Health & Welfare Plans Newsletter

May 6, 2019

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Defined Contribution Administrator
TPA firm in Phoenix, AZ
in Phoenix AZ

Institutional Retirement Consultant
Unified Trust Company, N.A.
in AR / KS / LA / MO / NE / NM / OK / TX

Director, Corporate Development (Mergers & Acquisitions)
Ascensus
in Dresher PA

Defined Benefits Analyst
Retirement Planning Services
Telecommute

Operations Specialist
Goldleaf Partners
in Minneapolis MN / Baxter MN / Telecommute

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[Guidance Overview]

Minnesota Court of Appeals Lifts Injunction That Limited Minneapolis Sick and Safe Time Ordinance to Employers Within City

"Although an appeal to the Minnesota Supreme Court may be pursued by the chamber within the next 30 days, the Minneapolis safe and sick time ordinance now may be applied to any employee who works at least 80 hours in a year within the city, regardless of whether the employer has a physical presence there."
Ogletree Deakins

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[Guidance Overview]

The Battle over the Minneapolis Sick and Safe Time Ordinance Continues: Court Holds the Law Applies to Employers Outside City Limits

"For now, the injunction limiting the SST Ordinance to employers that have facilities in Minneapolis remains in place. But it could be dissolved in as little as 30 days. If that happens, or if the Minnesota Supreme Court accepts the appeal and agrees that the SST Ordinance applies to employers that have employees but no facilities in the City, such employers will need to quickly come into compliance."
Littler

Small Businesses Health Insurance: Costs, Trends and Insights 2018 (PDF)

17 presentation slides. "In 2018, the average monthly premium for groups with 5 or fewer employees was $419 per covered person; the average monthly premium for groups with 6 to 29 employees was $364 per covered person, or 13 percent less.... The average individual deductible for small business plans increased 14 percent between 2017 ($2,754) and 2018 ($3,140).... In 2018, the average premium per-person under a small business plan was 7 percent lower than the average premium for an individual plan ($409 vs. $440)."
eHealth

First Circuit Allows Challenge to ACA Contraceptives Rules to Proceed

"The First Circuit has allowed a challenge by Massachusetts to Trump Administration final regulations under the ACA's contraceptives mandate to proceed ... The court concluded that Massachusetts has standing to challenge the regulations, which were finalized in November 2018." [Massachusetts v. HHS, No. 18-1514 (1st Cir. May 2, 2019)]
Thomson Reuters Practical Law

Benefits in General

Editor's Pick The Importance of Retaining and Protecting Employee Benefit Plan Records (PDF)

32 pages. "This advisory describes ERISA and DOL record retention requirements, protecting personally identifiable information, the effect of inadequate records on audit scope and testing and the auditor's report, and the implications to the plan administrator for failure to properly retain records. The advisory also provides suggestions for best practices for record retention and data protection and additional resources."
American Institute of Certified Public Accountants [AICPA]

CalSavers and ERISA: An Analysis of Howard Jarvis Taxpayers Association v. the California Secure Choice Retirement Savings Program (PDF)

"The district court's ultimate substantive conclusion -- California's private sector retirement savings program survives ERISA preemption challenge -- is convincing. However, the court's underlying analysis is unpersuasive in important respects. The better reading of the DOL regulation is that CalSavers is an IRA payroll deposit arrangement. Thus, CalSavers qualifies for the regulatory safe harbor and is not an employee benefit plan governed by ERISA.... The district court's decision confirms [Gobeille v. Liberty Mutual Ins. Co.] as an important watershed in the U.S. Supreme Court's ERISA preemption case law." [Howard Jarvis Taxpayers Assoc. v. The California Secure Choice Ret. Savings Prog. (CalSavers), No. 18-1584 (E.D. Cal. Mar. 28, 2019)]
Prof. Edward Zelinsky, via New York University Review of Employee Benefits and Executive Compensation

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BenefitsLink Health & Welfare Plans Newsletter, ISSN no. 1536-9595. Copyright 2019 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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