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All News > CARES Act

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Text of HHS Proposed Regs: Confidentiality of Substance Use Disorder Patient Records
U.S. Department of Health and Human Services [HHS] Link to more items from this source
[Official Guidance]
Nov. 29, 2022

260 pages. "This NPRM contains proposals to implement the CARES Act provisions relating to health information privacy; the Department intends to develop a separate rulemaking to implement the CARES Act antidiscrimination prohibitions."

Tags: CARES Act  •  HIPAA

Tax-Free Employer Reimbursement of Student Loan Repayments (PDF)
Ivins, Phillips & Barker Link to more items from this source
[Guidance Overview]
Oct. 10, 2022

"[T]he Consolidated Appropriations Act of 2021 ... extended through 2025 the ability to treat reimbursements of student loans as tax-free under IRC Section 127. Creating or expanding an [educational assistance plan] may be an attractive way to recruit and retain dedicated employees, particularly during difficult labor market conditions."

Tags: CARES Act  •  Consolidated Appropriations Act, 2021   •  Educational Assistance Benefits

Year-End Amendment Deadlines Extended: CARES and 2020 Relief Act
Groom Law Group Link to more items from this source
[Guidance Overview]
Sept. 29, 2022

"While perhaps unexpected, these additional extensions allow the adoption of SECURE Act, Miners Act, CARES Act, and 2020 Relief Act changes with a single amendment. As a result, most plans will not be required to adopt IRS required changes this year. But, of course, plan sponsors who want to amend their plans now to reflect the CARES Act and 2020 Relief Act provisions, while still somewhat fresh in their mind, can proceed with little concern."

Tags: CARES Act  •  Retirement Plan Amendments

SECURE and CARES Amendments Deadline Postponed But Plans Should Still Review Year-End Needs
Davis Wright Tremaine LLP Link to more items from this source
[Guidance Overview]
Sept. 28, 2022

"While the IRS in Notice 2022-33 and Notice 2022-45 extended the deadline for retirement plans to adopt the amendments required by the SECURE Act and the CARES Act until December 31, 2025, there are still some amendments and other actions that may be required by the end of 2022.... [I]ndividually designed plans can choose to adopt amendments reflecting the SECURE Act and CARES Act changes despite the postponement ... There is value in keeping a plan up to date with operational changes."

Tags: CARES Act  •  Retirement Plan Amendments  •  SECURE Act

Editor's Pick Amend Your Retirement Plans This Year for SECURE Act and CARES Act Changes
Verrill Dana LLP Link to more items from this source
[Guidance Overview]
Sept. 23, 2022

"[P]lan sponsors will be best served by amending their plans this year ... [M]ost retirement plans have been operated in accordance with some or all of the required and optional provisions of these laws since 2020. Further delay in the adoption of formal plan amendments will simply compound the opportunity for errors ... [C]onfusion and uncertainty may result if a plan sponsor maintains a retirement plan in misalignment with disclosure materials for an extended period."

Tags: CARES Act  •  Retirement Plan Amendments  •  SECURE Act

Recent Amendment Extensions for Qualified Retirement Plans, 403(b) Plans and Individual Retirement Accounts
McDermott Will & Emery Link to more items from this source
[Guidance Overview]
Sept. 15, 2022

"Notice 2022-33 extended the plan amendment deadline for non-governmental qualified retirement plans and 403(b) plans and for IRAs to December 31, 2025, for the SECURE Act, Miners Act and CARES Act changes.... Plan sponsors that elected to offer COVID-related distributions and COVID-related loan relief need to amend their plans by the end of the 2022 plan year. Similarly, plan sponsors that took advantage of Disaster Act relief need to amend their plans by the end of the 2022 plan year."

Tags: CARES Act  •  Retirement Plan Amendments  •  SECURE Act

You Can't Always Get What You Want: IRS Issues Notice 2022-33
Jackson Lewis P.C. Link to more items from this source
[Guidance Overview]
Aug. 29, 2022

"The most helpful delay applies to a CARES Act provision that requires changes to defined contribution plan language governing required minimum distributions.... [T]he December 31, 2025, amendment deadline applies to non-governmental qualified plans, 403(b) plans not maintained by a public school, and IRAs."

Tags: CARES Act  •  Retirement Plan Amendments  •  SECURE Act

Notice 2022-23 Does Not Extend Deadline for Adopting Amendments to Plans for All CARES Act Provisions
Murphy Austin Link to more items from this source
[Guidance Overview]
Aug. 22, 2022

"Notice 2022-33 does not extend the deadline under the CARES Act for adopting plan amendments reflecting special COVID-related relief for qualified individuals involving loans and in-service withdrawals.... The CARES Act provision permitting the waiver of RMDs for defined contribution plans for 2020 is eligible for the extended adoption date."

