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May 22, 2017 logo logo
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Employee Benefits Jobs

Recordkeeping Associate
Leading Retirement Solutions, LLC
in WA

Defined Contribution Retirement Plan Administrator
Oriental Pension Consultants, Inc.
in FL

401(k) Plan Administrator
Compass Retirement Consulting Group
in NH, Telecommute

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[Guidance Overview]

California Labor Commissioner Issues New Guidance on Paid Sick Leave
"[T]he Commissioner confirmed that if, at the time the law became effective, an employer already had an existing PTO plan that made an amount of paid leave available that could be used for as many or more days and under the same or more favorable conditions than those specified in the law, that employer may continue to use the PTO plan and does not have to provide additional paid sick days in order to satisfy the law's requirements.... [T]he Commissioner clarified that the law ... prohibits disciplinary action only with respect to an employee's use of accrued and available paid sick leave under the statute."
Proskauer Rose LLP


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[Guidance Overview]

San Francisco Issues Guidance on Paid Parental Leave Ordinance
"[T]he new FAQs clarify that: [1] To receive the benefits prescribed by Ordinance, employees must apply for both California PFL and San Francisco Ordinance benefits.... [2] [E]mployees must have: commenced work for a covered employer at least 180 days before the start of the PFL payment period; worked at least 8 hours per week for the covered employer; and worked in San Francisco at least 40% of his or her weekly hours for the covered employer. [3] The threshold number of employees that triggers the requirements of the Ordinance for employers includes employees working or located outside of San Francisco."
Proskauer Rose LLP

New York Employers Must Prepare for Paid Family Leave Program
"The Empire State will join California, New Jersey and Rhode Island in offering paid family leave that is funded through employee payroll taxes and administered by the state disability program.... Employers are supposed to start making payroll deductions for the fund in mid-2017[.]"
Society for Human Resource Management [SHRM]

Trump Budget Will Include Paid Family Leave Proposal
"President Trump's 2018 budget ... will seek $25 billion for states to create paid family leave programs through their unemployment insurance programs, potentially providing up to six weeks of paid leave for mothers and fathers after the birth or adoption of a child."
HR Policy Association

IRS Updates Premium Tax Credit Table, Required Contribution Percentage
"For plan years beginning in 2018, the required contribution percentage under Code Sec. 36B is 9.56 percent. For plan years beginning in 2018, the required contribution percentage under Code Sec. 5000A is 8.05 percent."
Wolters Kluwer Law & Business


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CBO to Release Estimate for House-Passed Version of the AHCA on Wednesday, May 24
"CBO and the staff of the Joint Committee on Taxation are in the process of preparing a cost estimate for the House-passed version of the American Health Care Act. CBO anticipates being able to release the estimate on Wednesday, May 24 in the afternoon.... CBO issued estimates for previous versions of the legislation on March 23 and March 13."
Congressional Budget Office [CBO]

Actuaries Examine How Changes to ACA Market Rules Would Affect Risk Adjustment
"Proposals to alter the market rules applying to the individual and small group health insurance markets would likely require changing the [ACA's] risk adjustment program, the American Academy of Actuaries said ... Loosening the issue and rating rules, incorporating high-risk pools, allowing sales across state lines, or eliminating federal essential health benefit (EHB) requirements could necessitate changes ranging from minor adjustments to major structural modifications."
Advisor Magazine


Healthcare Industry Is Panicking That Trump Will Blow Up Obamacare on Monday
"Organizations representing most of the healthcare industry -- along with attorneys general from 15 states and the District of Columbia -- took desperate steps Friday in a last-ditch attempt to keep President Trump from blowing up the [ACA].... On [Monday, May 22,] the Trump administration has to tell a federal appeals court whether it will continue to defend the ACA against a legal attack by the House of Representatives. Alternatively, the White House could seek a 90-day stay on the proceedings. The attorneys general are asking the court to allow them to take over the defense from the White House."
Los Angeles Times


Health Insurance Benefits Should Be Equitable But Not Necessarily Equal
"[We] should be designing insurance coverage in a way that provides access to care for people who need it, when they need it. That requires a subtle but important shift from equal access to equitable access. The first approach treats all people, regardless of clinical need, the same. The second recognizes that clinical need is an essential factor in determining where to direct resources and does not apologize for treating people with different needs differently."
Betsy Q. Cliff, Michael Rozier, and A. Mark Fendrick, in Health Affairs

Benefits in General

[Guidance Overview]

Controlled Group and Affiliated Service Group Rules for Retirement and Cafeteria Plans (PDF)
"[A] foreign-based corporation (or group of individuals) may have wholly owned subsidiaries in other countries that in turn have wholly owned subsidiaries in the U.S., which are in fact part of a controlled group. Most often, these U.S. controlled groups do not have centralized operations and are not even aware that there are other related entities in the U.S.... Less familiar to many service-type companies are the rules treating affiliated (through ownership) service organizations as a single employer for retirement and cafeteria plan purposes. The ownership thresholds triggering application of these rules are much lower for this type of group than for controlled groups."

Press Releases

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BenefitsLink Health & Welfare Plans Newsletter, ISSN no. 1536-9595. Copyright 2017, 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, Inc., or in the case of third party materials, the owner of those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.

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