"First, the court found that the plaintiffs did have Article III standing.... [On] the merits of the plaintiffs' claims, the court disagreed with the district court that UBH abused its discretion by interpreting the terms of the plans.... Lastly, and significantly, the court found that the district court erred when it excused unnamed class members from demonstrating compliance with the plans' mandatory exhaustion requirements." [Wit v. United Behav. Health, No. 20-17363 (9th Cir. Jan. 26, 2023)

"In response to public comments, the final rule creates a process under which plan sponsors may request an exception from the interest rate assumptions and phase-in conditions when determining the plan's unfunded vested benefits (UVBs) for purposes of calculating withdrawal liability."

"In addition to the 24 states[, other plaintiffs include ... Liberty Oilfield Services LLC [which] sponsors a defined contribution 401(k) plan for its employees ... [The plaintiffs[ argue that the '2022 Investment Duties Rule contravenes ERISA's clear command that fiduciaries act with the sole motive of promoting the financial interests of plan participants and their beneficiaries'[.]" [Utah v. Walsh, No. 223-00016, (N.D. Tex. complaint filed Jan. 26, 2023)]

"[T]he Military Leave Pay Protection Act (MLPPA) ... will require employers with 100 or more employees to supplement the pay of covered employees during a qualifying military leave for up to 30 days in a calendar year. The MLPPA takes effect February 19, 2023[.]"

"Prior to SECURE 2.0, the startup tax credit only applied for the first 3 years that a MEP was in existence ... Section 111 of SECURE 2.0 aims to fix this issue ... Section 111 is effective retroactively for taxable years beginning after December 31, 2019. This enables taxpayers who formed or joined new MEPs/PEPs in 2019, 2020, and 2021 to file amended returns and retroactively claim a credit for those earlier years applying the rules of Section 45E."

"SECURE 2.0 makes several changes to these credits. First, the employer plan start-up credit is increased from 50 percent to 100 percent for employers with up to 50 employees.... [An] additional credit is also provided based upon employer contributions made."

"Spousal consent is not a big deal, until it is. And it becomes a big deal at the worst possible time -- when the participant dies and is no longer available to make corrections, or when the participant divorces and many issues cannot be agreed upon. Plans that follow best practices and pay attention to the issue will dodge the worst outcomes."

"SECURE Act 2.0 expands the [qualified charitable deduction (QCD)] provision, by allowing an IRA owner to make a one-time election to make a a QCD to a split-interest entity. This provision is effective for tax years beginning 2023 and [is] adjusted for inflation."

73 pages. "The purpose of this document is to describe the User Interface (UI) for the AE for ACA Providers Application ... This guide provides instructions on how to enroll and maintain A2A Client Application Systems using the IRS Enterprise Portal (IEP). Its scope is limited to the ACA functionality of the AE Application. However, this guide does not discuss any administrative aspects of the AE Application nor does it discuss how to use the IEP other than the aspects you need to know to access the AE Application."

"[1] The 'ALAR' rule means annual RMDs under the 10-year rule for some ... [2] 'Not more than 10 years younger' is not counted by calendar year ... [3] The shorter of rule limits distribution periods for older eligible designated beneficiaries ... [4] Documentation requirements for disabled or chronically ill status."

"The key is managing the natural conflict between a company's settlor role and the plan fiduciary's role. The business goal is for a cost-effective and swiftly executed annuity purchase, and the fiduciary's goal is to select a safe and secure annuity. To resolve the competing goals, the plan fiduciary must have a carefully crafted fiduciary process."

17 pages. "Since 1998, employees have been able to pay for qualified transportation fringes through pretax salary reductions ... The tax exemption extends to commuting expenses for transit passes, qualified parking, van pools, and in certain years, bicycles. While these benefits are not subject to cafeteria plan or ERISA rules, compliance difficulties exist, and a 2018 tax law added complexities. Some state and local jurisdictions have imposed employer mandates ... others provide tax-related incentives."