Tags: CARES Act  •  Retirement Plan Amendments  •  SECURE Act

IRS Provides a Partial Extension of the 2022 Plan Amendment Deadlines (PDF)
ASC Link to more items from this source
[Guidance Overview]
Aug. 17, 2022

"[T]he December 31, 2025 amendment deadline generally will apply to both pre-approved plans and individually designed plans. Note that December 31, 2025 is a fixed date and the deadline is not tied to a plan's plan yea....Notice 2022-33 did not provide an extension of the amendment deadline for tax-exempt 457(b) plans."

Tags: CARES Act  •  Retirement Plan Amendments  •  SECURE Act

IRS Extends Deadlines to Adopt Plan Amendments for CARES Act, SECURE Act and More
Holland & Knight Link to more items from this source
[Guidance Overview]
Aug. 16, 2022

"[A]ny amendment must apply retroactively to the effective date of the applicable provision. (In the case of an optional amendment, the effective date is the date as of which the provision was implemented.) Furthermore, during the period after the effective date but prior to the adoption of any amendment, plans must be operated in good-faith compliance with the law and applicable IRS guidance."

Tags: CARES Act  •  Retirement Plan Amendments  •  SECURE Act

IRS Extends Amendment Deadlines for SECURE, Miners and CARES Acts
Mercer Link to more items from this source
[Guidance Overview]
Aug. 10, 2022

"The extended amendment deadlines apply to both interim and discretionary amendments to preapproved qualified plans. IRS expects to include provisions of the SECURE, Miners and CARES acts in the cumulative list for the fourth remedial amendment cycle for preapproved DC plans ... Changes on the 2023 [required amendment] list will generally have the same amendment deadline as the new deadlines for the SECURE, Miners and CARES acts, allowing employers to adopt all amendments for all three laws at the same time."

Tags: CARES Act  •  Retirement Plan Amendments  •  SECURE Act

Time Is on My Side: Some Retirement Plan Amendment Deadlines Pushed Back
Holland & Hart LLP Link to more items from this source
[Guidance Overview]
Aug. 8, 2022

"[Notice 2022-33] apparently did not extend the deadline to amend plans for changes to loans and in-service withdrawals due to coronavirus (CARES Act) ... Assuming this omission was intentional and the IRS doesn't issue a revised Notice extending that deadline, plan amendments for all CARES Act provisions other than the suspension [of required minimum distributions] still need to be adopted by the previous deadlines."

Tags: CARES Act  •  Retirement Plan Amendments  •  SECURE Act

IRS Grants Three-Year SECURE/CARES Extension
Ferenczy Benefits Law Center Link to more items from this source
[Guidance Overview]
Aug. 5, 2022

"For most plans, the new amendment deadline is December 31, 2025.... [T]his is a fixed date which does not depend on the plan year or the employer's tax year. It applies to union and nonunion plans. There are several important exceptions."

Tags: CARES Act  •  Retirement Plan Amendments  •  SECURE Act

IRS Provides Three-Year Extension for SECURE Act Amendments and Additional Limited Relief
Groom Law Group Link to more items from this source
[Guidance Overview]
Aug. 5, 2022

"The IRS expects that certain SECURE Act guidance will be included on the 2023 Required Amendments List for individually-designed plans, which would keep the amendment timing in line with [the new] deadlines.... [Notice 2022-33] does not address an extension for coronavirus-related distributions and loans ... [A]mendments for those provisions remain due by the end of first plan year beginning on or after January 1, 2022."

Tags: CARES Act  •  Retirement Plan Amendments  •  SECURE Act

IRS Extends SECURE, CARES Act Amendments Deadline
Cohen & Buckmann, P.C. Link to more items from this source
[Guidance Overview]
Aug. 5, 2022

"[A]ffected plans will still need to ensure operational compliance with the law changes prior to the amendment deadline. The longer plan sponsors wait to adopt these amendments, the greater the chance for compliance errors. And extending the deadline also doesn't provide additional help for plans terminating before 2025 which may not have the benefit of the additional IRS guidance."

Tags: CARES Act  •  Retirement Plan Amendments  •  SECURE Act

IRS Guidance Extends Deadline for SECURE and CARES Act Amendments
Proskauer Link to more items from this source
[Guidance Overview]
Aug. 4, 2022

"The IRS noted in Notice 2022-33 that it expects SECURE Act guidance to be issued with the 2023 Required Amendment list, so all changes under the SECURE, Miners, and CARES Acts can be adopted by plan sponsors at the same time."

