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Plan with VEBA and MEWA Status Required to Pay ACA's Annual Health Insurance Provider Fee
Hall Benefits Law Link to more items from this source
Oct. 7, 2019

"[T]he plan claimed that it represents a single employer that is self-insured against its employees' health risks.... IRS regulations state that, while VEBAs fall under a 'covered entity' exclusion [to the PCORI fee requirement] ... The court agreed that the [IRS] language was ambiguous, and it ruled that the plan was a covered entity subject to the annual fees under ACA. Finally, the court ruled that the plan's ... interpretation of ERISA's definition of 'employer' was incorrect. The plan and participants did not constitute a single employer under ERISA." [Iowa Bankers Benefit Plan v. U.S., No. 17-842T (Fed. Cl. May 2, 2019)]

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