Health & Welfare Plans Newsletter

March 31, 2015

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Employee Benefits Jobs

Actuarial Specialist
Kravitz, Inc.
in ANY STATE

ESOP Administrator
Blue Ridge ESOP Associates
in ANY STATE

Senior 401(k) Retirement Plan Consultant
Ascensus
in IN

Account Manager
Verisight/Daily Access
in AL, KS

Retirement Specialist - 403(b) - Financial Advisor
Voya Financial Advisors
in MI

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Webcasts and Conferences

Best Practices for Other Retirement Plans When You Have an ESOP
RECORDED
(National Center for Employee Ownership)

Employer Mandate: Covering the Right Employees
RECORDED
(Hill, Chesson & Woody)

Fundamentals Series 08: Nondiscrimination and Allocations 2015
April 13, 2015 WEBCAST
(SunGard Relius)

Fundamentals Series 09: The 415 and Deduction Limits 2015
April 20, 2015 WEBCAST
(SunGard Relius)

The Year in Benefits: Insights and Strategies for Retirement, Health, and Executive Compensation Plans
April 22, 2015 in CA
(ALI-ABA [American Law Institute-American Bar Association])

Deferral Election Trouble Spots
April 28, 2015 WEBCAST
(ASPPA [American Society of Pension Professionals & Actuaries])

Enhancing Your Retirement Plan: A Seminar for Non-Profit Organizations & Trade Associations
April 29, 2015 in DC
(AFS 401[k] Retirement Services)

Flexible Compensation Specialist (FCS) Study Course - Session 4: Health Savings Accounts (HSA)
May 20, 2015 WEBCAST
(ECFC [Employers Council on Flexible Compensation])

View All Webcasts and Conferences



[Official Guidance]

Text of DOL FAQs on ACA Implementation (Part XXIV): Summary of Benefits and Coverage
"Changes to the SBC regulations, template, and associated documents were proposed to apply beginning September 1, 2015.... The Departments intend to finalize changes to the regulations in the near future, which are intended to apply in connection with coverage that would renew or begin on the first day of the first plan year (or, in the individual market, policy year) that begins on or after January 1, 2016 ... The Departments also intend to utilize consumer testing and offer an opportunity for the public, including the National Association of Insurance Commissioners, to provide further input before finalizing revisions to the SBC template and associated documents." (Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL])  


[Advert.]

State and Local Government Benefits Association (SALGBA)

Sponsored by State and Local Government Benefits Association [SALGBA]

(SALGBA) is the premier organization providing educational and collaborative support for public sector employee benefits professionals, such as national and regional conferences, member directory, and more. For a complete list visit www.salgba.com.



[Official Guidance]

Text of IRS Notice 2015-29: Application of ACA Fee on Health Insurance Providers to Expatriate Health Plans (PDF)
"Notice 2014-24 allowed a covered entity to exclude 50% of its direct premiums written for expatriate health plans ... for purposes of determining the fee for the 2014 and 2015 fee years.... [The Expatriate Health Coverage Clarification Act of 2014 (EHCCA)] provides a special rule that applies solely for purposes of determining the fee under Section 9010 for fee years 2014 and 2015.... [which] proportionally reduces the fee of a covered entity with expatriate health plans to account for its net premiums written for those plans.... To claim the benefit of the special rule ... a covered entity that satisfies the requirements in Section 3.01 of this notice must report its direct premiums written for expatriate health plans as reported on its [Supplemental Health Care Exhibits] on a statement attached to its 2015 Form 8963 that includes the certifications described in Section 3.02 of this notice... The IRS will apply the special rule for both the 2014 and 2015 fee years by adjusting the 2015 fee rather than by issuing refunds." (Internal Revenue Service [IRS])  

[Guidance Overview]

IRS Issues Guidance on Cadillac Tax (PDF)
8 pages. "The IRS is considering proposing a rule to require employers to use their chosen method of premium calculation for a period of at least five years.... In addition, the IRS is considering prohibiting the use of the past-cost method when significant benefit changes have been made for the new plan year. [IRS Notice 2015-16] includes a number of additional thoughts on both the actuarial basis and past-cost methods[.]" (Marsh & McLennan Agency LLC)  

[Guidance Overview]

