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The Retirement Advantage, Inc.
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The Retirement Advantage, Inc.
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ClearPoint Financial
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Legislative and Regulatory Teleconference: Legislative Outlook for Benefit Programs in 2015
January 14, 2015 WEBCAST
(Employers Council on Flexible Compensation)

Multi-Employer Plan Legislation: Operation, Practicalities, Implications
February 3, 2015 WEBCAST
(ABA Joint Committee on Employee Benefits)

King v. Burwell: Debating the Future of the ACA
February 5, 2015 WEBCAST
(National Institute for Health Care Management Foundation)

Legislative and Regulatory Teleconference: What’s in store for FSAs, HSAs, HRAs and Flex under the Leading Health Care Proposals
February 11, 2015 WEBCAST
(Employers Council on Flexible Compensation)

Plan Corrections: Fixing the Broken Plan - Cleveland
February 26, 2015 in OH
(SunGard Relius)

Restatement and Design Workshop - Cleveland
February 27, 2015 in OH
(SunGard Relius)

View All Webcasts and Conferences

[Official Guidance]

Text of CMS Risk Corridor Transitional Policy Supporting Statement
"In this supporting statement, we specify that an insurance company may submit one transitional adjustment reporting form for multiple issuers in multiple states.... CMS is also publishing the data collection template (transitional adjustment reporting form) and filing instructions associated with this information collection for public comment. The filing instructions include more details about how the form is to be submitted, including the email address where the form should be submitted, and other technical submission instructions. CMS will begin accepting data reporting form submissions on February 9, 2015. Transitional adjustment reporting forms must be submitted to CMS by February 13, 2015." [Also available: Transitional Reporting Form and Transitional Adjustment Reporting Form Instructions.] (Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS])  

[Advert.]

Will the Department of Labor Expand Fiduciary Status?

Download this special report to understand the impacts of the DOL Amicus Brief Program, whether it will expand the definition of fiduciary and the implications to providers.

[Official Guidance]

Text of CMS FAQs About IRS Form 1095-A (PDF)
20 Q&As; 6 pages. "Form 1095-A is a tax form that will be sent to consumers that have been enrolled in health insurance through the Marketplace in the past year. Just like you get a W-2 from your employer, you'll be getting a form from the Marketplace -- form 1095-A -- you'll need it for your taxes. Keep it alongside your W-2 and other tax records. Similar to how households receive multiple W-2s if individuals have multiple jobs, some households will get multiple Form 1095-As if they were covered under different plans or changed plans during the year." (Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS])  

[Guidance Overview]

Month by Month, Employers Must Track Employees in 2015 for Required Reporting under ACA Rules
"Even though the penalties only apply if there are 100 or more employees for 2015, employers with 50 or more full-time equivalent employees are required to report for 2015. Also note this reporting is required even if the employer does not maintain any health plan.... For the pay or play reporting, each [applicable large employer (ALE)] must file a Form 1094C reporting the number of its full-time employees (averaging 30 hours) and total employees for each calendar month, whether the ALE is in a 'aggregated' (controlled) group, a listing of the name and EIN of the top 30 other entities in the controlled group (ranked by number of full-time employees), and any special transition rules being used for pay or play penalties. ALE's must also file a 1095C for each employee who was a full-time employee during any calendar month of the year. The 1095C includes the employee's name, address and SSN, and month by month reporting of whether coverage was offered to the employee, spouse and dependents, the lowest premium for employee only coverage, and identification of the safe-harbor used to determine affordability." (Frost Brown Todd LLC)  

[Guidance Overview]

ACA Employer Mandate Now in Effect; Employers Beware of Whistleblower Liability
"To date, no DOL administrative tribunal has recognized a whistleblower claim based upon an adverse employment action caused by an employer's alleged failure to comply with Title I of the ACA. Indeed, an administrative law judge dismissed just such a complaint on December 19, 2014, because the mandate was not in effect at the time of the alleged protected activity or adverse employment action." [Porter v. Housing Authority of Columbus, Georgia, 2015-ACA-00001, Decision and Order Granting Respondent's Motion for Summary Decision (ALJ, Dec. 19, 2014)] (Ford & Harrison LLP)  

[Guidance Overview]

Agencies Seeks Comments on Proposed Changes to Summary of Benefits and Coverage Document and Requirements
"The Departments [of Labor, Treasury and HHS] propose to change and clarify the SBC regulations for certain scenarios to reduce unnecessary duplication of SBC disbursement....The Departments seek comment on whether or not this section of the SBC regulations should also include a requirement that the provision of the SBC by one of the entities be monitored....[T]he proposed regulations clarify when an issuer is required to provide an SBC for a second time where the first time was provided prior to application for coverage." (Epstein Becker Green)  

[Guidance Overview]

IRS Addresses 2014 Increase in Transit Benefit Limits Under TIPA
"Employers that have already filed the fourth quarter Form 941 cannot use the special administrative procedure outlined in the Notice. Instead, they must use Form 941-X and the normal procedures for making an adjustment or claiming a refund for any quarter in 2014 regarding overpayment of tax on excess transit benefits (that is, after repaying or reimbursing employees, or, for refund claims, obtaining employee consents)." (Practical Law Company)  

[Guidance Overview]

