Health & Welfare Plans Newsletter

November 16, 2017 logo logo
Get Retirement News | Advertise | Unsubscribe | Previous Issues | Search


Pension Consultant
Spectra Associates, Inc.
in PA

Systems & Services Analyst - Temporary
in NY

Retirement and ESOP Account Administrator
Alerus Financial
in MI, MN, NH

Retirement Plan Administrator
Professional Capital Services
in PA

Pension and Annuity Analyst
Long Island Based [Queens Border] Union Benefit Plan
in NY

Defined Benefit Plan Consultant
The Pension Studio

ERISA Compliance Associate
Slevin & Hart, P.C.
in DC

►See 159 Jobs

►Post a Job

Webcasts, Conferences

Annual Employee Benefits Update
December 6, 2017 in IL
Worldwide Employee Benefits Network [WEB] - Chicago Downtown Chapter

Legislative Update
December 7, 2017 in IL
Worldwide Employee Benefits Network [WEB] - Chicago West Chapter

WEB and CMBA Joint Year-End Legal & Regulatory Update
December 14, 2017 in OH
Worldwide Employee Benefits Network [WEB] - Cleveland Chapter

ACA Repeal and Replace - Where to Go From Here
December 19, 2017 WEBCAST
Lorman Education Services

3rd Annual Ascend Education Conference
September 24, 2018 in DC

►See 91 Upcoming Webcasts and Conferences

►See 1346 Recorded Webcasts


New Topics on the BenefitsLink Message Boards

New Comments and Topics

All Topics, Grouped by Forum

Subscribe Now to This Newsletter (free)

We also publish the BenefitsLink Retirement Plans Newsletter (free): Subscribe Now

[Guidance Overview]

Massachusetts Proposes Regs for Employer Tax Assessments to Help Offset State Costs
"Beginning with the first quarter of 2018, employer medical assistance contributions (EMAC) included in unemployment insurance payments will increase from a maximum of $51 per employee to $77 per employee. In addition, a new $750 supplemental employer assessment will apply for each non-disabled employee who declines employer-sponsored health insurance and instead enrolls in MassHealth or buys coverage on Massachusetts' health insurance marketplace for a continuous period of at least 14 days."


Join EBRI's December 14 Policy Forum!

Sponsored by Employee Benefit Research Institute [EBRI]

Learn about recent EBRI research and hear perspectives on the latest retirement, health, and financial wellbeing research and policy developments from expert panelists. Learn more and register here (attendance is free of charge).

[Guidance Overview]

San Francisco Issues New Health Care Security Ordinance Waiver Form
"The new rules require that all of the following conditions be satisfied for the waiver to be valid: [1] The exact Employee Voluntary Waiver Form must be used. Employers may not change the form in any way, and no other form qualifies.... [2] The employee must voluntarily complete the form without any pressure or coercion from the employee's coworkers or the employer (including supervisor, manager, agents, etc.). [3] The employee must complete the section of the form stating how the employee is covered under another employer-sponsored group health plan (e.g., spouse, domestic partner, parent)."
ABD Insurance & Financial Services

ACA Risk Corridors Update: Administration Releases 2016 Amounts, Paving the Way for Litigation Over Amounts Owed
"CMS's [Nov. 15] announcement makes obvious that HHS is still woefully short on these payments, stating that 'HHS will use 2016 benefit year Risk Corridors collections to make additional payments toward 2014 benefit year payment balances.' ... [T]he announcement enhances the chances that the appeals court will reach a decision on the merits. Although the briefing for the appeal is now compete, the parties are still waiting for a date for oral argument, and the court is not likely to issue a decision until well into next year."
Faegre Baker Daniels

Fourth Circuit Affirms Health Care Fraud Convictions for Billing Insurers for Medically Unnecessary Services
"Generally, where patients were uninsured, the defendants would use the cheaper test, but where patients were insured, the defendants would use the more expensive test.... Defendants impliedly argued that because they billed for services actually rendered, and told the payors which services were rendered, no fraud occurred. The Fourth Circuit rejected defendants' arguments ... Although this case involved a criminal conviction for fraudulently billing private insurers, the facts potentially apply equally to civil actions and disputes involving other payors, including ERISA Plans." [U.S. v. Palin, No. 16-4522 (4th Cir. Oct. 30, 2017)]
Seyfarth Shaw LLP

