Health & Welfare Plans Newsletter

October 21, 2020

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View job as 401(k) Retirement Plan Consultant for Planned Retirement Consultants & Administrators, LLC 401(k) Retirement Plan Consultant

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Alvarez & Marsal
Telecommute / Greenwood Village CO

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[Official Guidance]

Text of New York State Paid Sick Leave FAQ (PDF)

7 pages of Q&As covering [1] Definitions; [2] Accruals; [3] Permitted uses; [4] Who is eligible; [5] Leave increments; [6] Rate of pay; [7] Alternative accrual system; [8] Collective bargaining agreements; [9] Other leave laws; and [10] Employee rights & protections. Icon to read more

New York State Department of Labor

[Guidance Overview]

New York Launches Paid Sick Leave Website with Long-Awaited Answers to FAQs

"[The] FAQ document provides some helpful guidance but leaves employers with much more to be desired and several unanswered questions. At this point it is unclear whether the FAQ document is to be the only clarifying reference for employers or whether the state will release additional guidance." Icon to read more

Goldberg Segalla

[Guidance Overview]

The 2020 Hits Keep Coming: Sacramento County’s New Sick Leave

"The Sacramento Board of Supervisors has joined many other California locales, including Los Angeles City and County, San Francisco, Oakland, and San Jose, in requiring employers to provide COVID-related paid sick leave. On top of required paid sick leave for designated reasons, the Ordinance contains numerous other employer obligations, such as vigorous cleaning protocols and an employee's right to refuse to work.... The law went into effect October 1, 2020, and requires compliance starting on October 16, 2020." Icon to read more

Seyfarth

[Guidance Overview]

ACA Reporting During the COVID-19 Pandemic

"[If] an employee who is subject to the Form W-2 safe harbor experiences a reduction in hours, but must continue to pay the same employee contribution each month, the coverage may no longer be affordable when compared to the employee's annual Form W-2 earnings.... Because [FFCRA's] PHEL and EPSL are types of paid leave, while an employee is on PHEL or EPSL, that individual's hours will continue to count for ACA purposes.... Employers with employees subject to the lookback method should consider how a reduction in hours impacts an employee, considered to be full-time pursuant to a stability period, who decides to discontinue coverage." Icon to read more

Gallagher

[Guidance Overview]

IRS Releases 2020 ACA Reporting Forms and Instructions

"A new code G must be entered on Form 1095-B, line 8 ... to identify an individual coverage health reimbursement arrangement (ICHRA).... [T]he Form 1095-C has been modified to include several changes for 2020 reporting ... The 'Employee's Age as of January 1' is a new required field.... There is a new Line 17 in Part II of the Form 1095-C to enter the zip code used by the employer for determining affordability of an ICHRA if one was offered to the employee." Icon to read more

Burnham Benefits

Supreme Court's Decision in Arkansas Preemption Case May Have Significant Effect on ERISA Plans

"Rutledge v. PCMA ... will rock the employee benefits world in the years ahead ... for two reasons: [1] It has the potential to exponentially increase or hinder state-level action intended to lower the price of prescription drugs. [2] It could dramatically change legal precedent about the scope of ERISA's preemption of state-level regulatory authority." [Rutledge v. Pharmaceutical Care Mgmt. Assoc., Nos. 17-1609 and 17-1629 (8th Cir. Jun. 8, 2018; oral arg. Oct. 6, 2020)] Icon to read more

MZQ Consulting, LLC

Employer Health Plans Find Savings Through Data-Driven Insights and Personalization

"Increasing engagement in benefits takes a blend of human-and-technology intervention. Artificial-intelligence-powered software notifies members of programs that may benefit them, using texts, emails or phone calls. The technology learns from data, such as the types of care a member uses, whether they adopt benefits like second-opinion services, and how and how often they engage with Accolade, Humana, or their health care provider.... Personalized, data-driven health care applications and services can create savings for employers and employees by helping members find affordable, quality care when they need it or before they do." Icon to read more

The Business Journals

Medicare Premiums for the First Two Years After Retirement Can Be a Nasty Surprise

"Retirees, to some extent, can control post-retirement income and could have one eye on the IRMAA premium tables while they do so. Maybe at least so far as not going one dollar over an income bracket and suffering a premium increase for the whole bracket." Icon to read more

Quarles & Brady LLP

How to Compliantly Transition Employees Into Retirement

"[T]he cost impact of an eligible employee's delayed retirement for one year can be equal to that of the combined sick leave and personal time off on a company-wide basis.... [One company] traced about 40% of their healthcare spend to a population of only 12% of their workforce, most of whom were eligible for Medicare or would be within two years. With an optional program in place to help older employees make end-of-career transitions, 60% chose retirement and/or moved to Medicare plans that fit their needs." Icon to read more

Corporate Synergies

Benefits in General

ERISA/Cybersecurity Considerations in the COVID Age

"[The Plan] Committee must ensure that technical, physical, and administrative safeguards are in place and are designed to protect the confidentiality, integrity, availability, and resiliency of plan assets, and that such safeguards meet the Committee's legal obligations and industry standards.... A key factor in understanding potential liability will be determined by how the Committee responds to and manages any cyber-attack if, as, and when one occurs." Icon to read more

Foley & Lardner LLP

Press Releases

Most Popular Items in the Previous Issue

HIPAA Breach Notifications for Employers
ABD Insurance & Financial Services

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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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