Health & Welfare Plans Newsletter

June 6, 2017 logo logo
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Employee Benefits Jobs

Webcasts and Conferences

LLCs And Equity Incentive Plans

Health Law Check-Up: Compliance Program Refresh and Recent Enforcement Trends
von Briesen & Roper, s.c.

CSRA SHRM Mini Conference
June 8, 2017 in GA
SHRM - Central Savannah River Area [CSRA]

Employee Leaves of Absence: Understanding How Various Legal Authorities Work Together - Part 3: State and Local Sick Leave Laws
June 14, 2017 WEBCAST

A New Era in Compensation: Modernizing Base Pay Delivery
June 22, 2017 in DC
Worldwide Employee Benefits Network [WEB] - Washington Metropolitan Chapter

Health Savings Accounts & High Deductible Health Plans - Tips for Success
June 27, 2017 WEBCAST
Worldwide Employee Benefits Network [WEB] - Dallas Chapter

Win New Clients Using Point-of-Sale Plan Design
August 16, 2017 WEBCAST
ASPPA [American Society of Pension Professionals & Actuaries]

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[Guidance Overview]

Dairy Consortium Members with Genuine Organizational Relationship Can Have MEWA, Says DOL
"A health plan that is to be established by a consortium of dairy farm employers in order to provide benefits for their employees would be an employee welfare benefit plan as defined by ERISA, according to [Advisory Opinion 2017-02AC]... EBSA explained that the plan fits ERISA's requirement that it be maintained by a group or association of employers, because the consortium's structure appears to match the necessary definition. The EBSA added that the plan would be a multiple employer welfare arrangement (MEWA)."
Wolters Kluwer Law & Business


Online Learning Course: HSA and HRA Basics

Sponsored by International Foundation of Employee Benefit Plans [IFEBP]

The requirements under HRA and HSA programs can differ greatly from an HCFSA program and from each other. This e-learning course will provide an in-depth look at HSA and HRA programs as well as how these programs interact with an HCFSA.

[Guidance Overview]

PCORI Filing Due to IRS by July 31 (PDF)
"For self-funded plans, the employer/plan sponsor will be responsible for submitting the fee and accompanying paperwork to the IRS. Third-party reporting and payment of the fee is not permitted for self-funded plans. The process for remitting payment by sponsors of self-funded plans is described in more detail [in this article]."

[Guidance Overview]

New York Issues Updated Regs to Paid Family Leave Benefits Law (PDF)
"While the Updated Regulations remove the terms 'full-time employee' and 'part-time employee,' they otherwise maintain the concepts.... The Updated Regulations clarify that the optional waiver, whereby employees may elect to not provide weekly contributions, is available for an employee whose regular work schedule never achieves 26 weeks or 175 days in a 52-consecutive-week period ... The Updated Regulations clarify that if an employee is eligible for leave under both the federal FMLA and the PFLBL, but the employee declines to apply for PFL payments under the law, employers may still designate the leave as both FMLA and PFL."
Epstein Becker Green

[Guidance Overview]

Is Your California Public Agency Aware of These Lesser-Known Job-Protected Leaves?
"Many public agencies are familiar with the well-known reasons why an employee can take time off of work, such as for paid sick leave, family and medical leave, disability or industrial injury leave, and jury duty leave. However, in California, there are a few 'lesser-known' leaves that often get overlooked. These leaves include School Activities Leave; Leave for Victims of Domestic Violence, Sexual Assault and Stalking; and Leave to Perform Emergency Duties or Attend Related Training."
Liebert Cassidy Whitmore

Fiduciary Responsibilities -- and Potential Liabilities -- Extend to Health Plans
"[H]ealth plans in particular are ... ripe for fiduciary liability, mainly arising from well-recognized waste in the system.... Key action-items can include: [1] Incentivizing wise decisions about health care consumption through consumer-driven models such as the HDHP/HSA.... [2] Considering the pros and cons of a self-insured group health plan.... [3] Documenting the plan accurately and in accordance with ERISA."
Poyner Spruill LLP


2017 Health Savings Accounts Facts

Sponsored by The National Underwriter Company

Turn to the new 2017 Health Savings Accounts Facts to obtain vital HSA questions and answers right at your fingertips. Use code BENLINK for 10% discount.

