Health & Welfare Plans Newsletter

February 24, 2015

BenefitsLink.com logo EmployeeBenefitsJobs.com logo LinkedIn logo Twitter logo Facebook logo
Get Retirement News  |  Advertise  |  Previous Issues  |  Search

Employee Benefits Jobs

Functional Area Manager (Contract opportunity)
MMC Corp
in ANY STATE

401k Plan Specialist
The Aimpoint Group, LLC
in ANY STATE

Retirement Plan Analyst (401(k) Team)
Benetrends, Inc.
in PA

Retirement Plan Analyst
Benetrends, Inc.
in PA

Corporate Reporting Analyst
Benetrends, Inc.
in PA

Enrolled Actuary
United Retirement Plan Consultants
in RI

DB Pension Analyst
United Retirement Plan Consultants
in ANY STATE, RI

Pension Processor
Pinnacle Financial Services
in FL

Certified Pension Consultant
Pinnacle Financial Services, Inc.
in FL

RVP, Group Retirement Plans
Ohio National Financial Services
in LA

401K Plan Administrator
QBI, LLC
in CA

ERISA/Qualified Plan Attorney
Wiggin and Dana LLP
in CT

Associate Attorney Tax
Perkins Coie, LLP
in WA

Post Your Job

View All Jobs

RSS feed for jobs RSS Feed: All Jobs


Webcasts and Conferences

Fundamental Series 04: Coverage Test [2015]
March 16, 2015 WEBCAST
(SunGard Relius)

401(k) Advisor Symposium
March 17, 2015 in FL
(401k Rekon)

Common Plan Provisions in Prototype and Volume Submitter Documents
March 17, 2015 WEBCAST
(ASPPA [American Society of Pension Professionals & Actuaries])

Affordable Care Act in 2015: The State of the Law for Employers, Individuals, and Health Care Providers Five Years After Enactment
March 17, 2015 WEBCAST
(Practising Law Institute)

2nd Annual Evolution(k) Retirement Advisor Conference
March 24, 2015 in NC
(Millenium Investment & Retirement Advisors, LLC)

PPA Pre-approved Plan Workshop (Corbel and PPD)
March 24, 2015 in MA
(SunGard Relius)

Getting What We Pay For: Value Solutions in Healthcare Purchasing & Payment
March 25, 2015 in CA
(Benz Communications)

Annual Population Health Management Forum
April 27, 2015 in FL
(Opal Events)

View All Webcasts and Conferences



[Official Guidance]

Text of IRS Temporary and Proposed Regs: Health Insurance Providers Fee
"This document contains temporary regulations that provide rules for the definition of a covered entity for purposes of the fee imposed by section 9010 of the [ACA].... Following the publication of the final regulations ... the Treasury Department and the IRS received questions about how to apply the exclusions under section 9010(c)(2) to the general definition of a covered entity ... [and] whether covered entities must report information on net premiums written for certain members of a controlled group. Notice 2014-47 was subsequently issued to resolve those questions for the 2014 fee year. The temporary regulations adopt the general approach of Notice 2014-47 to resolve those questions for the 2015 fee year and each subsequent fee year." [Editor's note: The request for comments appears in the proposed regulations, the terms of which are identical to the temporary regulations.] (Internal Revenue Service [IRS])  


[Advert.]

Ready for ACA Reporting? Join our free web briefing on March 12!

Sponsored by Mercer Select

With a user-friendly website, daily emails, and regular web briefings, Mercer Select members stay informed about health, retirement, and other key benefit, comp and HR issues. Register for a free web briefing on ACA play-or-pay and MEC reporting on Mar. 12 at 1 pm ET.



[Guidance Overview]

DOL Issues Final Rule Extending FMLA Leave Rights to Same-Sex Couples: What Employers Now Need to Do
"[D]etermine whether the FMLA applies to you. If so, you should: [1] Train your leave administrators and supervisors on the new rule.... [2] Review and amend your FMLA policy and procedures, as well as all FMLA-related forms and notices, to the extent that they specifically define the term 'spouse' in a way that does not account for the new rule.... [3] [T]he FMLA does not protect civil unions or domestic partnerships, so employers are well advised to determine whether FMLA applies in any particular situation.... [State] laws may differ on their definitions of same-sex marriage, civil unions and domestic partnerships, and may offer different leave rights depending on the protected category." (FMLA Insights)  

[Guidance Overview]

DOL Announces a Revised Definition of 'Spouse' for FMLA Purposes
"This latest rule change, which takes effect on March 27, 2015, shifts to a 'place of celebration' approach and ensures that same-sex spouses have the same rights as all spouses to exercise FMLA rights. In other words, as long as the employee is legally married, and regardless of the legal status of same-sex marriage in the state the employee now resides, the employee can take FMLA leave: to care for a same-sex spouse with a serious health condition; to care for a stepchild who is the child of a same-sex spouse; to care for a stepparent who is the same-sex spouse of the employee's parent; due to a qualifying exigency related to the same-sex spouse's covered military service; or to care for a covered servicemember who is a same-sex spouse." (Bond Schoeneck & King)  

[Guidance Overview]

If Legally Married Somewhere, Then Legally Married Everywhere Under the FMLA
"[E]mployers should take the following steps before March 27, 2015... Review any language in your benefit plans related to FMLA leave... Ensure that those administering FMLA leave are familiar with the change in the law and adjust their practices accordingly.... Review any ongoing leaves for which FMLA leave has been denied due to the definition of a spouse in the current regulations and consider whether the leave should be approved going forward as of March 27, 2015." (Ice Miller LLP)  

