401(k) Pension Administrator
Nicholas Pension Consultants
in CA

ERISA Attorney - Chief Compliance Officer / Health Plan Compliance / ACA / HIPAA
United Benefit Advisors (UBA)
in IL, IN

Retirement Plan Account Manager
Alerus Financial
in MI

Health Benefits Analyst
The Segal Group
in DC

401(k) Daily Record-Keeping Specialist / Administrator
Primark Benefits
in CA

Pension Administrator/Operations Liaison
Associated Pension Consultants
in CA

Manager of Compliance
General Board of Pension and Health Benefits
in IL

Loan & Withdrawal Specialist
Kravitz, Inc.
in CA

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Qualified Plan Terminations – What you need to know!
December 11, 2014 WEBCAST
(ASC Institute)

Compliance Testing is Simpler, Less Stressful with ASC
December 15, 2014 WEBCAST
(ASC)

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[Official Guidance]

Text of DOL Field Assistance Bulletin 2014-02: Supplemental FAQs on Apprenticeship and Training Plan Expenses -- Skills Competitions
"Q1. On what basis may an apprenticeship and training plan pay for participation in a skills competition or contest? ... Q2. May plan fiduciaries use plan assets to pay for expenses associated with organizing and conducting apprenticeship and training plan skills competitions? ... Q3. What travel expenses are permissible for apprentices and these other individuals? ... Q4. May an apprenticeship or training plan reimburse employers for the wages paid by employers to participants during the competition?" (Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL])  

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[Official Guidance]

Text of CMS Notice Delaying December 5 Deadline for Initial Submission of 2014 Claims and Enrollment Data for Reinsurance and Risk Adjustment Programs (PDF)
"[HHS] had set a deadline of December 5, 2014 for submission of the first production file to the External Data Gathering Environment (EDGE) server by issuers with plans that are subject to HHS-operated reinsurance and risk adjustment distributed data reporting requirements ... These files are the first submissions of claims and enrollment data for the 2014 Benefit Year and will be used to calculate the first monthly payment estimates for the Reinsurance and Risk Adjustment programs. HHS has received numerous requests from issuers for an extension of the deadline for submission of the first production data files. In recognition of the importance of the submission of complete and accurate data during the initial cycle of EDGE server data reporting, HHS has elected to extend this deadline until 11:59 p.m. EST on December 19, 2014." (Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS])  

[Guidance Overview]

Cafeteria Plan Amendments and the Employer Mandate
"While much has been written on the employer mandate, and information on cafeteria plans and ERISA wrap documents can also be easily located, very little addresses what changes need to be made to cafeteria plans and wrap documents in light of the employer mandate. This is probably because employers have significant flexibility in drafting their cafeteria plans and wrap documents ... [A chart provides] highlights of the employer mandate provisions and some considerations on how it might affect your cafeteria plan and/or wrap document:" (GrayRobinson, P.A.)  

[Guidance Overview]

Group Health Plan, Cafeteria Plan and Health FSA Nondiscrimination Theory and Practice
"As applicable large employers grapple with the [ACA's] employer shared responsibility (pay-or-play) rules, two questions arise with notable frequency: Do I have to offer the same group health insurance coverage on the same terms to all my full-time employees? Do I have to offer pre-tax treatment of premiums to all my employees? ... [T]heory varies widely from practice for various reasons.... [It] is entirely likely that today's answers will not be tomorrow's answers." (Mintz Levin)  

[Guidance Overview]

Cafeteria Plans Can Help Employers Avoid Pay-or-Play Penalties
"Employer contributions to a Section 125 cafeteria plan can be deducted from the employee's cost of a health plan for purposes of determining the affordability of coverage ... [If] it is to be credited for the employer's affordability calculations, money in cafeteria plans must not be limited to cost-sharing; it must be capable of being used to pay premiums. If cafeteria plan amounts may be used only for cost-sharing, they will be counted for purposes of minimum value, but not for affordability[.]" (Thompson SmartHR Manager)  

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With daily emails, a user-friendly website, and web briefings, Mercer Select members stay informed about key benefit, comp and HR issues. Sign up for a free web briefing on Dec. 11 at 1 pm ET, or for a free demo or guest membership.

[Guidance Overview]

IRS Guidance on Using Electronic Media to Provide Transportation Benefits Requires Some Cash Reimbursements to End After 2015
"Employers making cash reimbursements where terminal-restricted debit cards are readily available must prepare to eliminate those reimbursements after 2015. While the guidance allows MCC-restricted debit cards to be treated like terminal-restricted debit cards when sufficient additional restrictions are imposed to limit use to fare media on local transit systems ... the guidance does not consider when the availability of such cards would preclude cash reimbursements.... [T]he guidance refers incidentally to smartcards with a separate account for parking benefits but does not address how such cards should be used to assure favorable tax treatment for parking." (Thomson Reuters / EBIA)  

[Guidance Overview]

