"H.R. 5376 [the 'Build Back Better Act'] proposes a new federal cash benefit for eligible individuals engaged in certain types of family and medical caregiving. Benefits would be calculated on a weekly basis (paid monthly) for up to a maximum of 12 workweeks of qualified caregiving in a benefit period (generally a 12-month period). The weekly benefit amount would be equal to the product of the weekly benefit rate multiplied by the ratio of the number of creditable caregiving hours in the week to the number of hours in the regular workweek[.]" [IN11783, Oct. 22, 2021]

"For employees who have more money to save after contributing the annual maximum to their 401(k)/403(b) accounts, your company's retirement savings plan may provide a route to the mega backdoor Roth strategy if: [1] The 401(k)/403(b) plan allows after-tax contributions, and [2] In-plan Roth conversion option is allowed in the plan, or In-service distributions or withdrawals that are not hardship withdrawals from the plan to a Roth IRA are permitted This savings tactic comes with a variety of risks."

"Baby boomers have worked an average of 12 jobs, according to the U.S. Bureau of Labor Statistics. During each job change, retirement accounts can get lost in the shuffle. Eventually, some employees may forget about these accounts completely."

"The Proposed Rule includes five key changes from the 2020 Rule: [1] De Facto recognition of ESG as material to investment risk and return. [2] Pecuniary factors test now the risk-return test (and ESG counts). [3] Tie-breaker test redrafted to be broader and easier. [4] QDIAs can use ESG -- and no special rules for DC Plans. [5] Mostly back to old proxy voting rules."

"[Service Organization Controls (SOC)] reports provide plan sponsors with information that can be useful in selecting new service providers or evaluating the effectiveness of service providers currently being used. SOC reports can also give plan sponsors more insight as to how various service providers perform their functions ... [enabling] the plan sponsor to proactively identify potential deficiencies before they create major problems for the plan."

"[T]he MHPAEA requires the preparation of an annual comparative analysis to ensure that NQTLs are applied to MH/SUD and M/S benefits in a comparable (and no more restrictive) manner.... The CAA now makes it mandatory that fiduciaries provide this information upon request.... The DOL's production requirements are specific, extensive, and require analysis of the plan document provisions and the history of the application of the document provisions, policies, and procedures."

"This [interim final rule] largely deals with: [1] the provider-payer independent dispute resolution (IDR) process, [2] 'good faith' cost estimates for uninsured and self-pay individuals and [3] the patient-provider dispute resolution process (for when costs exceed these estimates)."

"While Democrats in Congress negotiate over trillions of dollars in new spending, the Biden Administration is quietly advancing its agenda through regulation. Witness a little-noticed proposed rule last week by the [DOL] that will add new political directives to your retirement savings. The Administration says the rule will make it easier for retirement plans to offer 401(k) funds focused on ESG objectives. In fact, the rule will coerce workers and businesses into supporting progressive policies."

"Decreased contribution rate.... Updated average weekly wage and maximum MAPFML benefits.... Annual Report issued.... Serious health certification form update.... Updated eligibility requirements for self-employed individuals.... Administrative changes to the MAPFML website.... Clarification on overlapping leave benefits.... Penalties for companies who leave private plans."

"[T]he ordinance is scheduled to take effect on the 90th calendar day following the posting of notice information for employers on the Allegheny County website.... Upon taking effect, the Allegheny County paid sick leave ordinance will require covered employers to allow eligible employees to earn up to 40 hours of paid sick leave per year."

"Annuity companies have recently been touting 'no-commission' based annuities as way to get around the fiduciary issues involving annuities.... What the annuity companies do not explain to investment fiduciaries is that the issue with fiduciaries recommending/selling annuities is not so much the commissions as it is the inherent 'fundamental fairness' issues with annuities and the fiduciary duties of prudence and loyalty."

"Nine in 10 adults say they are satisfied with the quality of their telehealth care, and eight in 10 adults say the issue they were primarily concerned about was resolved through e-visits.... Twelve percent of rural Americans indicate that they would have delayed seeking care without a telehealth option, and 14 percent say they would not have sought care at all."

"On October 19, 2021, the Texas Department of Insurance (TDI) released an informal working draft of a rule establishing a comprehensive state-based rate review process for individual and small group health plans with respect to premium rates for major medical coverage.... The new process, which would be effective for the 2023 plan year, would have the TDI review for compliance with federal, in addition to state, requirements."

