Health & Welfare Plans Newsletter

November 7, 2016

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Employee Benefits Jobs

Retirement Plan Consultant / Specialist
Associated Pension Consultants
in CA

Corporate Counsel - Employee Benefits
Marriott International, Inc.
in MD

Actuary
USI Consulting Group
in CT

401(k) Administrator
Capital Retirement Plan Services, Inc.
in PA

Pension Plan Administrator
Growing Retirement Plan Administration Firm
in NY

DB Sr. Actuarial Consultant
USI Consulting Group
in CT

Retirement Solutions Document Coordinator
PNC
in PA

Client Solution Advisor
PNC
in PA

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Webcasts and Conferences

Nondiscrimination Rules for Closed Pension Plans
RECORDED
IRS [Internal Revenue Service]

Employee Plans Compliance Unit (EPCU) - 2016 Updates
RECORDED
IRS [Internal Revenue Service]

Davis Bacon Prevailing Wage Retirement Plans
RECORDED
ASPPA [American Society of Pension Professionals & Actuaries]

Recent Federal Developments Affecting Employee Benefits
December 8, 2016 WEBCAST
Clear Law Institute

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[Official Guidance]

Text of IRS Notice 2016-64: 2016-2017 PCORI Fee (PDF)
"The applicable dollar amount that must be used to calculate the fee imposed by Sections 4375 and 4376 for policy years and plan years that end on or after October 1, 2016, and before October 1, 2017, is $2.26. The increase from the prior amount is calculated by multiplying the adjusted applicable dollar amount for policy years and plan years ending in the previous Federal fiscal year, $2.17, by the percentage increase of the projected per capita amount of National Health Expenditures published by HHS on July 12, 2016."
Internal Revenue Service [IRS]

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How to Survive an ACA Audit

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Dec. 13 webinar. Ensure that your policies and procedures mitigate audit inquiries from various federal agencies. Documentation and record retention will be the key to minimizing potential penalties.


[Guidance Overview]

2016 Reinsurance Contributions Review and Discussion Session (PDF)
41 presentation slides, for presentations on Nov. 7 and Nov. 14, 2016. Topics: [1] Identify key Transitional Reinsurance (RI) Program dates and the uniform contribution rate for the 2016 Benefit Year Review; and [2] Contributing Entity requirements and the contributions submission process for the 2016 Benefit Year.
Centers for Medicare & Medicaid Services [CMS], U.S. Department of Health and Human Services [HHS]

[Guidance Overview]

Guidance Addresses Mental Health Parity
"The new guidance: [1] Generally requires group health plans to use their own data in the quantitative and financial tests under the MHPAEA ... [2] Addresses certain questions about non-quantitative treatment limits that present parity issues; and [3] Focuses attention on the application of the parity rules to medication for the treatment of opioid use disorders."
Ballard Spahr LLP

[Guidance Overview]

Montgomery County Sick and Safe Leave Law Amended
"Effective immediately, employers in Montgomery County, Maryland must allow eligible employees in the County to use up to 56 hours of paid sick and safe leave provided under Montgomery County's sick and safe leave law for birth, adoption, foster care, or bonding with the employee's child. The County Council adopted this measure to bridge gaps in employees' ability to use paid leave for various combinations of parental leave under federal and state laws."
Littler

'Sweat Equity': Coordination of Benefits Claims for School Athletes
"The Seventh Circuit Court of Appeals joined six sister circuits in concluding that the Central States welfare plan's attempts to force responsibility for health benefits paid to student athletes onto insurance companies that provide coverage for the youth teams do not seek equitable relief under ERISA Section 502(a)(3)." [Central States, Se. & Sw. Areas Health & Welfare Fund v. Am. Int'l Grp., Inc., No. 15-2237 (7th Cir. Oct. 24, 2016)]
Bloomberg BNA

[Advert.]

COBRA Handbook - 2017 Edition

Sponsored by Wolters Kluwer

This practical handbook reviews in detail the rules contained in the IRS and DOL regulations and offers guidance on how to comply with the various rules contained in the regulations.


The ACA as Retiree Health Insurance: Implications for Retirement and Social Security Claiming
"An analysis based on a structural retirement model suggests that eventually ACA will increase the probability of retirement by those who initially had health insurance on the job but did not have employer-provided retiree health insurance. But the retirement increase is quite small, only about half a percentage point at each year of age. The model also suggests that much of the effect of ACA on retirement will be realized within a few years of the change in the law."
Michigan Retirement Research Center [MRRC]

CMS Acting Administrator Says Drug Industry Has Too Many 'Bad Actors'
"Andy Slavitt, the acting administrator of [CMS], said there were too many 'bad actors' in the industry, backing away from what he said was his own defense of the sector last year ... 'You know, last year when I spoke here, the price increases at Turing were making news, and I told you I didn't want this industry to be defined by its worst actors,' Slavitt said. 'I defended the industry then, but the more data that's revealed, the more bad actors you find, and I'm telling you now: it's too many.' "
Morning Consult

Executive Compensation and Nonqualified Plans

[Guidance Overview]

SEC Issues C&DIs on CEO Pay Ratio Disclosure, Exempt Offerings under Rule 701 and Sales of Securities Under Rule 144(d)
"[A]ny measure that reasonably reflects the annual compensation of employees may serve as a compensation measure. Workers whose compensation is determined by a company should be included in the determination of the company's employee population regardless of whether such workers would be considered 'employees' for tax or employment law purposes.... The holding period under Rule 144(d) for restricted securities received by an employee pursuant to an individually negotiated employment agreement begins when the employee is deemed to have paid for such securities."
Dechert

Press Releases

Steven H. Sandell Grant Program Call for Submissions
Center for Retirement Research at Boston College

Dissertation Fellowship Program Call for Submissions
Center for Retirement Research at Boston College

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Lois Baker, J.D., President  loisbaker@benefitslink.com
David Rhett Baker, J.D., Editor and Publisher  davebaker@benefitslink.com
Holly Horton, Business Manager  hollyhorton@benefitslink.com

BenefitsLink Health & Welfare Plans Newsletter, ISSN no. 1536-9595. Copyright 2016 BenefitsLink.com, Inc. 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.

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