Health & Welfare Plans Newsletter

October 24, 2014

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Employee Benefits Jobs

Retirement Benefits Consultant
PSA, a Division of Pavilion Advisory Group
in IL

Implementation Specialist
Nova 401(k) Associates
in ANY STATE

Defined Contribution Compliance Specialist
Shore Tompkins Actuarial Resources, LLC
in IL

Conversion Specialist/Trust Accountant
Shore Tompkins Actuarial Resources, LLC
in IL

Account Manager/Client Service Manager
Cammack Health LLC
in NY

Operations Manager
Trinity Pension Consultants, Inc.
in OH

Entry Level Plan Administrator
Retirement Administration, Inc.
in CA

Compliance Specialist
Lincoln Financial Group
in ANY STATE

Director of Client Services
National Provider of Retirement Services
in MN

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Webcasts and Conferences

Participant Loan Basics
RECORDED
(ASPPA [American Society of Pension Professionals & Actuaries])

Plan Changes and Error Correction Basics
RECORDED
(ASPPA [American Society of Pension Professionals & Actuaries])

Participant Fee Disclosure-the Aftermath
November 20, 2014 WEBCAST
(Worldwide Employee Benefits Network [WEB] - New York Chapter)

View All Webcasts and Conferences



[Official Guidance]

Online Form: ACA Transitional Reinsurance Program Annual Enrollment Contributions Submission
"Use this form to submit your annual enrollment count and remit the contribution amount owed for the ACA Transitional Reinsurance Program." [This page starts the process of completing the online submission form; registration and log-in is required.] (Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services)  


[Advert.]

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[Official Guidance]

The Transitional Reinsurance Program: Overview and Procedures for Reinsurance Contributions
"HHS is implementing a streamlined approach to complete the contributions process through Pay.gov. To successfully complete the reinsurance contribution process, contributing entities, or third party administrators or administrative services-only contractors on their behalf, must register on Pay.gov. Using Pay.gov, the contributing entity (or third party administrators or administrative services-only contractors on their behalf) will access the 'ACA Transitional Reinsurance Program Annual Enrollment and Contributions Submission Form' to enter the annual enrollment count. The ... Form will auto-calculate the annual contribution amount to be remitted based on the annual enrollment count and the contributing entity will then schedule payment for the calculated reinsurance contributions on the payment page." (Center for Consumer Information & Insurance Oversight [CCIIO], Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS])  

[Official Guidance]

Text of CMS Guidance on Paper-Based Appeals Process (PDF)
"[CMS] has determined that the flexibility to use a paper-based process to conduct eligibility appeals should be extended an additional year, through December 31, 2015.... This extended flexibility enables appeals entities to operate the appeals process as current capabilities allow, protecting the due process rights of appellants while providing additional time for appeals entities to complete the systems development work necessary to implement the electronic requirements of the process.... [T]his approach strikes a balance between safeguarding appellant's rights and the demands on appeals entities." (Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS])  

[Guidance Overview]

Employer Shared Responsibility Payments and Reporting Requirements Under the ACA
"Recognizing the burden these reporting requirements imposed on employers, the IRS has provided a simplified reporting method for large employers that make qualifying offers of coverage to FTEs, their spouse and their dependents for all 12 calendar months of the reporting year. A simplified alternative that allows the employer to report without identifying or specifying the number of FTEs is also available for employers that offered, for all 12 months of the calendar year, affordable health coverage ... providing minimum value to at least 98% of its employees and their dependents for whom it is filing a Form 1095-C." (Bloomberg BNA)  

[Guidance Overview]

Federal Agencies Issue Final Guidance on Excepted Benefit Standards
"The final regulations give employers more flexibility in their EAPs and stand-alone limited-scope dental and vision programs. The criteria for EAPs to qualify as excepted benefits are largely the same as in the proposed regulations. The final guidance does not address limited wraparound coverage; the departments intend to publish regulations in the future on such coverage, 'taking into account the extensive comments received on this issue.'" (Towers Watson)  


[Advert.]

Wellness Programs: Navigating the Applicable Federal and State Laws

Sponsored by Lorman and BenefitsLink

October 30 webinar.This live webinar reviews new HIPAA nondiscrimination regulations, other regulatory developments, case law, and other developments, and requirements of wellness programs. BenefitsLink discount.



Employer-Provided Housing: What's Taxable and What's Not?
"Employers may provide housing to employees for a variety of reasons, including not-for-profit organizations that maintain institutions of higher education, historic sites, housing facilities, and other premises that require on-site staff. Unless an exception applies, the full value of the housing is treated as additional taxable compensation to the employee. Full or partial exceptions apply if the housing is: [1] Provided for the convenience of the employer; [2] A temporary work location; [or] [3] Lodging furnished by an educational institution." (Moss Adams LLP)  

'Work Martyrs' Turning U.S. Into 'PTO Graveyard'
"The average worker earns 21 days of PTO each year but uses only 77% of that time, forfeiting 4.9 days ... Permanently lost PTO days totaled 169 million, or 1.6 per employee, in 2013 ... Employees who left 11-15 days of PTO unused last year are actually less likely to have received a raise or bonus in the past three years than those who used all of their PTO. The only thing they may gain, in fact, is stress." (CFO)  

Benefits in General; Executive Compensation

Text of EBSA Revised Notice of ERISA Advisory Council Meeting on November 3-4, 2014
"[T]he 174th open meeting of the Advisory Council on Employee Welfare and Pension Benefit Plans (also known as the ERISA Advisory Council) will be held on November 3-4, 2014. No votes will occur until November 4. Despite our efforts to get this meeting notice published early, we were unable to do so. The Advisory Council meeting notice appeared on the public inspection desk of the Federal Register on October 20, 2014. This revised notice clarifies that final votes on the Council's recommendations to the Secretary will occur on November 4, 2014 ... The Council recommendations will be on the following issues: [1] Issues and Considerations around Facilitating Lifetime Plan Participation, [2] PBM Compensation and Fee Disclosure, and [3] Outsourcing Employee Benefit Plan Services." (Employee Benefits Security Administration [EBSA], U.S. Department of Labor)  

Retirement Plan's Venue Selection Clause Held Enforceable and Applied to Dismiss Participant's Benefit Claims
"The Federal courts ... have repeatedly held that adherence to the written terms of a plan in enforcing ERISA rights and obligations is of paramount importance. These decisions often demonstrate the extent to which the courts will enforce a plan sponsor's design choices provided they fit within ERISA's statutory and regulatory boundaries. Those boundaries are not endlessly elastic, but [this case] shows that they may be broader than some participants expected." [Smith v. Aegon Companies Pension Plan, No.13-5492 (6th Cir. Oct. 14, 2014)] (Williams Mullen)  

Press Releases

President Obama Names Donald Butt to PBGC Advisory Committee
PBGC [Pension Benefit Guaranty Corporation]

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