Tags: CARES Act  •  Retirement Plan Amendments  •  SECURE Act

Text of IRS Notice 2022-33: Extension of Retirement Plan Amendment Deadlines (PDF)
Internal Revenue Service [IRS] Link to more items from this source
[Official Guidance]
Aug. 3, 2022

"Notice 2022-33 extends the deadlines for amending a retirement plan or individual retirement arrangement to reflect certain provisions of Division O of the [SECURE Act], and ... the Bipartisan American Miners Act of 2019 (Miners Act), by modifying Notice 2020-68 ... and Notice 2020-86... In addition, this notice extends the deadline for amending a retirement plan to reflect the provisions of section 2203 of the [CARES Act].

"[T]he extended amendment deadline for [1] a qualified retirement plan or section 403(b) plan (including an applicable collectively bargained plan) that is not a governmental plan or [2] an IRA is December 31, 2025. Later deadlines apply with respect to governmental retirement plans (including governmental plans under section 457(b) of the Internal Revenue Code)."

Tags: 401(k) Plans  •  403(b) Plans and Annuities  •  457 Plans  •  CARES Act  •  Retirement Plan Amendments  •  SECURE Act

Employee Benefit Plan Amendments and Disclosures Required This Year
Smith & Downey, P.A. Link to more items from this source
[Guidance Overview]
May 6, 2022

"[P]lan sponsors must amend their retirement plan documents before the end of the 2022 plan year.... [The SECURE Act and the CARES Act] require plan amendments to reflect [1] certain mandatory changes and/or [2] optional changes employers chose to implement.... [S]ponsors of health and welfare plans should make sure that their plan documents are fully up-to-date with all the various changes required by (and/or due to) the myriad laws enacted and guidance issued throughout the COVID pandemic. This includes several changes in the CARES Act and informal guidance from the IRS, including, among other things, the temporary rules requiring plans to disregard certain days in calculating various COBRA, special enrollment and ERISA claims/appeals deadlines, etc."

Tags: CARES Act  •  Health Plan Administration  •  Health Plan Design  •  Retirement Plan Amendments  •  SECURE Act

Employers and Providers Fight Over COVID-19 Testing Costs
Dorsey ERISA Link to more items from this source
Mar. 28, 2022

"After encountering pushback from insurers and claims administrators, out of network providers have sued to recover reimbursement for thousands of claims, primarily arguing that the CARES Act provides them with a private cause of action for reimbursement at the at 'cash price' they listed on their websites.... [One District Court] rejected that argument, pointing, among other things, to the absence of Congressional intent for a private remedy." [Murphy Med. Assocs., LLC. v. Cigna Health & Life Ins. Co., No. 20-1675 (D. Conn. Mar. 11, 2022)]

Tags: CARES Act  •  Coronavirus (COVID-19)  •  Health Plan Costs

A Brief Preview of 2022 Required Changes for Retirement Plans
Faegre Drinker Link to more items from this source
[Guidance Overview]
Feb. 9, 2022

"[1] Plan amendments for SECURE Act and CARES Act changes.... Part-time eligibility rules.... Required beginning date.... Coronavirus-related distributions and loans.... [2] New disclosure requirements for lifetime income illustrations."

Tags: CARES Act  •  Retirement Plan Administration  •  Retirement Plan Design  •  SECURE Act

Text of Agency FAQs Part 52: FFCRA and CARES Act Implementation, Plan Coverage of OTC COVID-19 Tests
U.S. Department of Health and Human Services [HHS]; U.S. Department of Labor [DOL]; and U.S. Treasury Department Link to more items from this source
[Official Guidance]
Feb. 4, 2022

"On January 10, 2022, the Departments issued [FAQs Part 51, which] clarified that the requirement to cover COVID-19 diagnostic tests under section 6001 of the FFCRA applies with respect to over-the-counter (OTC) COVID-19 tests available without a prescription or individualized clinical assessment from a health care provider. Plans and issuers must provide coverage for such tests without cost-sharing requirements, prior authorization, or other medical management requirements in accordance with section 6001 of the FFCRA with respect to such tests purchased on or after January 15, 2022, during the public health emergency.

"FAQs Part 51 also established two safe harbors intended to facilitate consumer access without cost sharing to OTC COVID-19 tests available without an order or individualized clinical assessment by a health care provider that meet the statutory criteria under section 6001(a)(1) of the FFCRA....

