Flyboyjohn

Thanks, obviously a daunting and expensive task. Since the 15 employers are widely separated geographically, no employees work for more than 1 of the employers and all the plans have TPAs that "test" the plans as if they're not part of a CG could we reasonably reach a conclusion that the CG is "in compliance" if we gathered enough data to confirm that all plans pass coverage when tested on the entire CG basis? I seem to remember that if all plans can pass coverage you don't have to perform any group ADP/ACP testing or worry about different BRFs?

Holding company has 15 wholly owned subsidiaries which all have separate qualified plans (mostly 401k plans). Does anybody have any tips/tricks for simplifying the process of performing (or avoiding?) coverage (and other?) testing across the controlled group?

Small employer has sponsored a SIMPLE IRA for 8 years. Small Employer now discovers/recognizes that it's part of a controlled group with thousands of employees and was never eligible to sponsor the SIMPLE IRA. What's the fix? It couldn't be as "simple" as stopping contributions and filing for a compliance statement under VCP? Thanks.

Participant dies while alone and with trauma to head evidently caused by falling on coffee table. Participant has history of drug abuse and police confiscate her phone presumably to search for drug dealer? Her body is cremated, and Death Certificate indicates cause of death "Pending". Indications from authorities are the cause of death may never be known. Plan Administrator refuses to pay plan benefits to surviving spouse death beneficiary until cause of death is determined, presumably out of concern that a state "slayer" statute may not be preempted by ERISA and might preclude payment to her slayer. Wondering if anyone has encountered this situation or has a suggestion of how to deal with the impasse. Many thanks for any suggestions.

The scheme to have the skinny plan avoid BOTH the (a) and (b) penalties is to auto-enroll all FT employees in the skinny plan with employer paying 100% of the premiums (under $100/month with premium rebates possible). Since the employees are "covered" by and employer plan that provides MEC they are ineligible for Obamacare subsidies and therefore cannot invoke an employer (b) penalty. To obtain subsidies the EE must affirmatively opt out of the ER provided MEC skinny coverage and of course the EEs don't always understand the opt out option and voila no (b) penalties either. Like I said, a little too "cute" a scheme for me.

Yes, these so-called skinny plans have been around since ACA enactment and do avoid the (a) penalty but provide virtually no benefits beyond an annual wellness visit (preventive care). Typical "premiums" under $100/month/FT employee with possibility of "rebates" to the employer if minimal usage of benefits, The rub is the exposure to the (b) penalty for all the FT employees that visit HealthCare.gov for subsidized coverage so might be a viable option for an employer with a large number of FT employees on Medicaid or Medicare or covered by spouses so (b) penalty exposure is minimal. Please avoid the scam/scheme of the employer auto-enrolling all FT employees and paying 100% of the premiums for the skinny plan that precludes subsidized Obamamcare coverage and therefore also purportedly avoids the (b) penalty, a little too cute in my book.

My understanding is that non-ALEs offering an ICHRA are supposed to file 1094-B and 1095-Bs. Other than the "because it's the law" and "there could be substantial penalties if your failure is discovered" is any real purpose served by such filings? Thanks

Thanks again Brian, my heartburn is the "trap" presented by the immediate nature of the obligations foisted on the unsuspecting/uninformed former non-ALE. I think there should be some grace period like the transition period provided in the qualified retirement plan world when a new controlled group is created. In the ACA sphere we have the nice 3 month limited non-assessment period for January-March of the first year becoming an ALE and it would certainly be nice to have a similar period after becoming an ALEM. Thanks again.

Thank you very, very much Brian, you make an interesting argument but I can't yet agree that it's clearly supported by the statute or regulations. My argument is that an employer's status as an ALE or ALEM for a particular calendar year is always determined based on monthly average FT/FTEs in the prior calendar year and, once determined, cannot change during the particular year. Accordingly under the facts posited the earliest that the new ALEM could be subjected to the employer mandate is 1/1/2023. Can we agree to disagree or do you have any additional support for the position that ALE status can change "suddenly" upon a change in ownership? Many thanks for your thoughts.

Owners of an ALE purchase a non-ALE 10/1/2022, making the non-ALE a member of an Aggregated ALE group as of what date? Applying the normal 2022 look back monthly-average-FTEs to the prior non-ALE falls below 50 (even after including the ALE employee numbers for Oct-Dec). Does the non-ALE become a member of the Aggregated ALE group on 1/1/2023 or not until 1/1/2024? Thanks

I'd argue it's a "payroll practice" that doesn't rise to the level of an ERISA covered employee benefit plan. The more interesting question is how they treat the payment for tax purposes, W-2 or 1099 issued to deceased retired employee or check recipient?

Plan Sponsor/Administrator files 2018 5500-SF one year late (not under DFVC). Ignores IRS penalty letters and IRS has now assessed a $70K penalty. No DOL penalty assessment yet. Can we file an amended 2018 5500 under DFVC and get IRS penalty abated or is it too late? Many thanks.

I understand the exclusion of LTC coverage from employee income but wonder if you have a cite supporting exclusion from income of outside directors (independent contractors), thanks.

Yes, you are correct, I often tell employers to pick their 30 best employees and work the heck out of them but limit everybody else to less than 130 hours a month and you’re exempt from ACA ESRP penalties (but of course they still have to file the darn 1095-C forms if they’re an ALE).

Corporate taxpayer has been paying premiums for individual Long Term Care policies on its outside directors for over a decade, no 1099s issued. Is there any basis for excluding these premiums from director income? If not, is the proper reporting form a 1099-NEC? Since “correction” of the problem will be many amended tax returns, anybody willing to venture an opinion on how many years delinquent 1099s should be filed? Thanks .