in an effort to provide supplemental benefits prior to the Act.... [2] Develop a Coronavirus Policy and FAQs for your employees.... [3] Develop 'work from home' rules ... [4] Update your Family and Medical Leave Policy to reflect the requirements of law.... [5] Provide employees with clear expectations and procedures as it relates to absences from work, eligibility for Paid Sick Leave and communications with/notices to Human Resources.... [6] Remain calm."
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| 6. |
Termination of Single Employer Defined Benefit Pension Plans in Bankruptcy
von Briesen & Roper, s.c.
Jan. 30, 2020
"[Topics include] [1] ERISA and the PBGC ... [2] [L]imited ability to terminate single employer defined benefit plans ... [3] Standard for terminating a single employer defined benefit plan in bankruptcy ... [4] Bankruptcy settlements with the PBGC ... [5] Companies that have recently terminated single employer defined benefit plans in bankruptcy."
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| 7. |
March 31 Deadline for 403(b) Plan Updates
von Briesen & Roper, s.c.
Jan. 30, 2020
"If you sponsor a 403(b) plan and you have not yet updated your plan as required, you should review your plan document as soon as possible to see what, if any, changes are needed.... If you do need to update your plan [document], you may have the option of using a pre-approved plan document or an individually designed plan document."
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| 8. |
DOL Reiterates That Employees Can't Decline Federal FMLA
von Briesen & Roper, s.c.
Mar. 18, 2019
"The DOL directive ... does not address employer compliance with other State medical leave laws ... Under Wisconsin law, the employee may determine if WFMLA leave will be used during the absence period unless the employer leave to be used by the employee and the WFMLA leave are for the same reasons. Then, the employee use of employer leave will be viewed as an election to use WFMLA leave for the period of absence. This may result in a federal/Wisconsin difference in the use, and availability, of FMLA leave."
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| 9. |
IRS Issues New Credit Form for Paid Family/Medical Leave
von Briesen & Roper, s.c.
Feb. 7, 2019
"The Employer Credit is available for years beginning after 2017 and before 2020, and ranges from 12.5% to 25% of wages paid to a qualifying employee while the employee is on family and medical leave. Employers that qualify may claim or elect not to claim the Employer Credit any time within three years from the due date of their return on either an original return or an amended return."
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| 10. |
2018 ACA Reporting: Filing Extensions, Forms Changes, and Good Faith Compliance
von Briesen & Roper, s.c.
Jan. 23, 2019
"For the third consecutive year, the IRS has provided an automatic extension for furnishing Forms 1095 to employees and has extended the good faith compliance standards for ACA reporting.... Generally, the relief will apply to missing or incorrect information such as social security number or date of birth. However, the relief does not apply to a failure to file, or timely file, any reports."
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| 11. |
Automobile Insurer Not Required to Reimburse Group Health Insurance Plan Under Automobile Liability Policy's Medical Expense Coverage
von Briesen & Roper, s.c.
Nov. 6, 2018
"[To] invoke the 'right to recovery' provisions, the coverage provided by both Security Health and American Family has to be a 'plan' as defined under [Wisconsin statutes]. The court ... ruled that American Family's [automobile liability] coverage was not a 'plan' for two ... reasons: [1] the medical expense coverage in the American Family policies was not 'required by law' because Wis. Stat. Section 632.32(4)(bc) specifically states that a named insured may reject medical expense coverage; and [2] the American Family medical expense coverage was not a 'no-fault' contract because 'no-fault' did not refer to medical expense coverage in an automobile insurance policy issued in Wisconsin." [Security Health Plan of Wisconsin, Inc. v. American Standard Ins. Co. of Wisconsin, No. 2017AP1914 (Wis. App. Ct. Oct. 25, 2018; unpub.)]
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| 12. |
IRS Provides Guidance on Qualified Small Employer Health Reimbursement Arrangements
von Briesen & Roper, s.c.
Jan. 18, 2018
"According to [IRS Notice 2017-67], a separate benefit up to the maximum permitted benefit must be provided to each eligible employee, regardless of whether employees are covered under an individual health policy or a family policy. Therefore, spouses who work for the same employer and who are covered under a family policy must both receive the full family benefit coverage.... However, eligible employees may not be reimbursed for duplicate costs, so the total premium reimbursement for Employees A and B may not exceed the $10,000 annual premium for their family health insurance policy."