"The Departments have received a number of questions from stakeholders regarding FAQs Part 51. These FAQs Part 52 modify the safe harbor in FAQs Part 51, Q2 in certain respects and further clarify the coverage requirements during the public health emergency related to coverage of OTC COVID-19 tests available without an order or individualized clinical assessment by a health care provider in response to those questions....

  • Q1: Do plans and issuers have flexibility in how they establish a direct-to-consumer shipping program and direct coverage through an in-person network in order to qualify for the safe harbor established in FAQs Part 51, Q2?....
  • Q2: Will the Departments take enforcement action against a plan or issuer that is temporarily unable to provide adequate access to OTC COVID-19 tests through its direct coverage program due to a supply shortage?....
  • Q3: Is a plan or issuer permitted to address suspected fraud and abuse related to the reimbursement of OTC COVID-19 tests purchased by a participant, beneficiary, or enrollee from a private individual or via online auctions, resale marketplaces, or resellers?....
  • Q4: Do the coverage requirements specified in FAQs Part 51 apply to COVID-19 tests that use a self-collected sample but require processing by a laboratory or other health care provider to return results (such as home-collection PCR tests that can be purchased directly by consumers)?....
  • Q5: How does a plan's or issuer's coverage of OTC COVID-19 tests impact health flexible spending arrangements and similar account-based plans?"

Tags: CARES Act  •  Coronavirus (COVID-19)  •  FFCRA  •  Health Plan Administration  •  Health Plan Costs  •  Health Plan Design

Employers Strongly Support Pre-Deductible Coverage for Telemedicine (PDF)
Employee Benefit Research Institute [EBRI] Link to more items from this source
Dec. 17, 2021

"[N]early all (96 percent) employers adopted pre-deductible coverage for telehealth services under the CARES Act. Three-quarters (76 percent) said they prefer to make the provision permanent, while only 20 percent would like the provision to remain temporary."

Tags: CARES Act  •  Health Plan Design  •  Teleheath

December 31 Reminders for Retirement Plan Sponsors
Segal Link to more items from this source
[Guidance Overview]
Dec. 13, 2021

"Amendments implementing the 401(k) and 403(b) plan hardship distribution changes of the Bipartisan Budget Act of 2018 are the main amendments needed by December 31, 2021. This deadline applies for both calendar-year and fiscal-year plans. The amendments generally need to be retroactive to each provision's effective date.... Operational change in required minimum distribution tables ... CARES Act and SECURE Act amendments."

Tags: CARES Act  •  Retirement Plan Amendments

Meager 2021 Required Amendments List Doesn't Extend SECURE or CARES Act Deadlines
Mercer Link to more items from this source
[Guidance Overview]
Dec. 6, 2021

"The sole item on IRS's 2021 Required Amendments (RA) List (Notice 2021-64) relates to restoring suspended benefits for multiemployer plans receiving special financial assistance (SFA) under [ARPA].... Notably absent ... is any extension of the statutory deadline for amendments relating to the [SECURE Act], the Bipartisan American Miners (Miners) Act, and the [CARES Act]. The deadline for those amendments remains the end of the 2022 plan year."

Tags: ARPA  •  CARES Act  •  Consolidated Appropriations Act, 2021   •  Retirement Plan Amendments

Text of Agency FAQs, Part 50: Rapid Coverage of Preventive Services for Coronavirus; HIPAA Nondiscrimination and Wellness Programs (PDF)
Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS] Link to more items from this source
[Official Guidance]
Oct. 4, 2021

"Q1: How does the December 12, 2020 ACIP recommendation impact when plans and issuers must provide coverage without cost sharing for COVID-19 vaccines under section 3203 of the CARES Act and its implementing regulations ? ... Q2: Does FAQs Part 44, Q8, continue to apply? ... Q3: May a group health plan (or health insurance issuer offering coverage in connection with a group health plan) offer participants in the plan a premium discount for receiving a COVID-19 vaccination? ... Q4: May a group health plan or health insurance issuer condition eligibility for benefits or coverage for otherwise covered items or services to treat COVID-19 on participants, beneficiaries, or enrollees being vaccinated? ... Q5: How are premium discounts and surcharges for receiving or not receiving the COVID-19 vaccination, respectively, treated for purposes of determining affordability of coverage with respect to the employer shared responsibility payment under section 4980H(b) of the Code?"

Tags: CARES Act  •  Coronavirus (COVID-19)  •  Health Plan Costs  •  Health Plan Design

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