Decoding Network Disruption
"One of the most critical factors an employer considers when deciding to change medical (or dental) carriers is network disruption. Improvement or deterioration in the network penetration rate can have a profound impact on the underpinnings of the program.... Disruption analyses are conducted by extracting the prior 12 month utilization of providers ... then comparing the resulting in-network rates (in terms of visits and claims dollars) to the competing carrier networks. But when reviewing these results be careful -- the devil is often in the details."
Frenkel Benefits

Outcry Over EpiPen Prices Hasn't Made Them Lower
"You might recall EpiPen as last year's poster child for out-of-control drug prices. Though this simple medical device contains only about $1 of the drug epinephrine, the company that sells it, Mylan, earned the public's enmity and lawmakers' scrutiny after ratcheting up prices to $609 a box.... The company has an effective monopoly on a lifesaving product, which has allowed its leaders to see public outrage as a tax they must pay, and then move on.... [R]evenue has skyrocketed, hitting $11 billion last year. The firm is a case study in the limits of what consumer and employee activism, as well as government oversight, can achieve."
The New York Times; subscription may be required

How and Why to Avoid High-Risk Pools for Americans with Preexisting Conditions
"[P]eople with preexisting conditions constitute roughly 51 percent of Americans. [This article will] explore who might end up in a high-risk pool, what their experiences might be, and policymakers' alternative options for stabilizing the marketplaces."
The Commonwealth Fund


ERIC Comment Letter to Arizona Industrial Commission Regarding Proposed Rulemaking on Paid Sick Leave (PDF)
"ERIC respectfully requests that the Proposed Amendments to Article 12 be modified to allow for ... mandating carryover only in instances where the employer does not frontload sick leave. This alternative serves the underlying purpose of the Act, but does so in a way that provides optimum benefits to the employee without burdening employers.... [T]he Proposed Amendments must make clear the types of policies that are covered (e.g. unlimited paid sick leave, unlimited PTO, universal PTO banks, etc.), and whether employers with sufficient policies are exempt from the Act and relevant aspects of Article 12 or whether the exemption is simply applicable to the leave afforded to each employee."
The ERISA Industry Committee [ERIC]

Benefits in General

Guarding Benefit Plans from Cyberattacks
"[P]lan sponsors [should] take the following protective actions: [1] Develop and implement a framework for addressing cybersecurity issues. [2] Address third-party vendor vulnerabilities that could add risk, especially with regard to the electronic transfer of sensitive data to third parties. [3] Back up sensitive data and store it off-network so that it is segregated. [4] Augment passwords with multifactor authentication to access data systems. [5] Increase investment in security software and systems, and get boards of directors more involved in security matters. [6] Consider purchasing cyberliability insurance."
Society for Human Resource Management [SHRM]

Executive Compensation
and Nonqualified Plans

How Do I Count My Performance Share Awards? Let Me Count the Ways
"[T]here are 16 different purposes for which a company must count its performance share awards, some of which are the same, but many of which are different. When a company or compensation committee awards performance shares or performance share units, the number of shares delivered to the participant generally depends upon the degree of satisfaction of the performance goals set forth in the award agreement."
Winston & Strawn LLP

Discussions on
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BenefitsLink invites you to register as a user of the message boards, so that you can help your colleagues and show off your expertise by posting a reply to someone's question, or by posting your own question. Each of your posts can include a hypertext link to your firm in the 'signature' line -- or you can even post a message anonymously by using a 'handle' rather than your real name. Registration is easy and it's free! Here are step-by-step instructions, with screen shots.
BenefitsLink Message Boards

Press Releases

PlanCheckr, LLC is Certified for Investment Support Services
Centre for Fiduciary Excellence [CEFEX]

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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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