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Employee Benefits Jobs
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Webcasts and Conferences
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[Official Guidance]
Text of IRS Notice 2015-02: Application of Retroactive Increase in Excludable Transit Benefits (PDF)
"This notice provides guidance related to the enactment of section 103 of the Tax Increase Prevention Act of 2014 (TIPA), which increased the monthly transit benefit exclusion under Section 132(f)(2)(A) of the Internal Revenue Code from $130 per participating employee to $250 per participating employee for the period of January 1, 2014, through December 31, 2014. To address employers' questions regarding the retroactive application of the increased exclusion for 2014 and to reduce filing and reporting burdens, the [IRS] is clarifying how the increase applies for 2014 and providing a special administrative procedure for employers to use in filing Form 941, Employer's QUARTERLY Federal Tax Return, for the fourth quarter of 2014 to reflect changes in the excludable amount for transit benefits provided in all quarters of 2014 and in filing Forms W-2, Wage and Tax Statement."
(Internal Revenue Service [IRS])
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[Official Guidance]
Culturally and Linguistically Appropriate Services (CLAS) County Data (PDF)
"PHS Act section 2719 requires non-grandfathered group health plans and health insurance issuers offering non-grandfathered health insurance coverage to provide relevant notices in a culturally and linguistically appropriate manner ... Section 2715 of the PHS Act requires group health plans and health insurance issuers offering group and individual coverage to provide the summary of benefits and coverage (SBC) and uniform glossary in a culturally and linguistically appropriate manner ... The list [in this report] includes all counties which meet or exceed the 10 percent threshold ... for the 2009-2013 ACS data and is applicable until the next edition." [December 2014 Edition; updated January 7, 2015]
(Center for Consumer Information & Insurance Oversight [CCIIO], Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS])
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[Guidance Overview]
Litigation Risks Presented by Workforce Realignments in Response to the ACA's Employer Mandate (PDF)
"This article provides a high level overview of the complex rules imposed on employers as a result of the employer mandate, which illustrate why some employers are looking to workforce realignments as a strategy for reducing their compliance burdens. The article then discusses the litigation risks under ERISA Section 510 and ACA Section 1558 that employers should consider as they evaluate potential workforce realignments. Finally, it offers practical tips that employers should consider as they ponder workforce realignments, so that they can reduce the risks of potential liability."
(Groom Law Group, via Bloomberg BNA Pension & Benefits Daily)
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[Guidance Overview]
Distant Cousins, Not Twins: Some Key Differences Between the Massachusetts and Federal Health Care Reform Laws
"Some employers in Massachusetts continue to believe (mistakenly) that practices that led to compliance with the now repealed Fair Share law will also work under the ACA.... [S]ome of the key ways that the two laws differ: [1] Employers subject to the laws.... [2] The role of the health insurance Exchanges.... [3] The mechanics of the offer.... [4] Concepts of 'affordability' and 'minimum value.' ... [5] Documenting the offer.... [6] The 'take-up' requirement.... [7] Full-time standard.... [8] Categorical exclusions from 'full-time'.... [9] Filing requirements."
(Mintz Levin)
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How to Calculate FMLA Leave Where the Employee's Work Schedule Varies from Week to Week
"This current regulation departs from the former regulation (prior to 2009) in two respects: first, by changing the calculation period from 12 weeks to 12 months (to account for seasonal variation in hours worked); and, second, by changing the phrase 'weekly average of hours worked' to 'weekly average of the hours scheduled . . . including any hours for which the employee took leave of any type.' ... [T]he weekly average method should be reserved for situations where you are unable to determine with any certainty how many hours the employee would have worked."
(FMLA Insights)
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'I Didn't Get It' -- the New FMLA Hurdle?
"[E]mployers should reexamine their internal procedures for providing FMLA notices to their employees. Simply retaining documentation that the notice was mailed (or emailed) may no longer be sufficient to avoid an expensive and time-consuming jury trial if the employee self-servingly denies actual receipt."
(Frost Brown Todd LLC)
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Access to Dependent Care Reimbursement Accounts and Workplace-Funded Childcare
"In 2014, 39 percent of civilian workers had access (available for their use) to employer-sponsored dependent care reimbursement accounts and 11 percent of civilian workers had access to workplace-funded childcare.... In 2014, 58 percent of private industry workers in management, professional, and related occupations had access to dependent care reimbursement accounts, a relatively high rate. By comparison, 18 percent of private industry workers in service occupations had access."