"[T]he Michigan Court of Appeals reversed a lower court's July 2022 decision that had found the 2018 state legislature's 'adopt and amend' strategy violated the state constitution. As a result, Michigan employers will not be required to ... expand their paid sick leave policies." [Mothering Justice v. Michigan, No. 362271 (Mi. Ct. App. Jan. 26, 2023)]

"[1] There is no perfect fund that meets everyone's needs.... [2] ESG investment options require due diligence.... [3] An ESG investment has to be considered on its investment merits.... [4] Determine the most important factors for your participants.... [5] Educate plan participants on ESG options."

"Despite a rebound in out-of-pocket health care spending in 2021, HSA balances increased on average over the course of the year.... Accounts that received an employer contribution saw higher total contributions and were more likely to invest.... Most accountholders took a distribution in 2021.... Age and tenure play a major role in HSA utilization."

12 pages. "New generic drugs offer significantly lower prices for patients. Nonetheless, drug supply chain middlemen like health plans and pharmacy benefit managers (PBMs) increasingly block patient access, delaying coverage of new generics in favor of higher-priced brand drugs with high rebates. This report analyzes six years of data showing the extent to which plans and PBMs delay patient access to lower-cost generic drugs."

"The plan, based in Portland, Oregon, covers 317 participants in the construction industry.... The plan will receive $20.5 million in SFA, including interest to the expected date of payment to the plan."

"The plan, based in Anchorage, Alaska, covers 744 participants in the construction industry.... The plan will receive $53.5 million in SFA, including interest to the expected date of payment to the plan."

"The audits, which cover billings from 2011 through 2013, are the most recent financial reviews available, even though enrollment in the health plans has exploded over the past decade to over 30 million and is expected to grow further.... [A] final regulation could order health plans to return hundreds of millions, if not billions, of dollars or more in overcharges to the Treasury Department -- payments dating back a decade or more. The decision by the Centers for Medicare & Medicaid Services is expected by Feb 1."

"Estimated competitive retiree buyout cost, as a percentage of accounting liability, decreased by 70 bps from 101.0% to 100.3% during December ... [T]he competitive bidding process is estimated to save plan sponsors on average around 2.5% as of December 31.... [R]etirees can be annuitized for an estimated 100.3% of accounting liabilities (accumulated benefit obligation)."

"Deadlines for these annual reporting requirements are quickly approaching: 31 January 2023 or corporations to furnish annual information statements to employees. 28 February 2023 (if filing by paper) or 31 March 2023 (if filing electronically) for corporations to file information returns with the IRS."

"[M]iddle-aged employees reported being more likely than younger or older workers to be concerned about various aspects of their well-being. Older workers were, unsurprisingly, focused on retirement benefits. And younger workers highly valued help with day-to-day bills, student loan debt assistance, and career advancement opportunities."

"[1] You cannot combine your survivor benefits and regular retirement benefits, but you can switch between the two in order to maximize the total combined value you receive.... [2] A complex formula determines how much, if any, of your Social Security income is taxable. Your state may tax your benefits as well.... [3] [T]he Government Pension Offset (GPO) and Windfall Elimination Provision (WEP) may impact your survivor benefits and/or retirement benefits.... [4] [T]here is usually an opportunity to alter your claiming strategy.... [5] While getting remarried may entitle you to new spousal benefits, it could also impact your preexisting survivor benefits."

"If not further delayed or voided, the Michigan Earned Sick Time Act will require all employers in Michigan to provide at least 72 hours of sick leave to every employee in Michigan (including exempt, non-exempt, full-time, part-time, occasional, temporary, etc.) For 'small employers' (with fewer than ten employees), at least 40 of those 72 hours must be paid, and 32 hours may be unpaid. All employers with ten or more employees, all 72 hours must be paid."

"Unlike fully remote offerings, the hybrid model strikes what those in HR view as an ideal balance between flexibility and in-person office time. An overwhelming 97% of those surveyed believe there is a direct correlation between productivity, wellness and the number of days spent in a physical office, citing the need for a certain amount of face-to-face collaboration. The ideal number of days per week is three, according to feedback, regardless of company or amount of employees."