[Guidance Overview]

IRS Clarifies Prior Guidance on Premium Reimbursement Arrangements, Provides Limited Relief
"[T]he Agencies have reiterated and clarified their view that premium reimbursement arrangements tied directly to the purchase of individual insurance policies are employer group health plans that are subject to, and fail to meet, the ACA's market reforms (such as the preventive services and annual limits requirements). This is the case whether or not the reimbursements or payments are treated by an employer as pre-tax or after-tax to employees." (Proskauer's ERISA Practice Center)  

[Guidance Overview]

IRS Issues Final Forms for ACA Reporting
"The forms and instructions are very similar to the drafts previously issued by the IRS but clarify several specific points, such as: [1] The treatment of newly hired employees who are expected to work full-time hours, but have not yet become eligible for coverage. They are not treated as full-time during the applicable grace period known as the 'non-assessment period.' [2] A large, self-funded employer's option to report coverage for non-employees, including retirees, COBRA participants, and outside directors, using either Forms 1094-B and 1095-B or Forms 1094-C and 1095-C. [3] The need for employers in the same controlled group to coordinate which one will report for an employee who works for both of them in the same month." (Ballard Spahr LLP)  

[Guidance Overview]

California Labor Commissioner Revises Sick Pay Notice Obligation
"[A]ll new employees hired on or after January 1, 2015, must be given the notice at the time of hire. As to employees who were hired prior to January 1, 2015, the notice must be given within seven days of the date that the sick plan is implemented. Since the deadline for implementation is July 1, 2015, the notice must be given to existing employees by no later than July 8, 2015. The agency has taken the position that even if the employer's existing written paid leave policy or sick leave policy already complies with the new law and will not be changed as a result of the law the employer must still distribute the notice." (Ogletree Deakins)  

Text of HHS OIG Fiscal Year 2015 Health Reform Oversight Plan (PDF)
"This fiscal year (FY) 2015 Health Reform Oversight Plan describes the Office of Inspector General's (OIG's) current and planned efforts to oversee the implementation and management of the Department of Health and Human Services' (HHS's) programs under the [ACA]. The Plan outlines OIG's [1] key tactical considerations; [2] key focus areas, both in the health insurance Marketplaces and in other ACA-related HHS programs; and [3] target timeframes for issuing reports on reviews related to the Marketplaces." (Office of Inspector General [OIG], U.S. Department of Health and Human Services [HHS])  

Paid Time Off, Vacations, Sick Days and Short-Term Caregiving in the United States: 2014 National Study of Employers
"[T]hree major findings emerged from a review of current paid leave options: [1] A greater proportion of nonprofits offer sick days and tend to offer more sick days than for-profit organizations. [2] A majority of employers offer paid leave to their full-time employees, but no more than one third of employers offer paid leave to their part-time employees. [3] Since 2012, fewer employers are offering at least five days to care for a mildly ill child." (Families and Work Institute)  

Employers See Wellness Programs as Boosting Productivity, Performance
"More than 90 percent of business leaders say that promoting wellness can affect employee productivity and performance.... When business leaders were asked directly about the top organizational priorities influenced by employee health, they most often listed productivity and performance.... Most business leaders (57 percent) also said their organizations viewed health as an investment in human capital or as part of the organization's core business strategy. Less than a third saw investments in health primarily as a health care cost containment strategy, and fewer still as an expense." (Society for Human Resource Management [SHRM])  

Benefits in General; Executive Compensation

Who Is a 'Participant' in a Nonqualified Plan? Second Circuit Case Highlights Importance of Plan Definitions
"The Company had tried to argue that retired participants should be viewed as a 'subset' of participants, and thus subject to the lump sum cash-out provision upon a change in control. In fact, many employers often view 'participants' as covering both active employees as well as former employees or retirees who have not received full payment under the plan. The court rejected the Company's argument, however, stating that the Plan clearly defined a 'participant' as an active employee and a 'retired participant' as a retiree. Even if the Company never intended to distinguish active and former employees in this manner, the court concluded it could not ignore the clear text of the Plan." [Gill v. Bausch & Lomb, No. 14-1058 (2d Cir. 2014)] (Porter Wright Morris & Arthur LLP)  

Press Releases

ICI Statement on Fiduciary Standard Rule
Investment Company Institute

President Obama Names Joyce Mader to Chair PBGC Advisory Committee
PBGC [Pension Benefit Guaranty Corporation]

Connect   LinkedIn logo   Twitter logo   Facebook logo

Additional useful links:

BenefitsLink.com, Inc.
1298 Minnesota Avenue, Suite H
Winter Park, Florida 32789
Phone (407) 644-4146
Fax (407) 644-2151

Lois Baker, J.D., President
David Rhett Baker, J.D., Editor and Publisher
Holly Horton, Business Manager

Copyright 2015 BenefitsLink.com, Inc. — but feel free to forward this newsletter without further permission from us, if you do not modify the newsletter in any way (including this lower portion).

All materials contained in this newsletter are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of BenefitsLink.com, Inc., or in the case of third party materials, the owner of that content. You may not alter or remove any trademark, copyright or other notice from copies of the content.

Links to websites other than those owned by BenefitsLink.com, Inc. are offered as a service to readers. The editorial staff of BenefitsLink.com, Inc. was not involved in their production and is not responsible for their content.

We are proud of our Privacy Policy.

Thanks for reading this newsletter!