FMLA Changes Definition of Spouse (PDF)
"According to the DOL, employers do not need to know the marriage laws of all states and countries to apply the place of ceremony definition of a spouse. Employers only need to know the marriage laws of the specific state or country where the employee requesting an FMLA leave entered into a same-sex or common law marriage. A number of organizations provide up-to-date information on same-sex marriage [laws]." (Marsh & McLennan Agency LLC)  

Supreme Court to Consider ERISA's Tracing Requirements
"[At] issue in the case is whether an ERISA fiduciary of a health benefit plan, who alleges that a beneficiary was overpaid benefits, can enforce an equitable lien under ERISA Section 502(a)(3) without identifying that the particular fund is within possession and control of the beneficiary." [Bd. of Trustees of the National Elevator Industry Health Benefit Plan v. Montanile, No. 14-11678 (11th Cir. Nov. 25, 2014; cert. pet. granted Mar. 30, 2015)] (Proskauer's ERISA Practice Center)  


[Advert.]

Join us at the 2015 IHC FORUM & Expo in Atlanta June 23-25

Sponsored by Institute for Healthcare Consumerism [IHC]

The 6th Annual IHC FORUM & Expo Atlanta is part of the ONLY conference series 100% dedicated to HealthCare Consumerism—where employers, brokers, health plans, TPAs, consultants & providers gather under ONE roof to LEARN, CONNECT and SHARE!



CDHP Cost-Savings Maintained over Time
" 'Three years out, there consistently seems to be a reduction in total health care spending' at employers offering CDHPs, Amelia Haviland, a professor of statistics and public policy at Carnegie Mellon University's Heinz College [said] ... The research also suggests that 'the impact of CDHPs is greater when paired with HSAs (versus HRAs) and when employers make smaller account contributions,' which is more likely to promote cost-conscious decision-making by employees." (Society for Human Resource Management [SHRM])  

Growth and Dispersion of Accountable Care Organizations in 2015
"In January, an additional 89 provider organizations joined the Medicare Shared Savings Program (MSSP) as accountable care organizations (ACOs). While this year's new entrants are a smaller cohort than those that joined in 2013 and 2014, they represent a continuation of the expansion of the accountable care movement." (Health Affairs)  

Why Multiemployer Plans Should Seriously Consider Cyber Liability Insurance for Data Breaches (PDF)
"Whether a breach ... is caused by a plan employee or a service provider that stores the data, the plan and potentially its trustees may be held responsible to some degree. This [article] discusses the protections provided by cyber liability insurance and why they are important to have. It also discusses the different circumstances in which a multiemployer plan may be liable for a breach as well as the steps trustees can take to minimize their plan's cyber liability." (Segal Select Insurance)  

Blue Shield of California Under New Pressure to Lower Rates
"With billions of dollars in reserve, nonprofit insurer Blue Shield of California is facing new pressure to offer better prices for its policies.... The insurer's premiums are drawing renewed scrutiny since the California Franchise Tax Board stripped Blue Shield of its longtime exemption for state income taxes after an audit.... There are calls for Blue Shield to draw on its $4.2 billion in financial reserves and reduce what it charges employers and consumers." (Los Angeles Times)  

[Opinion]

Will Employer-Sponsored Health Insurance Fade Away?
"What we may see ... is not the end of any role of the employer in health coverage but a profound change in the nature of that role. It could be that in the future the place of work will continue to be the location where health insurance transactions take place, with employers making payroll deductions on behalf of their employees and sending the money to a plan administered by a private or ACA exchange. But with the Cadillac Tax's squeeze on ESI, and the availability of subsidized plans in the ACA exchanges, it seems likely that fewer and fewer employers will actually select and run plans, and be exposed to the insurance risk." (The Brookings Institution)  

[Opinion]

The Problem with Healthcare Pay-for-Performance
"Current political activity seems to be based on the concept that these flawed policies can eliminate much of the wasteful health care services provided. As [health economist Uwe Reinhardt] tells us, the problem with that rationale is that there is not nearly as much waste as has been thought. The initial results of experimentation have confirmed that there just is not that much recoverable by attempting to reduce or eliminate care that is not beneficial." (Physicians for a National Health Program [PNHP])  

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