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Employee Benefits Jobs
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Webcasts and Conferences
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[Official Guidance]
Text of IRS Fact Sheet: ACA Individual Shared Responsibility Provision (Section 5000A) Return Preparer Best Practices (PDF)
"This document represents best practices for practitioners to gather necessary information to use in preparing 2014 tax returns for their clients, including information that may be helpful to demonstrate compliance with the ACA's new health coverage requirements. General requirements on filing a complete and accurate tax return continue to apply. Preparers are expected to resolve conflicting or contradictory statements from their clients during the return preparation process, as they do today."
(Internal Revenue Service [IRS])
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[Guidance Overview]
CMS Webinar Slides: Marketplace Payment Submission Process, January 30, 2015 (PDF)
56 presentation slides. Topics: [1] Payment and Collection Process Overview; [2] Invoicing Overview: [a] Initial Request -- Demand Letter; [b] Final Request -- Intent to Refer Letter; and [3] Submitting Payment on Pay.gov.
(Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS])
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[Guidance Overview]
MEWA Reminder: Annual Form M-1 Filings Due March 1
"The Form M-1 requirement applies regardless of whether your plan is insured [or] self-insured, and even applies to sponsors who qualify as a 'bona-fide group or association of employers' for purposes of ERISA. The same March 1 deadline applies, regardless of the actual MEWA plan year.... Since March 1, 2015 is a Sunday, the 2014 Form M-1 must be filed by the next business day, Monday, March 2, 2015....The Form M-1 must be filed electronically using the Form M-1 Online Filing System[.]"
(McKenna Long & Aldridge LLP)
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[Guidance Overview]
March 1 Deadline Nears for Submission of Creditable Coverage Disclosures to CMS
"[E]mployer-sponsored group health plans that offer prescription drug coverage to Part D-eligible individuals are required to submit an electronic Disclosure Notice to [CMS] on an annual basis. This requirement applies not only to employer-sponsored Retiree Health Plans (unless the plan applied for the Retiree Drug Subsidy Program), but also to employer-sponsored plans extended to active employees (and their covered spouses) who are enrolled or are Medicare-eligible (generally speaking, age 65 or over). This annual notice provides CMS with current information regarding the plan's creditable or non-creditable coverage status.... A plan sponsor must submit a new disclosure to CMS no later than 60 days after the beginning of each plan year -- i.e., by March 1, 2015 for calendar year plans."
(Marsh Consulting Group)
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[Advert.]
Form 5500 Reporting Update
This live webinar explains the basic arguments by both sides in the recent series of EEOC lawsuits and will help you establish a program that promotes wellness while avoiding those elements currently being challenged. BenefitsLink discount.
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[Guidance Overview]
ACA Limitations When Hiring a California Retired Annuitant: Potential Catch-22
"California laws governing retired annuitants prohibit employers from offering retired annuitants health or other benefits without incurring serious consequences. The result is a potential Catch 22 -- employers are prohibited from offering retired annuitant health benefits, but the ACA will penalize employers that fail to offer health benefits to full-time employees.... CalPERS has recommended that certain public employers develop policies prohibiting retired annuitants from working full-time to ensure that the employer will not be in jeopardy of federal penalties and will not inadvertently offer health benefits in violation of provisions in the California Government Code. In order for an employer to determine what kind of policy to adopt, the employer must know how it will identify full-time employees under the ACA."
(Liebert Cassidy Whitmore)
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Democrats Move on Paid Parental Leave for Federal Workers
"The Federal Employees Paid Parental Leave Act (FEPPLA), H.R. 532, differs from the executive memorandum that President Obama signed on January 15, which permits all federal employees to receive an advance of sick and annual leave to be used for leave connected with the birth or adoption of a child or for other sick leave-eligible uses. The FEPPLA would amend the law to permit federal employees to be paid during their approved Family and Medical Leave Act leave; this time would not count against sick or annual leave."
(Wolters Kluwer Law & Business)
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Trends in Employee Benefits: Perspectives from the C-Suite and HR/Benefit Managers (PDF)
"About half of employers have concern regarding their ability to attract and retain employees given the implementation of the changes mandated by healthcare reform.... Not only are companies measuring return on investment (ROI) of their employee benefit offerings, but 84 percent of C-suite executives and 85 percent of benefits managers that measure ROI feel they are effective in doing so... Seven in 10 companies have already made or are in the process of making changes related to coverage for spouses and to increase the percentage employees contribute to premiums. Six in 10 have changed or are changing the options for type of plan and increased the co- insurance feature.... 93 percent of C-suite executives anticipate an increase or improvement in the importance of wellness offerings."
(Wells Fargo)
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Another Message to EEOC on Wellness Plans: Targeting Incentives Is Inconsistent with the ACA
"Given the seemingly inconsistent position between the ACA, regulations issued by three Cabinet-level agencies, and the EEOC's litigation position, some employers have limited their wellness programs and related incentives, or have even chosen not to offer them. From both sides of the aisle, the tenor of [a recent Senate HELP Committee] hearing was clear -- Congress permitted incentives for wellness plans that now the EEOC is litigating against. Senator Alexander (R-TN) remarked that 'EEOC is sending a confusing message to employers -- reliance on Obamacare's authorization of wellness programs does not mean you won't be sued.' "
(Seyfarth Shaw LLP)
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The Impact of Taxing Health Premiums
"Eliminating the exclusions -- as some in Washington have proposed -- would sharply increase how much is taken out of workers' paychecks for payroll taxes and for income taxes. But any such proposal would also put more money in their pockets when they retire by increasing the earnings base on which their Social Security benefits are calculated.... Under the proposal, middle-income workers' federal income and payroll taxes would rise by an amount equal to 3.5 percent of their lifetime earnings."
(SquaredAway Blog, by the Center for Retirement Research at Boston College)
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[Opinion]
Senators Request Information from HHS and Treasury Regarding ACA Cost Sharing Reduction Program
"Congress has never appropriated any funds to permit the administration to make any Section 1402 Offset Program payments to insurance companies.... In short, we are concerned that the administration is unlawfully and unconstitutionally misusing the permanent appropriation intended only to pay for tax refunds due under the [Internal Revenue Code] to make Section 1402 Offset Program Payments to insurance companies."
(Energy & Commerce Committee, U.S. House of Representatives)
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Benefits in General; Executive Compensation
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Errors on Your Form 5500 Can Lead to an IRS Audit
"Read each item and then read the instructions for that line. Don't assume you know what information is being requested. Do not copy information from the prior year's 5500 without first reviewing each item carefully to ensure you didn't put information in the wrong box, leave an entry blank that should have information, or use an incorrect code. If you rely on a third party to prepare the 5500, carefully review it before submitting it. Consult with a benefits professional to institute sufficient administrative procedures to prevent mistakes on the 5500 and other informational returns."
(Benefits Bryan Cave)
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Executive Comp Clawbacks: 2014 Proxy Disclosure Study (PDF)
"This study presents [an] analysis of the compensation recoupment or 'clawback' policies of 100 large public companies as disclosed between 2009 and 2013 in their year-end proxies.... While more and more clawback provisions are being added to compensation arrangements, it remains relatively uncommon to see them exercised. There have only been a few high profile cases in recent years. It is not clear whether this is due to a lack of enforcement (by choice or due to of the difficulties with enforcement by the company) or the absence of conduct that would trigger a clawback."
(PricewaterhouseCoopers)
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Press Releases
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Additional useful links:
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Phone (407) 644-4146
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Lois Baker, J.D., President
David Rhett Baker, J.D., Editor and Publisher
Holly Horton, Business Manager
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