HHS Broadens Federal Controls Over Private Health Insurance Benefits and Operations
"The Proposed [Notice of Benefit and Payment Parameters for 2016 (NBPP Rule) issued by HHS] addresses a range of [ACA] implementation topics, including payment and premium support programs, cost-sharing parameters and reductions, user fees for federally-facilitated exchanges (FFEs), minimum essential coverage, essential health benefits (EHB) requirements, and network adequacy and quality requirements for qualified health plans ('QHPs').... The Proposed [Multi-State Plan (MSP) Rule issued by OPM- amends MSP standards related to coverage area, benefits, and certain contracting requirements under the ACA's MSP provisions." (Epstein Becker Green)  

[Guidance Overview]

Massachusetts Paid Sick Time Law: What Does This Mean for Employers?
"For employers with 11 or more employees, the sick time must be paid time off. For smaller employers, the sick time can be unpaid. In determining the number of employees who are employed by an employer, the law states that 'all employees performing work for compensation on a full-time, part-time or temporary basis shall be counted.' Both full-time and part-time employees (including temporary employees) must be allowed to accrue and use sick time. This new law applies to both public and private employers." (Ropes & Gray LLP)  

A New Type of ERISA-Based Hold-Up: the Rise of Out-Of-Network Provider Suits Against Self-Funded Health Care Plans (PDF)
"These relatively new out-of-network provider suits are now filling the federal district courts and ERISA plan administrative claim dockets with cookie-cutter lawsuits seeking to re-write the rules by which out-of- network treatment is reimbursed. This article will address the background of this growing ERISA issue, analyze current trends in provider-driven litigation and contemplate how ERISA plan fiduciaries and administrators may be able to address these issues to limit liability and avoid litigation." (McDermott Will & Emery, via Bloomberg BNA Pension & Benefits Daily)  

Federal District Court: Adoption Tax Credit Requires Individualized State Determination of Special Needs
"The adoption tax credit for children with special needs, and the parallel income tax exclusion for employees whose employers operate a qualified adoption assistance plan, can provide substantial assistance to parents who adopt a child with special needs.... [R]equiring an individualized state determination does make it somewhat more difficult for taxpayers to take advantage of the special needs rule. While this trial court decision does not bind other courts, it is noteworthy as a demonstration of the IRS's position and willingness to litigate the issue." [Lahmeyer v. U.S., No. 1:13-cv-23288-CMA (S.D. Fla. July 25, 2014)] (Thomson Reuters / EBIA)  

House Approves Tax Deal That Would Retroactively Boost Mass Transit Benefits
"The benefit fell nearly in half in 2014, but the 11th hour agreement on a broader package of tax provisions would restore the subsidy to $250 per month, just more than the 2013 level. The maximum monthly mass transit benefit dropped to $130 on Jan. 1 when a provision of the fiscal cliff deal expired." (Government Executive)  

Can Technology Pick the Perfect Health Plan for You?
"In all, there are about an astounding 900,000 variables that go into choosing the right health plan, according to the founders of Picwell, a new company from University of Pennsylvania professors who are using predictive analytics to help people shop for the best coverage -- in no more than four or five personal questions. People using Picwell's technology are asked their age, sex, zip code, any medications they're taking and, if they want, they can also include their doctor in their search. The company's algorithms -- which cull from public and private claims data and demographic information -- then spit out a few recommended health plans." (The Washington Post; subscription may be required)  

White House Gives Apparent Nod to Honeywell-Style Wellness Programs
"At the [recent] White House press briefing, [spokesperson Josh] Earnest was careful to point out that EEOC is an independent agency and that he could not comment on pending litigation. However, when pressed by reporters about whether the White House could do anything about the EEOC's challenge against Honeywell, he reiterated that 'our views on the value of these kinds of wellness programs is well known and has been articulated on many occasions.' " (HR Policy Association)  

Taking Stock: Health Insurance Coverage under the ACA as of September 2014
"This brief examines continued changes in the uninsurance rate for nonelderly adults through September 2014, when the most recent round of the Health Reform Monitoring Survey (HRMS) was completed." (Urban Institute)  

Useful Information on How Institutional Investors Review Proxies
"Institutional investors reported that pay for performance alignment was the most important factor for making voting decisions. However, many investors indicated that pay-for-performance and performance measures disclosure often is hard to understand (and sometimes seems designed to obfuscate). Resist the urge to make your disclosures overly complicated." (Winston & Strawn LLP)  

Letter from House Committee on Financial Services to SEC Chair Mary Jo White Urging Delay of Action on Pay Ratio Rule (PDF)
"[T]he pay ratio rule should not be at the top of the SEC's agenda.... [B]ecause [the] pay ratio disclosures do not provide useful information about a company's operations, performance, or pay practices, such disclosures will be immaterial and, at worst, confusing to investors ... The SEC cannot ignore the very real and permanent compliance costs that the pay ratio rule will impose on all public companies.... Because the SEC has chosen to expend limited resources on the pay ratio rule, it is now significantly more difficult for the SEC to ... complete [other] mandatory rulemakings[.]" (Committee on Financial Services, U.S. House of Representatives)  

Roland C. Salmi, MBA Joins Westminster Consulting as an Associate Analyst
Westminster Consulting

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