(U.S. Bureau of Labor Statistics [BLS])
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State Trends in the Cost of Employer-Provided Health Insurance Coverage, 2003-2013
"From 2010 to 2013 -- the years following the implementation of the Affordable Care Act -- there has been a marked slowdown in premium growth in 31 states and the District of Columbia. Yet, the costs employees and their families pay out-of-pocket for deductibles and their share of premiums continued to rise, consuming a greater share of incomes across the country. In all but a handful of states, average deductibles more than doubled over the past decade for employees working in large and small firms."
(The Commonwealth Fund)
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Health Premiums Rise More Slowly but Workers Shoulder More of Cost
"Insurance premiums have risen faster than median incomes for workers under 65 in all states in the decade from 2003 to 2013. Average annual premiums -- including what both employers and employees contribute -- represent 20 percent or more of the median income in 37 states. That was the case in only two states in 2003."
(The New York Times; subscription may be required)
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A Rhode Island Rule on Health Enrollment Offers a Consumer Experiment
"The federal government opted for the automatic process, determining that keeping people insured should be the paramount goal. But Rhode Island, which is running its own insurance marketplace, decided that every customer would need to shop for health insurance again. The divergence has led to an interesting experiment in consumer behavior. In the federal marketplace, so far, 35 to 40 percent of 2014 customers came back to HealthCare.gov and picked a plan for this year, according to [HHS], while the remainder were automatically renewed. In Rhode Island, 78 percent of people have gone back to the marketplace to shop, according to state officials."
(The New York Times; subscription may be required)
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[Opinion]
AFL-CIO Letter to Representatives: Don't Vote for the Misnamed 'Save American Workers Act'
"Proponents of the Save American Workers Act claim they want to help part-time workers by moving the threshold for employer penalties from 30 to 40 hours. But raising the threshold will only move the cliff and actually increase employers' incentive to reduce workers' hours.... Congress should strengthen the employer shared responsibility requirement and eliminate the hours cliff, not simply move it."
(AFL-CIO)
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[Opinion]
American Academy of Actuaries Comment Letter to HHS on Notice of Benefit and Payment Parameters for 2016 (PDF)
"The proposal to use three years of MarketScan data to establish HCC risk scores is reasonable and will help maintain consistent scoring of conditions from year to year.... As it may be difficult to determine the amount of funds that may be rolled over to 2017, we would recommend that reinsurance funds be used in 2016 and not rolled over to 2017.... [T]he notice includes a proposal that would change the determination of whether a company has a potentially unreasonable rate increase, thus causing it to be subject to review, to the plan level ... CCIIO and state regulators potentially would be responsible for reviewing significantly more rate submissions than they do today. We recommend retaining the determination of a potentially unreasonable rate increase at the product level."
(Risk-Sharing Work Group, American Academy of Actuaries)
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Benefits in General; Executive Compensation
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2014 in Review: ERISA Individual Prohibited Transaction Exemptions and Advisory Opinions (PDF)
"For the first time since the enactment of ERISA in 1974, DOL issued no ERISA advisory opinions in 2014. It made use of other forms of advance guidance -- information letters, technical releases and field assistance bulletins -- at about the same rate as recent years. Continuing a pattern, DOL issued eleven individual exemptions from the ERISA prohibited transaction rules and six EXPRO exemptions. The number of individual and EXPRO exemptions issued in recent years continues to trend downward, from a combined peak of 51 in 2009 to only 17 in 2014."
(Sutherland Asbill & Brennan LLP)
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ERISA Settlements Top $1 Billion in 2014
"The settlement figures for the biggest ERISA cases were higher in 2014 than at any other time in recent history. In 2011, sponsors settled nearly $900 million in the largest cases, the only time since 2009 when the figures were remotely close to last year's record numbers. Settlement figures for other areas of labor law paled in comparison: $215 million was settled in wage and hour class-actions, and about $228 million in employee discrimination cases."
(BenefitsPro)
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Financial Wellness: The Next Frontier In Wellness Programs (PDF)
16 pages. "Much attention has been given to the financial risk of outliving one's assets in retirement, but many employees underestimate three more immediate risks -- premature death, illness or injury, and out-of-pocket expenses -- which could cripple their financial well-being tomorrow, next week, or next month. Employees that are not adequately protected against these risks may need to start paying their day-to-day expenses by incurring credit card debt, using lines of credit, or taking loans from their 401(k) plans. Accordingly, this paper focuses on the first three, more immediate threats listed above that may occur during employees' working years."
(Prudential)
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Press Releases
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