Health & Welfare Plans Newsletter

April 7, 2015

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Employee Benefits Jobs

Senior Defined Contribution Consultant
Consulting Actuaries Incorporated
in NJ

ERISA Consultant
Pension Consultants, Inc.
in MO

Attorney - ERISA/Employee Benefits
International Union, United Auto Workers
in MI

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Webcasts and Conferences

What ERISA Plan Fiduciaries Can Learn From Tibble v. Edison International
April 9, 2015 WEBCAST
(Mayer Brown)

2015 Annual Denver Benefits Summit
April 21, 2015 in CO
(Western Pension & Benefits Council - Denver Chapter)

IRAs
April 21, 2015 WEBCAST
(American Bar Association [ABA])

ERISA Fiduciary Overview for Plan Sponsors
April 29, 2015 WEBCAST
(Multnomah Group)

ACA Best Practices – What Could Go Wrong? Potholes to Avoid and New Challenges Down the Road
April 30, 2015 WEBCAST
(HR.com)

ESOPs: a Briefing for Professional Advisors
May 6, 2015 WEBCAST
(Beyster Institute)

EBRI Policy Forum: Evidence on Defined Contribution Health and Retirement: The Road Ahead
May 14, 2015 in DC
(EBRI [Employee Benefit Research Institute])

Health Care Reform
October 8, 2015 in WA
(Thomson Reuters / EBIA)

View All Webcasts and Conferences



[Guidance Overview]

CMS Webinar: FF-SHOP Agent/Broker Policies and Procedures, April 2, 2015 (PDF)
37 presentation slides. "The launch of the FF-SHOP online experience changed how agent/brokers interact with FF-SHOP consumers and the FF-SHOP Marketplace. Agent/brokers who choose to work with the FF-SHOP Marketplace will do so through the 'SHOP Enrollment Pathway,' by directly logging in to the FF-SHOP system through the Agent/Broker Portal ... The following items apply for FF-SHOP agents/brokers as of Plan Year 2015: [1] Required to have an active State license; [2] Encouraged to complete the FF-SHOP Agent/Broker Training; [3] Required to complete the FF-SHOP Privacy and Security Agreement; [4] Required to complete identity proofing on the CMS Enterprise Portal." (Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS])  


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[Guidance Overview]

Planning for the So-Called Cadillac Plan Tax (PDF)
"Many employers are surprised to learn that pre-tax employer contributions are included in the calculation.... Employer and employee pre-tax salary reduction contributions to HSAs are included in the Section 4980I calculation, as well as the cost of the underlying HDHP coverage. In the event that these amounts combined would exceed the tax thresholds, the employer could reduce the overall cost by reducing the employer contributions, the employee pre-tax contributions or both.... Any reductions would need to be consistent with the HSA comparability rules." (Alston & Bird LLP)  

Federal Judge Blocks FMLA's Expanded Definition of Spouse (PDF)
"After the ruling, Texas Attorney General Ken Paxton released a statement saying that the DOL's new FMLA rule requiring recognition of employees' same-sex marriages would essentially force state agencies to choose between violating federal regulations and complying with state law. On March 31, the Department of Justice (DOJ) requested a hearing on the preliminary injunction. In that request, the DOJ represented that the government would not try to enforce the new FMLA provisions against the states governments of Texas, Arkansas, Louisiana, and Nebraska while the preliminary injunction is in effect. However, the government also stated its understanding that it could enforce the provisions against other persons." (Buck Consultants at Xerox)  

Coffee Giant Brews Up Perky Educational Benefit for Employees
"In as bold a move as its strongest blend, coffee powerhouse Starbucks [has] upped the ante to its college degree program the company first unveiled last summer. The program now provides a more robust package for employees, offering a full four-year tuition plan for both full- and part-time employees working at least 20 hours, in addition to faster tuition reimbursement. The program is a partnership with Arizona State University and provides full tuition coverage for a bachelor's degree though ASU's online program." (Employee Benefit News)  

Private Health Insurance Exchange Enrollment Doubled from 2014 to 2015
"An estimated 6 million members enrolled in their benefits on a private health insurance exchange for the 2015 plan year, continuing a remarkable adoption trend in excess of 100 percent annual growth since 2013." ... Accenture forecasts enrollment of employees under 65 years old and dependents will grow to 12 million in 2016 and 22 million in 2017. Accenture projects growth will remain on track to reach 40 million enrollees by 2018. (Accenture)  


[Advert.]

Annual Population Health Management Forum Information - April 27-28 - Jacksonville

Sponsored by Opal Events

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High-Deductible Health Plans Can Ruin Finances
"Less than half of all households above the poverty level have enough assets to cover an out-of-pocket maximum of $3,000 to $6,000 ... The federal Consumer Financial Protection Bureau recently reported that medical debt is the biggest factor in negative credit reports -- and about half of the people turned over to collectors for medical bills have otherwise clean records." (Kaiser Health News)  

Helping Employees Cope with Out-of-Pocket Non-Medical and Medical Expenses Stemming from Accidental Injuries (PDF)
16 pages. "For employers, accident insurance offers a low-cost way to deliver a more robust benefits package to employees. It also may help smooth the transition to high-deductible health plans. For employees, it can provide cash to pay for a portion of out-of-pocket injury-related expenses, including some not typically covered by medical insurance, such as transportation and home modifications.... [A]ccident insurance is one of the fastest-growing employee benefits -- nearly a third of U.S. employers offered it as of 2010, up from 19% in 2002[.]" (Prudential)  

Shifts in Earnings for Consumers Near Medicaid Line Can Threaten Coverage
"Low-income consumers whose earnings fluctuate or family circumstances change over the course of the year risk losing their health coverage if they shift between eligibility for Medicaid and coverage on the health insurance exchanges. That 'churning' isn't new to Medicaid, but the health law's addition of millions of customers whose incomes hover near the Medicaid line raises concerns about how well the insurance marketplaces can handle the flux." (Kaiser Health News)  

Benefits in General; Executive Compensation

IRS Releases Amended Section 162(m) Regs Clarifying How to Preserve the Deductibility of Certain Compensation for Public Companies
"Companies either anticipating becoming publicly traded or that have recently become publicly traded should consider either of the following alternatives for senior officers: [1] structuring new grants of RSUs to senior officers to be settled and paid out prior to the expiration of the transition period; or [2] granting awards of restricted stock instead of RSUs, which will be exempt if granted before the expiration of the transition period even if vesting occurs following the expiration of the transition period." (Wilson Sonsini Goodrich & Rosati)  

Reminder on Electronic Equity Award Agreements
"Courts have confirmed that the electronic delivery and acceptance of equity awards does not diminish the enforceability of the terms of the award agreement, including restrictive covenants. However, the structure and wording of electronic delivery and acceptance websites is important.... Companies need to make certain that all terms and conditions are incorporated and available for recipient review." (Winston & Strawn LLP)  

Press Releases

2015 Retirement Designation Guide Released
Financial Service Standards, LLC.

Pharmacist Survey Raises Concerns for Patient Access to Generic Drugs
National Community Pharmacists Association [NCPA]

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