Health & Welfare Plans Newsletter

February 11, 2021

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What Do the Final IRS UBIT Regs Mean for Plan Investors and Investment Managers?
February 16, 2021 WEBCAST
Groom Law Group

Health Benefits for Domestic Partners: The Tax and Coverage Rules for Employers
February 23, 2021 WEBCAST
ABD Insurance & Financial Services

COBRA Compliance
February 24, 2021 WEBCAST
Employee Benefits Security Administration [EBSA], U.S. Department of Labor

Actionable Employee Health Trends for 2021
February 24, 2021 WEBCAST
Springbuk

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[Guidance Overview]

End-of-Year Omnibus Bill Adds Mental Health Parity and Addiction Equity Act Disclosure Requirements

"[T]his new disclosure requirement ... requires disclosure of the factors used to determine that an NQTL will apply, and the evidentiary standards used for the factors, requiring that every factor is defined."

Groom Law Group

[Guidance Overview]

ERISA Disclosure Requirements for Service Providers Extended to Group Health Plans

"The new law details specific items that must be disclosed by the service provider to the plan fiduciary, including a description of the services provided and a description of all covered direct and indirect compensation. The disclosure requirements will be effective December 27, 2021."

Proskauer

[Guidance Overview]

Changes to the Form 1095-C for the 2020 Tax Year

"The due date for employer to provide the Form 1095-C to individuals has once again been extended ... The multiemployer interim guidance is still applicable for 2020.... Special codes have been added for reporting offers of an Individual Coverage HRA (ICHRA) and additional information is required[.]"

Holland & Hart LLP

[Guidance Overview]

IRS Issues Updated Form 8994 for Employer Tax Credit for Paid Family and Medical Leave

"Employers that provided paid family and medical leave during the 2020 tax year -- especially those that also provided paid leave related to COVID-19 -- will want to review the updated [Form 8994] and instructions when preparing their tax return"

Thomson Reuters / EBIA

[Guidance Overview]

Local California COVID-19 Paid Sick Leave Ordinances Fill Gap Left by FFCRA Expiration

"[T]he cities of Oakland and San Jose, and the County of Los Angeles, have local ordinances in place that apply to both smaller and larger employers. Many other jurisdictions are considering enacting similar ordinances[.]"

Liebert Cassidy Whitmore

[Guidance Overview]

San Francisco Board of Supervisors Extends Paid COVID-19 Leave

"[T]he ordinance simply extends the period of time in which employees must use the mandated leave. The ordinance does not require an employer to replenish an employee's PHELO leave account."

Ogletree Deakins

Ninth Circuit: Employer Has Fiduciary Duty to Provide Adequate Notice of Life Insurance Conversion Rights

"The Ninth Circuit reversed a district court's holding that the employer had no fiduciary duty under [ERISA], aside from providing an insurance certificate/summary plan description (SPD), to notify the participant that his life insurance coverage would end.... In the court's view, the certificate/SPD was ambiguous[.]" [Estate of Foster v. American Marine Servs. Group Benefit Plan, No. 20-35023 (9th Cir. Feb. 9, 2021)]

Thomson Reuters Practical Law

Biden Administration Notifies Supreme Court of New Position on ACA

"With the process of writing the opinion in the case likely well underway, the federal government's reversal is largely symbolic and unlikely to affect the outcome of the case[.]" [California v. Texas, No. 19-840; Texas v. California, No. 19-1019 (cert. pet. granted Mar. 2, 2020; oral arg. Nov. 10, 2020)]

SCOTUSblog

House COVID Relief Bill Includes 15 Weeks of Paid Leave for Federal Parents, Caregivers

"[The] bill would dramatically expand federal employees' access to paid leave needed in connection with the pandemic, offering up to 600 hours of time off for those who are unable to work due to COVID-19 symptoms or self-isolation orders and those who need to care for a child whose school or daycare center is closed or relying on virtual learning."

Government Executive

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Lois Baker, J.D., President
David Rhett Baker, J.D., Editor and Publisher
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BenefitsLink Health & Welfare Plans Newsletter, ISSN no. 1536-9595. Copyright 2021 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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