Health & Welfare Plans Newsletter

June 29, 2017 logo logo
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Employee Benefits Jobs

Webcasts and Conferences

Rules for Wellness Plan Incentives
Clear Law Institute

What IT Service Providers Need to Know About HIPAA
June 29, 2017 WEBCAST
Womble Carlyle

Evaluating and Creating Requests for Information and Requests for Proposals (RFP)
July 11, 2017 WEBCAST
Online Compliance Panel

2017 ECFC Annual Symposium
August 2, 2017 in MO
Employers Council on Flexible Compensation

EPCRS Part II - Correction Tips and Tricks
August 3, 2017 WEBCAST

Form 5500 Workshop
September 14, 2017 in WA
FIS Relius Education

ERISA Workshop
September 15, 2017 in WA
FIS Relius Education

36th Annual ISCEBS Employee Benefits Symposium
September 17, 2017 in CO
ISCEBS [International Society of Certified Employee Benefit Specialists]

View All Webcasts and Conferences

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New Comments and Topics

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[Guidance Overview]

July 31 PCORI Filing Deadline Is Quickly Approaching
"The PCORI fee generally applies only to major medical plans and health reimbursement arrangement (HRAs).... However, the PCORI rules provide an exception to the fee requirement for an HRA where it is offered along with a self-insured major medical plan that has the same plan year as the HRA. This avoids the need to pay the PCORI fee for both the HRA and the self-insured major medical plan (i.e., each person covered by both plans is counted only once for purposes of determining the PCORI fee). There is no exception from the PCORI fee for an HRA offered along with fully insured major medical coverage."
ABD Insurance & Financial Services


Join EBRI on July 12 to hear the latest on HSA plans!

Sponsored by Employee Benefit Research Institute [EBRI]

Hear perspectives from expert panelists, and learn about the latest EBRI and other research on health savings accounts (HSAs) and HSA-eligible health plans. Learn more and register here for the July 12 Policy Forum (attendance is free of charge).

[Guidance Overview]

A Detailed Description of New York State Paid Family Leave (PDF)
11 pages. "On June 1, 2017, the NYS Department of Financial Services announced that the weekly employee deduction rate would be a percent of salary. The payroll deduction paid by an employee will depend on how much an employee earns ... Employers may be able to continue to deduct the employee contribution when an employee is receiving benefits ... Eligibility is redefined in the revised proposed regulations ... Employees with multiple covered employers are not required to take PFL from each covered employer during a single period of PFL."
Arthur J. Gallagher & Co.

[Guidance Overview]

Guide for the Illinois Employee Sick Leave Act (PDF)
"The Illinois Employee Sick Leave Act does not require employers to provide sick leave to their employees. It does mandate for employers who do offer a sick leave policy to allow employees to take such leave for absences due to the illness, injury, or medical appointment of the employee's child, step-child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, stepparent or domestic partner. There is very little difference between the Cook County Paid Sick Leave Law and the Chicago Paid Sick Leave Ordinance."
Arthur J. Gallagher & Co.

[Guidance Overview]

Arizona Agency Issues Supplemental Draft Regulations on Paid Sick Leave
"The biggest developments are for employers who frontload paid sick time (PST) or equivalent paid time off (PTO) for the same purpose and under the same conditions as PST. Employers who frontload PST are allowed to prorate the annual PST frontloaded amount if it meets or exceeds the employer's 'reasonable projection' of the amount of PST the employee would earn in the rest of that year at the statutorily required rate of 1 hour PST accrued for every 30 worked.... If the employer's reasonable projection turns out to be off, the employer is afforded the opportunity to (and must) true up the accrual."
Ogletree Deakins

Are You Offering Your Employees Enough Medical Plan Choices?
"Make sure to pay attention to the relative values of the plans you're offering so they represent true choice from a financial perspective. It's possible that you could be offering 3 plans -- a good number for most employers -- with different design features such as deductibles and copays, but they may have similar relative values and thus do not present true choice to the employee."
Fidelity Health Marketplace


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.

Better Care Reconciliation Act: Key Takeaways for Employers and Plan Sponsors
"[If] either the AHCA's 30% surcharge or the BCRA's 6-month waiting period becomes law, it is likely that plan sponsors will be required to provide notices similar to the certificates of creditable coverage required in the pre-ACA era.... Although the individual and employer mandates would be repealed, it is likely that the ACA reporting obligations (Forms 1094-B/C and 1095-B/C) would remain in place, at least in some forms."
Proskauer's ERISA Practice Center


The Real Debate: Single Payer vs. ACA/AHCA/BCRA
"The Democratic and Republican politicians are quibbling over details of a dysfunctional, fragmented, inequitable health care financing system that costs too much and delivers too little. Now, more than ever before, the nation is realizing that the other real option is, instead, a single payer national health program -- an improved Medicare for all."
Physicians for a National Health Program [PNHP]


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For over 20 years, we've helped employers find the best-informed candidates to fill their benefits job openings -- learn more!

Benefits in General

2017 Guide to Reporting and Disclosure for Employee Benefit Plans (PDF)
72 pages. "The Guide is intended to be useful in [1] identifying forms to be filed and distributed annually; [2] developing controls for compliance, including an internal calendar for reporting and disclosure; [3] determining and coordinating reporting and disclosure responsibilities for plan sponsors, their actuaries, attorneys, and accountants; [4] identifying special reporting and disclosure requirements for plan implementation, amendment, termination, etc.; [5] evaluating administrative considerations in establishing a new or supplemental plan; [6] advising on responsibility for compliance with reporting and disclosure rules."

Proving Loss Causation in Breach of Fiduciary Claims: The Circuit Split Widens (PDF)
"[M]ost circuit courts of appeals agree that ERISA requires that causation between the alleged breach and the claimed loss must be established before any liability may be imposed upon a breaching fiduciary. The courts are split, however, as to whether an ERISA plaintiff or the defendant-fiduciary bears the burden of proving the causal link between breach and loss. In other words, does the burden compose an element of the claim and thus fall upon the plaintiff, or does the burden constitute an affirmative defense and thus fall upon the defendant-fiduciary?"
Jackson Lewis P.C., via Bloomberg BNA Pension & Benefits Daily

Understanding How Health Care Costs Can Impact Your Retirement Readiness (PDF)
13 pages. "Medicare data put spending per capita at age 70 at about $7,566, increasing at 80 to $11,618 and more than doubling from ages 70 to 96 to $16,145.... 77 percent of baby boomers and 75 percent of retirees have never estimated the amount of health care expenses they expect to incur throughout retirement.... This lack of preparedness is exacerbated by expectations that national health care spending will grow by 5.8 percent on an average annual rate basis from 2012 to 2022."
Voya Financial

Executive Compensation
and Nonqualified Plans

CEO Pay Packages See Largest Increase Since 2013
"The healthcare sector reported the largest CEO pay packages in 2016 at a median $13.3 million. Median value of stock awards climbed more than 9% between 2015 and 2016, and 43% since 2012. On average, CEOs received about 32% of total reported compensation in cash, 65% in equity and 3% in other compensation in 2016."
Meridian Compensation Partners, LLC

Discussions on
the BenefitsLink Message Boards

241 Free Webcasts on Health and Other Welfare Benefit Plans! Online Directory Upgraded
"The BenefitsLink elves have been busy lately, cobbling together an improved version of our online directory of webcasts and conferences for employee benefits practitioners. The directory shows upcoming webcasts and conferences from many different firms, and shows hundreds of recorded webcasts available for immediate viewing."
BenefitsLink Message Boards

Press Releases

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David Rhett Baker, J.D., Editor and Publisher
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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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