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[Guidance Overview]
Maryland Adopts Paid Sick and Safe Leave Law
"The Healthy Working Families Act does not require an employer to modify an existing paid leave policy, provided that the policy allows employees to accrue and use leave under terms and conditions that are at least equivalent to the leave provided by the legislation.... Employers have a very limited right to request verification that the leave is being used for an intended purpose.... Employees must be given notice of their entitlement to leave and of the legislation's provisions, including its anti-retaliation provisions and complaint mechanisms."
McGuireWoods
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Why Investing in an HSA Is Not the Same as a 401(k) (PDF)
14 pages. "The HSA market has grown rapidly since its inception in 2004, garnering comparisons to the early 401(k) market which has exceeded $5 trillion in assets ... While the two accounts are often compared at a high level, [this whitepaper takes] an in-depth look at the benefits and limitations of each account highlighting three reasons investing in an HSA is more nuanced than its 401(k) counterpart."
Devenir
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The CHIP Extension: Potential Impacts for Employers
"Increased costs and reduced eligibility in CHIP will force families utilizing this coverage to re-evaluate their options as the program adjusts to these changes.... Employers could see an increase in the number of children covered on their plans as impacted families look for alternative coverage options."
Hill, Chesson & Woody
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ACA Cadillac Tax Delayed by Two More Years
"The Cadillac Tax was originally intended to go into effect in 2018, but President Obama delayed the effective date until 2020. The Act now delays the Cadillac Tax until 2022. The Act also affects implementation of two other ACA taxes: the medical device tax has been delayed until 2020; and while the Health Insurance Tax will be collected this year, it will be suspended during 2019 and then come back in 2020."
Morgan Lewis
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As States Target High Drug Prices, Pharma Targets State Lawmakers
"With federal officials seemingly unwilling or unable to come up with legislation to control skyrocketing drug prices, that task is increasingly moving to the states. But so is pharma muscle and money opposing the measures ... [The Pharmaceutical Research and Manufacturers of America (PhRMA)] set the stage in 2016 by establishing a group that ultimately spent $110 million to defeat a high-profile California ballot initiative requiring state agencies to pay no more for drugs than does the federal Department of Veterans Affairs. A PhRMA-linked group spent more than $50 million to defeat a similar ballot measure last year in Ohio."
Kaiser Health News
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Estee Lauder Launches Student Loan Contribution Benefit
"The New York City-based conglomerate ... partnered with student loan payback platform Tuition.io to administer a monthly $100 contribution to an employee's student loans. The contribution caps at $10,000."
Employee Benefit News
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Benefits in General
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Steps for Making Employee Benefits a Year-Round Conversation
"Find the resources to help you create and deploy your communications. As you develop your communications, keep the these things in mind: Stick with one or two topics for each communication (unless you're doing a newsletter); keep your content short (use bullet points where you can) and engaging -- let employees know what's in it for them up front and early on; avoid attaching files to emails; and if you can use short videos to communicate information, do it."
Willis Towers Watson
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Executive Compensation
and Nonqualified Plans
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Delaware Court Case May Have Far Reaching Effects on Director Compensation
"According to the Court's decision, the presence or absence of [prescribed annual] limits will determine whether director compensation is reviewed by Delaware courts under the business-friendly 'business judgment rule' or the more stringent 'entire fairness' standard if the compensation is challenged in a shareholder suit. Beyond the applicable legal standard of review, the Court's decision may increase the prevalence of 'strike' suits against public companies challenging director compensation." [In re Investors Bancorp, Inc. Stockholder Litigation, No. 169, 2017 (Del. Dec. 19, 2017)]
Meridian Compensation Partners, LLC
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Selected Discussions
on the BenefitsLink Message Boards
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Overpayment of Dependent Care FSA Reimbursement Claim
We have made payments to an employee on her dependent care FSA claims in error as her account was not funded to cover them. She is now leaving the organization. Can we recoup the funds paid in error from her last paycheck (as she has requested)?
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BenefitsLink.com, Inc.
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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 2018 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 those materials. You may not alter or remove any trademark, copyright or other notices from copies of the content.
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