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| 13. |
Wisconsin Governmental Entities Now Prohibited from Offering Domestic Partners Benefits
von Briesen & Roper, s.c.
Oct. 4, 2017
"[T]he official passage of the 2017-2019 biennial budget [included] the creation of Wis. Stat. Section 66.0510, which prohibits all municipalities, counties, and school districts from offering employee benefit plan coverage to domestic partners of employees as of January 1, 2018.... [T]he Legislature pointed to the State's recent legalization of same-sex marriage as eliminating the need for government employers to offer benefit plans which cover domestic partners."
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| 14. |
FMLA: Not Just a Large Employer Concern
von Briesen & Roper, s.c.
Aug. 2, 2017
"[A] smaller employer's failure to accurately communicate [FMLA] rights could lead to unintended coverage for the employee.... While not all federal appellate courts have weighed in on the application of equitable estoppel in FMLA cases, the doctrine is being argued at the district court level in every circuit. Employers should be aware of the potential for such claims and take steps to avoid them. [Some] examples illustrate scenarios where eligibility for FMLA leave may be misrepresented."
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| 15. |
HIPAA Small Breach Notifications Due to OCR March 1
von Briesen & Roper, s.c.
Feb. 12, 2017
"Covered Entities should submit notice for each small breach online via OCR's breach portal. The breach portal requires a separate fillable report for each breach rather than a simple upload of the covered entities' breach logs."
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| 16. |
Wisconsin Employment Relations Commission Clarifies Scope of Health Insurance Components
von Briesen & Roper, s.c.
Nov. 29, 2016
"On November 16, 2016, the [State of Wisconsin Employment Relations Commission] reaffirmed the Legislature's intention to broadly limit an employer's duty to bargain over proposals related to the provision of health insurance plans ... [The city of Monona] ... successfully argued that incentive payments to bargaining unit members who choose not to be covered by a health insurance plan operated by the City are prohibited subjects of bargaining under Wis. Stat. Section 111.70(4)(mc)6, as such incentive payments are 'costs and payments associated with health care coverage plans' and not 'employee premium contributions.' "
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| 17. |
Addressing Cybersecurity in Your Retirement Plan TPA Contract
von Briesen & Roper, s.c.
May 25, 2016
"Plan fiduciaries clearly have an obligation to protect retirement plan assets. Given that cyber-attacks may jeopardize the safety of those assets, employers should consider cybersecurity as it relates to the safety of plan assets when making decisions to select or retain a TPA and/or trustee for its plan(s). It is less clear what the employer's exposure would be in the event an employee's identity would be stolen as a result of a cyber-attack on the retirement plan TPA if no theft of retirement plan assets occurs."
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| 18. |
Dancing with the Devil: Balancing FMLA and ADA Obligations
von Briesen & Roper, s.c.
Oct. 19, 2015
"When an employee qualifies for FMLA leave, the employer might also have obligations to the employee under the Americans with Disabilities Act ... The Wisconsin employer also might have obligations under the Wisconsin Family and Medical Leave Act, the Wisconsin Fair Employment Act, the Workers' Compensation Act, short-term and long-term disability policies, and any rights contained in a collective bargaining agreement. This is where the dance begins."
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| 19. |
IRS Scrutinizes Public Employer PTO Plans
von Briesen & Roper, s.c.
Oct. 15, 2015
"The constructive receipt doctrine is taking on renewed significance as public employers have created new conversion options for 'extended leave,' retirement accounts, health insurance continuation, and the like, some of which have at least a limited 'cash out' option. But even in situations where the cash option is limited or capped, the IRS is clear that the 'constructive receipt' rule will continue to apply. The IRS is currently conducting an initiative focusing on benefits, and accordingly is increasing its scrutiny of public employer PTO and benefit plans."
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| 20. |
IRS Form 1095-C ACA Reporting and Disclosure Requirements
von Briesen & Roper, s.c.
July 20, 2015
"Although not every employee who receives a W-2 will also receive a Form 1095-C, every employee who must receive a Form 1095-C must also receive a W-2. Consequently, the 1095-C and W-2 functions may be coordinated.... If an ALE wants to keep Form 1095-C processing in house, the ALE should determine what data must be collected, identify where the required data is stored in its financial and information systems and develop systems to collect and aggregate the data, prepare and send the 1095-C forms to employees, and transmit the 1094-C and 1095-C forms to the IRS."
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