"[T]he facility requested a judicial declaration that the fund had to comply with the [ACA] essential health benefits requirement, which mandates hospitalization coverage ... The court dismissed the claim, holding that the ACA's essential health benefits provision did not provide for a private right of action, either on its face or by implication." [Kindred Hosps. East, L.L.C. v. Local 464A United Food and Commercial Workers Union Welfare Serv. Benefit Fund, No. 21-10659 (D.N.J. Sep. 29, 2021)]

"Almost half (49 percent) of investors say a lack of robust ESG data is 'holding back' their organization's further adoption of ESG ... A lack of consistency in ESG scores from ratings firms is 'a stumbling block' when incorporating research data into the investment decision-making process for half (53 percent) of investors globally."

"[The goal of this publication] is to provide committee members a list of 'stuff' they might receive to do their jobs, exercise their oversight and make their decisions with a level of competency that is expected given the magnitude of their responsibilities." [15-page e-book; Compensation Committee checklist starts on page 10.]

"Under the [proposed revisions to Form 5500], ... the DOL proposes to change the method to counting only participants with account balances at the beginning of the plan year. So, if a plan has 150 eligible participants, but only 20 have account balances, no independent audit would be needed if the NPRM gets finalized. The DOL estimates that this would result in nearly 20,000 plans currently paying for an audit to being audit-free.... SECURE Act Section 202 created the occasionally misused term, 'group of plans.' ... The DOL has taken what should have been a simplifying measure and made things much, much more complicated for such plans."

"SAS 136 brings clarification to the responsibilities of plan management and employee benefit plan auditors. As a result, the engagement letter, audit report, representation letter and other communications will have a new look. There are also new requirements and new terminology for limited-scope audits which are common for 401(k) Plans."

"This notice provides guidance on the corporate bond monthly yield curve, the corresponding spot segment rates ... and the 24-month average segment rates ... [as well as] the interest rate on 30-year Treasury securities ... as in effect for plan years beginning before 2008 and the 30-year Treasury weighted average rate[.]"

"Determine the incentive amount ... Make uniform offers ... Decide timing ... Give formal notice and an offer of a reasonable alternative ... Give a new opportunity each year ... Watch your 'affordability' math ... Discount now, but don't implement a 'surcharge' until the change of the plan year ... Don't require shots on-site ... Consider your union."

"Driven by the spike in cases due to the pandemic, there are now new, innovative health tech platforms that are making it easier for employers to help their workers get the support they need to better acknowledge and manage their mental health. These flexible platforms serve as digital front doors designed to equip businesses with easy access to a curated network of the best-in-class lifestyle and health improvement programs for their employees."

"[F]iduciaries should proceed with caution until the DOL's back-and-forth on ESG has settled into a durable set of rules. The partisan reactions to the proposed regulation that have appeared to date suggest that the back-and-forth is far from over.... Genuine clarification of the law and its application will always be helpful, but reversals in policy that purport to be mere clarifications seem to invite more of the same from future regulators."

"The lawsuit ... sought to block the CalSavers Retirement Savings Program on the grounds that the ERISA ... pre-empts CalSavers, therefore invalidating the program. These claims were previously rejected by both the 9th Circuit and the District Court for the Eastern District of California." [Howard Jarvis Taxpayers Association v. California Secure Choice Ret. Savings Program, No. 20-15591 (9th Cir. May 6, 2021; cert. pet. filed Oct. 12, 2021)]

"In August, making similar allegations to those contained in Asner's suit, actress Frances Fisher ... filed a class-action lawsuit ... [alleging] that the union deceived members into agreeing to collective bargaining agreements (CBAs) that reduced health care benefits for retirees and their families." [Frances Fisher v. SAG-AFTRA, No. 21-5215 (C.D. Cal. complaint filed Aug. 3, 2021)]

"Dignity Health will contribute $50 million to the plan for the 2020 plan year and will contribute either another $50 million or the amount of the minimum contribution recommendation calculated by the plan's actuaries for the 2021 plan year, if it's greater than $50 million. For calendar years 2022, 2023 and 2024, Dignity Health has agreed to make contributions to the plan in the amount of the minimum contribution recommendation calculated by the plan's actuaries." [Rollins v. Dignity Health, No. 13-1450 (N.D. Cal. Oct. 19, 2021)]