Health & Welfare Plans Newsletter

September 21, 2020

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Webcasts, Conferences

Artificial Intelligence in Human Resources - Solutions to Support an Evolving Workforce
October 1, 2020 WEBCAST
Worldwide Employee Benefits Network [WEB] - Baltimore Chapter

Cost Benefits Using Authorized Generics in Your Pharmacy Plan Design
October 5, 2020 WEBCAST
Midwest Business Group on Health

Overview of Disability Plans
November 12, 2020 WEBCAST
Lorman Education Services

ACA Reporting: Changes for 2020 and the Impact of COVID-19
November 18, 2020 WEBCAST
ISCEBS [International Society of Certified Employee Benefit Specialists]

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[Guidance Overview]

Exceptional Usefulness and Quality and Usefulness iconKey Decision Points in ACA Reporting Vendor Setup Questionnaires, Part 3: The Measurement, Administrative, and Stability Periods

"Although the look-back measurement method (LBMM) in its most granular details is likely the most complex compliance aspect of employer-sponsored group health plans, the basics of the LBMM are quite simple: Employees' status as full-time or part-time is generally kept stable for the current stability period (typically the plan year) based on the prior-year measurement period." Icon to read more

ABD Insurance & Financial Services

[Guidance Overview]

Upcoming Deadline iconAccrual and Recordkeeping Requirements Under New York State Sick Leave Law Take Effect on September 30

"[A]ll employees in New York State will be entitled to between 40 and 56 hours of annual sick leave.... For employers choosing to allow employees to accrue sick leave based on time worked, accrued sick leave must be tracked as of September 30. But, because employees cannot use the accrued time before January 1, 2021, employers must permit employees to carry their 2020 accruals into the new year." Icon to read more

Davis Wright Tremaine LLP

[Guidance Overview]

Upcoming Deadline iconPhiladelphia Pandemic Laws Require Additional Paid Leave for Employees and Gig Workers

"Philadelphia, Pennsylvania Mayor Phil Kenney signed ... an amendment to the city's generally applicable paid sick and safe time law ... [which] requires new public health emergency leave for employees, gig workers, and others who do not receive leave under the federal [FFCRA]. The emergency leave requirements take effect immediately, but generally will expire on December 31, 2020....[Effective on September 9, an additional amendment requires] compensation and medical care or reimbursement for certain healthcare employees who contract a disease during a declared pandemic or epidemic." Icon to read more

Littler

[Guidance Overview]

Updated FFCRA Regs Limit Scope of Healthcare Providers Exemption, Modify Notice Requirement, and Reaffirm Other Aspects of Prior Regs

"Employers should now follow a two-step process when responding to employees' notices of the need for leave under the EFMLEA: first, they must determine whether the request is for intermittent leave (as opposed to several discrete days of leave) under applicable guidance; and second, if it is such a request, they may engage in a dialogue with the employee to see if alternative work arrangements are feasible." Icon to read more

Davis Wright Tremaine LLP

[Guidance Overview]

Upcoming Deadline iconNew California Law Significantly Expands Employee Entitlement to Family and Medical Leave

"California employers with as few as five employees must provide family and medical leave rights to their employees under a new law signed by Governor Gavin Newsom on September 17, 2020. The new law significantly expands the state's existing family and medical leave entitlements and goes into effect on January 1, 2021." Icon to read more

Jackson Lewis P.C.

Managing Intermittent FMLA Leave to Support Your Manufacturing Operations

"[1] Develop comprehensive FMLA policies, procedures, and forms.... [2] Carefully review and follow up all medical certifications.... [3] Require employees to work with you to schedule planned medical treatments during non-working, or less disruptive, hours.... [4] Consistently maintain and enforce call-in procedures.... [5] Exercise the right to recertify." Icon to read more

Jackson Lewis P.C.

Exceptional Usefulness and Quality iconTracking Telehealth Changes State-by-State in Response to COVID-19

Updated Sep. 18, 2020. "As states and federal agencies continue to combat the COVID-19 pandemic, they are also beginning to develop and implement permanent telehealth policy changes in order to continue to expand access to telehealth services beyond the pandemic period. [A set of charts describes current and proposed] state and federal guidance, regulations, and legislation." Icon to read more

Manatt, Phelps & Phillips, LLP

Benefits in General

[Official Guidance]

Text of EBSA Request for Nominations to Advisory Council on Employee Welfare and Pension Benefit Plans

"The terms of five Council members expire at the end of this year. The groups or fields they represent are as follows: [1] employee organizations; [2] employers; [3] the general public; [4] corporate trust; and [5] investment management.... [S]ubmit nominations to Christine Donahue, Council Executive Secretary ... Nominations must be received on or before [45 days after publication in the Federal Register, currently scheduled for Sep. 22, 2020]." Icon to read more

Employee Benefits Security Administration [EBSA], U.S. Department of Labor [DOL]

Pandemic Sharpens Focus on Employee Financial Wellness

"To gauge how well employees are utilizing their benefits, plan sponsors can ask their administrators to answer [specific] questions ... If the data shows employees aren't taking full advantage of the financial features of their benefits, additional employee education and communication may be in order." Icon to read more

Strategic Benefits Advisors

Selected Discussions
on the BenefitsLink Message Boards

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Health FSA and OTC under CARES Act

"Prop. Reg. 1.125-5(k)(2) provides that a plan can be designed to cover less than 213(d). But it dates back to 2009 (pre-ACA). Now that the CARES Act eliminated the prescription requirement for OTC, can a Health FSA not be amended and remain covering only OTC with prescription under 1.125-5(k)(2)?" Icon to read more

BenefitsLink Message Boards

VEBA of Tax-Exempt Entity: Separate Accounts Required for Key Employees?

"Would everyone agree that, in the case of a VEBA maintained by a tax-exempt entity, 419A(d) does not require the entity to establish separate accounts for key employees? Because 419A(d)(1) states that it applies to the first taxable year for which a reserve is taken into account under 419A(c)(2), I assume that no separate accounts would be required. Obviously, these employers aren't concerned with the general deduction limitations of 419 and 419A. However, I want to make sure these amounts don't need to be taken into account for 415(c) purposes under 419A(d)(2) and that no excise tax is triggered under 4976(b)(1)(A)." Icon to read more

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Press Releases

Most Popular Items in the Previous Issue

Converting PTO Funds to Student Loan Relief Is a Timely Benefit
Society for Human Resource Management [SHRM]; membership may be required to view article

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BenefitsLink Health & Welfare Plans Newsletter, ISSN no. 1536-9595. Copyright 2020 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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