An Update on the National Epidemic: California's Statewide Paid Sick Leave Law
"While the date on which actual accrual of paid sick time begins is measured from July 1, 2015, the time period for when an employee may use accrued paid sick time is measured by the actual date of employment.... While the law references '24 hours or three days' as the amount of paid sick leave that must be provided on an annual basis, the law also defines a 'paid sick day' as time that is 'compensated at the same wage as the employee normally earns during regular work hours.' For employers whose employees work on an alternative workweek schedule, such as a four-day per week, 10-hour per day schedule, a 'paid sick day' might actually be 10 hours of wages for the employee, or 30 hours." (Littler)  

Navigating the Unfriendly Skies of ERISA Reimbursement (PDF)
"After a recent Supreme Court decision, employee-benefit plan participants under [ERISA] who receive a tort recovery from a third party may face a steeper climb to protect their settlement. Learning a few strategies can alleviate some of that turbulence." (Trial)  

Fast, Easy, Low-Cost: Will Market Disruptors Change Health Care Delivery?
"As more employers move toward offering only consumer-driven health plans rather than the traditional PPO or HMO models, information about the cost of health care services is becoming more available to consumers.... According to a [recent study], a growing percentage of the population are likely to choose new, less traditional forms of health procedures if service costs were reduced.... Health organizations must develop service models based on consumer values, while conforming to regulatory requirements and moving toward a value-based model. Implementing a revised model may require major foundational changes" (Altarum Institute)  

Popular Southern Grocery Chain to Offer Same-Sex Health Benefits
"More gay and lesbian married couples living in conservative Southern states can get health benefits -- so long as they work for Publix. The grocery chain is one of the largest in the south, with stores in three states that ban same-sex marriage: Alabama, Georgia and Tennessee. Starting in January, even employees in those states can enroll their spouses in the company's health and dental plans -- as long as they were married in a different state." (CNNMoney.com)  

Sony Breach Airs Personal Health Information of Dozens of Employees
"Amidst the thousands of documents stolen from the company were the personal health records of more than three dozen employees and their children.... Included in the stolen health documents was a spreadsheet from the company's HR department that listed the birth dates, gender, health condition and medical costs for 34 workers. Another file contained a list of personal details of one employee's child with special needs, including reports about the child's diagnosis, treatment and medical claims history.... The ramifications of these breaches involve heavy civil and criminal penalties, and compromise the privacy and protection of innocent individuals whose information is exposed." (William Gallagher Associates)  

Treatment Cost Disparities Puzzle, Intrigue Charlotte Health Execs
"Why does North Carolina's largest insurer pay an average of $53,000 more for kidney transplants at Duke Hospital than at Carolinas Medical Center? Or twice as much for knee replacements at CMC-University as at Lake Norman Regional Medical Center? Executives at Carolinas Healthcare System and Novant Health say they're pondering those questions in the wake of last week's surprise data dump by Blue Cross and Blue Shield of North Carolina." (Kaiser Health News)  

House Unanimously Passes an Amendment to ACA
"[T]he House of Representatives on Monday [January 12, 2015] voted 401-0 to exempt emergency service volunteers from the 50-employee threshold triggering the healthcare law's pay-or-play mandate. Last week, the House unanimously approved a similar measure exempting veterans covered under TRICARE or comparable insurance from being counted as an employee for ACA's shared responsibility purposes." (Littler)  

2014 Current Population Survey Annual Social and Economic Supplement: Research Files Now Available for Downloading
"The 2014 Current Population Survey Annual Social and Economic Supplement included redesigned questions for income and health insurance coverage.... Included in these files: Public use microdata files for the approximately 30,000 addresses that received the redesigned income questions.... Public use microdata file with estimates of current health insurance coverage for the approximately 30,000 households eligible to receive the redesigned income questions." (U.S. Census Bureau)  

[Opinion]

NHeLP Comment Letter to CMS on Draft 2016 Letter to Issuers in Federally-Facilitated Marketplaces
10 pages. "[We] have serious concerns regarding the lack of transparency in the proposed monitoring and review process. According to the Draft Letter, the results of the review will be shared with the states and issuers. We strongly urge HHS to make the results of its compliance reviews publicly available. Consumers and other stakeholders should be able to review and evaluate for themselves QHP performance based upon HHS' compliance reviews." (National Health Law Program [NHeLP])  

Annual Notices for ISOs and ESPPs Are Due February 2
"Notices are required to provide the items of information listed [in this article] ... A company that is unable to comply with the notice deadline may apply for an extension of up to 30 days by submitting to the IRS by February 2, 2015 a written request providing, among other information, the reason for the delay." (Ropes & Gray LLP)  

Evaluating ERISA Retaliation Claims (PDF)
"The issue of protecting employees from retaliation for complaining to management under Section 510 has created a circuit split over whether unilateral action, in the form of unsolicited internal complaints, constitutes ERISA-protected activity.... Because courts' statutory interpretations of ERISA are far from consistent, determining the best venue for a Section 510 retaliation claim is a critical step, and the specific circumstances surrounding the employee's complaints are important." (Trial)  

[Opinion]

Groom Law Group Comment Letter to DOL on Proposed Revisions to Form 5500 Annual Return/Report for Multiple Employer Plans (PDF)
5 pages. "We recommend that the [DOL] limit the requirement to include an attachment listing all employers to multiple employer defined benefit plans, which were the focal point of the legislation. At a minimum, we believe the Department should not require other types of plans, i.e., defined contribution and group health and welfare plans, to include any employer (or employee) contribution information, and should make such relief applicable to 2014 plan year filings." (Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL])  

United Retirement Plan Consultants is Certified to Industry Best Practices
Centre for Fiduciary Excellence [CEFEX]

New Social Security Optimizer From Quicken and LifeYield Simplifies Retirement Planning
LifeYield

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