Embedded Deductibles and Out-of-Pocket Maximums Can Present Compliance Challenges
"Embedded [out-of-pocket maximums (OOPMs)] work the same way as embedded deductibles. However, unlike embedded deductibles, embedded OOPMs are required [by the Affordable Care Act].... HDHPs have a separate maximum on the family OOPM. This means HDHPs must have an overall family OOPM that is the lesser of the HDHP OOPM ($13,300 for 2018) or the HHS-required family OOPM ($14,700 for 2018)."
HUB International


This is a critical time for employer-sponsored benefit plans.

Sponsored by American Benefits Council

From education to advocacy, the American Benefits Council offers the resources you need to stay informed and make a difference in the policy debate. Just in time, to celebrate our 50th anniversary, special membership opportunities are now available.

California Fines Anthem $5 Million for Failing to Address Consumer Grievances
"The state Department of Managed Health Care criticized Anthem, the nation's second-largest health insurer, for systemic violations and a long history of flouting the law in regard to consumer complaints.... Before this latest action, California had already fined Anthem more than $6 million collectively for grievance-system violations since 2002."
Kaiser Health News

Benefits in General

JCT Correction to the Description of the Chairman's Modification to the Chairman's Mark of the Tax Cuts and Jobs Act
"As previously published [on Nov. 14], the description of the modification to the Chairman's mark contained a misprint of certain calculations in the rate tables. Printed [in this document] is the correct table. [JCT has] highlighted those numbers that have been corrected from the prior version."
Joint Committee on Taxation [JCT], U.S. Congress

Executive Compensation
and Nonqualified Plans

Should You Make Your Annual Incentive Bonuses Deductible in 2017?
"A potential sticking point for many companies is that they require their employees to be employed on the day bonuses are paid, usually in March 2018. Ordinarily, that requirement would cause the bonus program to fail the 'all events test' under Code Section 461 and, consequently, prevent deduction in 2017. However, there are other methods of satisfying the 'all events test' to allow a company to deduct in 2017, employee bonuses paid in 2018."
Winston & Strawn LLP

2017 End of Year Plan Sponsor 'To Do' List, Part 3: Executive Comp
"Last chance to correct certain Section 409A document failures discovered in 2017 ... Nonqualified deferred compensation deferral elections should be made on or before December 31, 2017 ... Consider shareholder reapproval of Section 162(m) performance compensation plans approved in 2013 ... Review whether your equity-based compensation plan has sufficient shares remaining for 2018 awards ... Consider adding separate annual limits on director equity awards ... Section 6039 information statements due by January 31, 2018 ... Consider revising stock-based incentive programs in response to FASB's new approach to share-based withholding."
Snell & Wilmer

on the BenefitsLink Message Boards

Applying a Document's Provision for Termination Upon Acquisition of the Plan Sponsor
Employer A merges with employer B. Employer B gives stock in B to A in exchange for all of the stock in A. (I would say this is treated like a stock sale.) Employer A never terminated its plan. A wants to terminate its plan so the owner can do a rollover. Typically since B now owns the stock in A it would decide what to do with A's Plan. But our plan document says that if the employer is acquired and the new employer doesn't continue the plan then the plan terminates automatically. B would eventually want to start a new plan (maybe next year) but they haven't yet done so, leaving A's plan alone for the moment. Can the owners of A rely on that provision in their plan to pay their plan out rather than be forced to merge it with B's future Plan or relinquish control of its plan to B?
BenefitsLink Message Boards

Press Releases

Connect   LinkedIn logo   Twitter logo   Facebook logo, Inc.
1298 Minnesota Avenue, Suite H
Winter Park, Florida 32789
(407) 644-4146

Lois Baker, J.D., President
David Rhett Baker, J.D., Editor and Publisher
Holly Horton, Business Manager

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.

Links to web sites other than and are offered as a service to our readers; we were not involved in their production and are not responsible for their content.

Unsubscribe | Privacy Policy